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AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
...., Ministry of Establishment and 60 others for declarations that the newly inserted Rule 3(g) of the BCS Seniority Rules, 1983 is not applicable to them as well to respondent Nos. 2‑61. They further claimed that the Government order as contained in Memo No. Sha.Ma (Bldhi‑2) Gesthat‑57/93/ 49(10......t Nos. 2‑61. Civil Appeal No. 38 of 2002. (From the judgment and order dated 21st August 2000 passed by the Appellate Division in Civil Appeal No. 132 of 1998). with Civil Petition for Leave to Appeal No. 826 of 1998. (From the judgment and order dated 27 July 1998 passed by t......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....aint, contending, inter alia, that they also became the owners in possession over 3.5 decimals of land by purchase and got their names mutated but the plaintiff instituted the above suit with a false claim. The defendant respondents did not enter into any land of the plaintiff on 5‑11‑19...... Md. Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....ensation as provides by the law, but they denied finally on July 3, 1988. The pre-emtees are strangers in the holding and also not co-sharer of the land so transferred. 5. The pre-emptor claimed pre-emption as of being the co-sharer of the ejmali land of the holding i.e. R.S. Khatian No......iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in...... and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resources of equipment of immense value hardly capable of being remedied by payments of money as compensation. The High Court therefore passed an order that till three months from the day ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....s in suit belonged to plaintiff, his brothers and his brother's sons jointly and that plaintiff let out the premises in suit to the defendant on behalf of all the owners and as such the suit so filed claiming his exclusive ownership in the premises in suit was not maintainable. It was also the c......ocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate on the claims for Taka 65, 83,999.60 on account of compensation and interest for cancelling the work order ......rdinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate o......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... judgment and order dated February 26, 1997 of the Administrative Tribunal, (AT) Dhaka in Administrative Tribunal Case No. 193 of 1994 dismissing the same. 2. The respondent tiled the aforesaid AT Case challenging legality of his dismissal and prayed for reinstatement with all finan...... been considered as leave without pay as per regulations 31 (b) of the Regulation, 1981. 12. It may be mentioned that AAT found the allegations of unauthorised absence and borrowing of money were not disputed by the respondent and in that background the AAT held that the AT had right..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....inistry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committed error in law in......ted 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgment Md. Fazlul Karim J.- This appeal by leave is to consider the submissions of the learned Counsel for the appellant that: (1) The High Court Division has failed to appreciate the fact that the co......te the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....p; Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well ...... The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and s...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to...... the plaintiff. It was also the case of the plaintiff that on subsequent dates the defendant received further amount and thereupon there remained balance of Taka 25,000 out of the total consideration money and that in spite of repeated demands by the plaintiff as the defendant on receiving balance o..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
....-1998, he would be deemed to be present in his place of work since 31‑7‑1998 and is also entitled to his full emoluments. It is obvious that the first party invoked section 18(2) of the Act, claiming lifting of the order of suspension and full pay and allowance from the second party Corpora......ons of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expir......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Co......hen she raised alarm. Subsequently when the patrol police party came to the place of occurrence the accused‑petitioner was handed over to them and the police prepared seizure list after seizing the money bag with the money. Thereafter the police took the convict‑petitioner to the thana where the..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....itioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees i......hers.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....42 of the Companies Act, 1994. 3. The respondent company filed an affidavit-in-opposition wherein they have contended that the applications are not maintainable in view of the fact that the claims are disputed by the company. The further case of the company is, that the company is willing ......t. Company Matter Nos. 96 and 97 of 2001. Judgment Syed Amirul Islam J.- These two matters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are a......’s Company Law 9th Edition 379 to show what is the connotation of creditor within the meaning of section 245 of the Act and submitted that any person to whom the company is indebted in a sum of money presently due is undisputably a creditor and entitled to a petition for winding up of a compan..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....harge under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 was framed against the condemned prisoner on 2‑2‑98. The condemned prisoner has pleaded not guilty and claimed to be tried. The defence case is that, no occurrence took place in the manner as stated by t......tion 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat ......ulted his daughter to death and that he has heard about the incident from the neighbours Qushem Ali, PW 9, stated that the accused Taher assaulted the victim to death, that he used to assault her for money and that he heard from Hossain Ali and Ahmad (PW 3) about the killing of the victim. In cross-..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......olved: Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Admi...... to the post of Assistant Post Master and had been working in the said post from 14‑11‑1991. During the tenure of his service allegations were received against him for misappropriation of money from passbook account and Savings Defence Accounts of Post Office Branch wherein he was posted..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....ssor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) ......the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....SA Khatian No. 418 and 0.50 acre of land in Plot No. 259 was wrongly recorded in the name of Omed Ali in SA Khatian No. 193. The plaintiff had no knowledge about the wrong record, When the defendants claimed the suit land on 1‑10‑1984 on the basis of wrong record the plaintiffs were cons......hellip;..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining the commissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence. Lawyers ......s share to one Munshi Md. Chand Ali by a registered kabala dated 3‑71356 but did not deliver possession of the transferred land and then the defendant Nos. 14‑16 on payment of kabala money to Munshi Chand Ali Mollik got a deed of reconveyance and to the knowledge of all including th..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....diction and obtained the Rule. 5. The High Court Division upon observing that plaintiff in support of his case has examined himself alone and no other independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was also noticed by the High Court Divisio...... February 11, 2004. The Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....heduled of Miscellaneous case. b. Pre emptee Second opposite party did not put up contest in the Miscellaneous case on laying any written objection. c. Vendor Petitioner only debated the claim of pre-emptor first opposite party on presentation of a written objection putting forward con...... rule "ei incumbit probatio quit dicet non que negat" the burden of proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportab......aged land to pre-emptee (second opposite party) and the deed of agreement of re-conveyance was unregistered. It was the case of Vendor that as the transfer was by way of mortgage the consideration money was fixed at Take 80,000/- in lieu of Taka 1,70,000/- 17. Agreement being an unregister..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
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