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Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......s also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......1992 and Civil Petition No. 119 of 1991. Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had ju..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....inarily to be made if rent paid at allowable rate.- (1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowa...... The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy isâ......y Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......y filing a written statement contending, inter alia, that the suit was not maintainable as no notice under section 106 of the Transfer of Property Act was served upon the defendant; that the lease in question was not a periodical lease and that he was not a defaulter in payment of rent as he regular..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......ant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder .............................Petitioner Vs. Secretary Ministry of Communication Roads and High Ways and Others …Respondent (In Civil Petition No. 346 of ......Act VII of 1981 and the Rules, 1985 are to be construed harmoniously and beneficially for the Government servants, reliance is placed on Kadir Bux Vs. Province of Sind 1982 SCMR 593. In that case the question arose as to the period off limitation available to a civil servant for filing an appeal und..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... days from 2.2.83 to 20.3.83 due to a dispute arising between the appellants, BADC, and the Ministry of Land at whose instance the Deputy Commissioner, Faridpur, by applying Police Force, took over possession of the construction site. After prolonged negotiations between the concerned Ministries,......lam Kibria ............... Respondent (In both the appeals) Judgment February 28th, 1994. Cases Referred to- Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826......rt under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power ..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......tion has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......no part of the cause of action accrues at the place of the branch office the mere fact of the corporation having a branch office at the place will not give the Court jurisdiction. Therefore, the moot question is whether the cause of action of the suit or any part thereof arose at the Clevedon Tea Es..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....nd was requisitioned and acquired for the respondent-company out of which .06 acres was later on derequisitioned. After finally acquiring 1.182 acres by a Gazette notification dated December 2, 1963, possession was given to respondent No. 1 on April 2, 1963 and a deed of transfer was executed and re......4, 1994. Result: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of s......der appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......n in Writ Petition No. 162 of 1985 striking down an order of derequisition. 2. Respondent No. 1, M/s Commercial Trust of Bangladesh, a Private Limited Company, filed that writ petition calling in question, the memo dated June 4, 1985 of the Ministry of Land Administration and Land Reforms uphold..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ....... 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......oth the appeals, Nos. 81 of 1991 and 85 of 1991, preferred by the respective appellants. The present appeals have been heard together since the contentions raised therein veer round the same and only question as to the powers of the Tribunal under the Administrative Tribunals Act, 1980 (Act No. VII ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......arned advocates for the petitioners in the present cases. 48. In this connection it may be mentioned that a jurisdiction of a Court is created either by a statute or by common law (as in England). A jurisdiction cannot be created by assumption or with the consent of the parties. Similarly......de. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... (4) of section 439, the High Court Division had been expressly prohibited from entertaining any proceedings in revision in respect of an order passed by the Sessions Judge under section 439A. The question is whether, after the insertion of section 439A and the amendment of section 439A, the Hig..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....y who had lost in revision before the Sessions Judge; in that case, which arose from a proceeding under section 145 of the Code before a Magistrate, the crucial question was, what was "actual possession of the land in dispute". The first party to the said proceeding contended that some...... revision before the Sessions Judge; in that case, which arose from a proceeding under section 145 of the Code before a Magistrate, the crucial question was, what was "actual possession of the land in dispute". The first party to the said proceeding contended that some time before the ......esent case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... 2054 of 1993). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code of Crimina..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....quisition notification. 2. In their Writ Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion o......it Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion of their ancestral homestead, for washing ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ......al for the alleged purpose of acquisition and that there was sufficient vacant space in the Madrassa premises as well as in the adjoining area which could be acquired for extension of the Madrassa in question. By an order dated June 6, 1985 the respondents were informed that the Government decided n..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......certainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, at least on facts of this case, to aw..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d to quit the suit premises for fear of life and that they returned after the liberation. His further case is, that the premises concerned was damaged by the Pak Army. He repaired the same but the landlord did not pay the expenditure incurred by him and that he was assured by the landlord that t......re restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... at their own cost which was not adjusted by the landlord. According to the trial Court, the defendant in both the cases "should get the benefit of the abnormal circumstances of the period in question". 2. Leave was grated to consider whether in view of the finding of the trial ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....properties of Ramjan Garo and it was so recorded in his name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying the suit properties being in possession for more than 12 years. First appellant as plaint at filed OC Suit No. 66 of 1975 in the......1977 and the same is still pending. In the said appeal Respondents 1 and 2 filed an application for temporary injunction restraining the appellant from interfering with their possession in the suit land. Prayer for injunction was opposed, saying that the respondents could not legally make a praye...... This case is also reported in: 46 DLR (AD) (1994) 51 ......on was done on correct principles. 4. So far as the case of Mosharraf Hossain is concerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or national economy is involved, the rule of ba..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......der are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......ts. But then he came in writ to complain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......ourt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ...... under the Commission of Enquiry Act, 1956 for an enquiry into the circumstances leading to the heavy damage to aircraft and vessels based at Chittagong during the cyclone of April 29, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause of d..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......ed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......nly passed a consent order on the basis of some calculations based on a table furnished by the petitioner‑Sangstha at the time of hearing and without proving the same. Without going into the question whether the order of this Court was a consent order or not, it stares us in the ‑fac..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ....... This case is also reported in: 46 DLR (AD) (1994) 37 ......however accepted the Government's contention that the petitioner's appointment was rightly cancelled in terms of the contract to which he was a party and dismissed the writ petition. 4. The question now raised before us by the petitioner's learned Advocate is of much greater significance ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......for rehabilitation and the limited resources of the State. The classification was found to be bonafide and as such held to be reasonable. In the Tamil Nadu case under the Tamil Nadu Rent Control Act, landlords were permitted to evict their tenants for the purpose of repair or re‑construction of th......to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......30, were constituted with effect from 1 September, 1980. The three Cadres of the Engineering Service, as mentioned above, are among those 30 Cadres. The BCS composition and Cadre Rules, 1980 left the question of seniority to be determined in due course. That is why the Government, on the recommendat..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ...... the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 o...... to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....d that the appellants came to know about the said decree and the execution case, Title Execution case No. 33 of 1987, for the first time on 15.5.92 when Police went to the land for giving delivery of possession, they, inter alia, filed Title Appeal No. 218 of 1992 against the said ex parte decree be......ly suppressed in the suit and that the appellants came to know about the said decree and the execution case, Title Execution case No. 33 of 1987, for the first time on 15.5.92 when Police went to the land for giving delivery of possession, they, inter alia, filed Title Appeal No. 218 of 1992 against......the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......rred appeal was apparently bad but the learned Judge of the High Court Division instead of setting aside the same altogether could have maintained it with a rider, following the above dicta, that the question of limitation would be decided at the hearing of the appeal…………………………(1..Category: Procedural Law | Date: | Hits: 121
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