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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....d that the owner ceased to occupy, supervise or manage the property. 3. The appellant, being aggrieved by the judgment, filed the writ petition before the High Court Division which discharged the Rule upon finding, inter alia, that the appellant had filed only the photocopy of the lease deed of ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
............Petitioners Vs. Khondaker Khairul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good gro......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....The defendant-petitioner seeks leave to appeal against the judgment and order dated 22-5-2001 passed by a Single Judge of the High Court Division in Civil Revision No. 4924 of 1998 discharging the Rule and confirming the judgment and decree dated 30-6-1996 of the Additional District Judge, First......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ect: by order of the President and she was removed by an order passed by the Deputy Secretary of the concerned Ministry and, as such, it is clear that in passing the impugned order sub-rule (b) of Rule 4 of the Government Servants (Discipline and Appeal Rules), 1985 has been violated as the impu...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....gorous imprisonment for one month more. 2. Against that order of conviction they filed an appeal, Criminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they should not be......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... 30, 1989 of the High Court Division passed in Criminal Contempt Case No. 3 of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court f......t it must be considered that in small colonies, consisting principally of coloured populations, the enforcement in proper case of committal for contempt of Court for attacks on the Court may be absolutely necessary to preserve in such a community the dignity of and respect for the Court.&quo..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be heard and to defend themselves. Rules having been issued thereupon the appellants entered appearance and resisted the Rules both on ......ecided the matter on merit as well as holding that the principle of natural justice was violated in this case. The learned judges, therefore, by a common judgment dated 6 November 1991 made the Rules absolute and declared the order of punishment, awarded by the appellants, void not only against the ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.....- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1990 a Division Bench of the High Court...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....Mustafa Kamal J.- These two appeals, one certificated and the other by leave are from the judgment and order of the High Court Division dated 18.6.90 in Writ Petition No. 10 of 1989 discharging the Rule Nisi. The writ petitioner is the appellant in both the two appeals. They have been heard toge......provision of clause 28(1) hereinafter and forfeit the premium paid by the LESSEE and on such determination, the demised property and any construction thereon shall vest in the LESSOR and be the absolute property of the LESSOR free from all encumbrances." Reliance has also bee..Category: Property Law | Date: | Hits: 110
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......an order dated 24.3.90 after hearing both parties. In revision, Civil Revision No. 779 of 1990, a learned Single Judge of the High Court Division by his judgment and order dated 12.3.91 made the rule absolute and set aside the order of the learned SCC Judge on the ground that the right of a monthly ..Category: Tenancy Law | Date: | Hits: 90
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....rvice was terminated by an order dated 26th October, 1986 communicated under the signature of the Secretary of the Trust. The order was purported to have been made under the following sub-rule (1) of Rule 7 of the Bangladesh Freedom Fighters' Welfare Trust (Head Office) Service Rules 1979, framed by...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....unds of misconduct. Leave was granted by us to see whether the High Court Division duly considered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural ju......ate cases the domestic tribunal may arrive at a decision simply by questioning the accused and considering his explanation. In some cases examination of witnesses in presence of the accused may be absolutely necessary. In the facts and circumstances of this case, the enquiry is found to have bee..Category: Employment/Service Law | Date: | Hits: 67
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....ision No. 204 of 1998 (Sylhet) Judgment: Latifur Rahman J.- This appeal by leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The mat...... No. 204 of 1998 (Sylhet) Judgment: Latifur Rahman J.- This appeal by leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....ment and decree dated 27.6.80 affirmed the same. A learned Single Judge of the Barisal Bench, High Court Division by judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the judgment and decree of the lower appellate Court. 2. The property described......ce of the case may require." 11. The only provision under which Rajeshwar could have filed the suit is under Clause (a) i.e. where the contract is voidable or terminable by the plaintiff. There is absolutely nothing either in Ext.1 the dead of agreement or in Ext. Al the supplementary agreement t..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
....enged the said detention under section 491 of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 173 of 1988 and after hearing the High Court Division by order dated 16.2.1989 made the Rule absolute and directed the release of the detenu at once; that the said order was communicated o...... the said detention under section 491 of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 173 of 1988 and after hearing the High Court Division by order dated 16.2.1989 made the Rule absolute and directed the release of the detenu at once; that the said order was communicated on 20...
Category: Criminal Law | Date: | Hits: 88
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....nbsp; Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn ...... Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set a..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....round that the appellant "has made submission on facts" and has "not been able to point out any error of law in the decision" of the lower appellate Court "for issuance of Rule." 12. Leave was granted to consider the appellant's submission that the finding of......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
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