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Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......pellant against that order was dismissed. Leave was granted to consider the submissions as under: "The learned Additional Attorney-General Mr. Mahbubey Alam, submits that in the absence of any finding regarding the place of arrest of the ships in the high seas by the appellat......der Article 102 of the Constitution through its local agent Messrs Mariner Bangladesh Ltd. impugning the order dated 16-6-88 passed by the respondent Nos. 1-3 to the writ-petition in its revisional jurisdiction under section 196B of the Customs Act, 1969 setting aside the order dated 28-1-88 pas..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....esaid 39 members of the Samity as landless peasants filed applications to the Sub-Divisional Officer, Habigonj in their individual capacity in separate printed and prescribed form for settlement of a total quantum of land measuring an area of 82.53 acres, each claiming 2.50 acres of land appertainin......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......changing the nature and character of the land in suit and transfer thereof. 2. As against the said order of status quo the defendant-petitioner herein moved the High Court Division in revisional jurisdiction and obtained the Rule. 3. The suit was filed seeking recovery of possession of the ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... that the victim had filled up pain in her mind because of demand of dowry and for torturing her in not meeting the entire demand of dowry. So, it is not correct to say that in the diary there was total absence of matter of making demand of dowry and torturing the victim for non-payment of dowry......d by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, t......osition and the evidence on record were in error in convicting and sentencing the condemned prisoner. 10. In the course of hearing of the appeal the learned Counsel raised question of jurisdiction of the Adalat to try and convict the condemned prisoner upon submitting that dema..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....nstructed a tin shed house and lived there. The said Abdul Hafiz entered into an agreement on 20-12-71 with the appellant to sell the same to the appellant on receipt of Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on th......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: ......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)
....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. ......ion for extension of leave for 30 days but was not informed as to whether leave was sanctioned or not, then on 23-8-87 the petitioner No. 2 called for an explanation from him as to his unauthorised absence whereupon he submitted reply stating the circumstance of his absence but without considerin......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
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......ng persistent reputation of being corrupt; (v) subversive activity or association with persons or organisations engaged in subversive activities; (vi) desertion from service or unÂauthorised absence from duty without reasonable excuse; or (vii) inefficiency. The authority concerned ......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....s required to be served upon her. In our view, this finding of the Administrative Appellate Tribunal regarding service of notice to show cause upon the appellant before her removal from service is totally unfounded as the communication of newspaper cutting inviting comments of the appellant cann...... 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. ......994 as stated above. So, it is clear that her removal was not a removal simpliciter; rather her removal was with stigma. Therefore, her removal from service without notice to show cause was without jurisdiction. 11. It is also undisputed that in Ramna PS Case No. 44 dated 20-1..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....d their execution; their neighbours, PWs 3, 4, 5 and 8 stated that they heard PWs 1, 2, 7 and the late Upendra denying their execution of the Sale‑deed in presence of the accused-recipients; total absence of any evidence as to payment of any consideration for the Sale-deeds and the opinion......r execution; their neighbours, PWs 3, 4, 5 and 8 stated that they heard PWs 1, 2, 7 and the late Upendra denying their execution of the Sale‑deed in presence of the accused-recipients; total absence of any evidence as to payment of any consideration for the Sale-deeds and the opinions of b......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ve, Thana Parishad/Thana Council is of recent development, from the days of basic democracies in 1959. Thana Parishad built up in haste in 1982 was given so much power, function and position that the totally inexperienced elected Chairman, even if he had all the honesty and sincerity, could not cope......arliament. "There shall be a Parliament for Bangladesh ......... (Article 65) or a Supreme Court‑"There shall be a Supreme Court of Bangladesh ............................. (Article 94) etc. In the absence of any definition and in the absence of any directive to create a local government afresh, t......œwhat it purports to be". Colourability is linked up with incompetency, that is, an authority doing a thing which he got no power to do. "Colourable" is not tainted with bad faith; it is just lack of jurisdiction. In other words, in the case of 'law‑making, the, doctrine of colourable legislation ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....ares of Tk. 100 each in the said Bank. The Bank in due course of business provided credit facilities to the various companies owned by the judgment‑debtor No. 2 on his personal guarantee. The total outstanding liability stood at Tk. 69,93,579.60 on 31.3.87 and on the date of application it......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....ffice, respondent Nos. 1 and 2 herein and Tobarak Mollah and Mobarak Mollah (since dead) in collusion with each other got five fictitious sale certificates registered and used them in respect of a total area of 11.72 acres of lands worth Taka 5,00,000.00 of Mouza Bora Chatfatia, PS Tongibari, v......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....ts for some of the remaining plots would be assessed after the same were delivered in execution it was pointed out. The Court, however, found, inter alia that "it is apparent that plaintiffs totally failed to prove that defendants have been in illegal possession of the suit land". ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......suffer the scrutiny and respectful even though outspoken comments of ordinary men." 15. The principles laid down in the aforementioned cases are substantially followed in our jurisdiction. I do not find any worthwhile reason in applying law of Contempt, or for that matter a..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... 5. The sum and substance of the above proceedings in so far as the present dispute is concerned is that the Engineering Consultants of the University estimated before the tender was floated that the total earth that would have to be cut would be to the tune of 42,60,000 cubic feet. Owing to some mi......nt, the expected progress of work and the convention of deducting 10% from the running bills and coming as it does from an Engineer Arbitrator, it cannot be said that he was wide off the mark. In the absence of documents the Arbitrator's work was indeed a difficult one and unless it can be shown tha...... 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)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......hority, but it is not the case of the respondents that the Deputy Director (Estates) of former DIT who accorded the permission for transfer on 25.1.86 had no power to do so or that he exceeded his jurisdiction in doing so. It is only resolved by the Board of Trustees on 29.9.88 that there were ..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. ......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. ......the deceased judgment‑debtor. The learned Judge also held that there being a specific provision of substitution under Order 22 rule 3(1) of the Code of Civil Procedure, the learned SCC Judge had no jurisdiction to exercise any power under section 151 of the Code. 3. Leave was granted to conside..Category: Tenancy Law | Date: | Hits: 90
Bangladesh Freedom FightÂers Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... 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. ......not been clearly stated in the relevant provision for termination of service, sub‑rule (1) of rule 7 of the Rules, who is to exercise that power. The High Court Division correctly held that, in the absence of any specific provision to this effect, the appointing authority of the employee must be d...... 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
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... not applicable to the BJMC's employees prior to that date. 4. I shall now see whether the principle of natural justice was followed in the appellant's case. There is no dispute that in the absence of any statutory rules framed by the Government under Article 24 or regulations made by the......ection Mr. Khalilur Rahman has referred to a decision of this Court in the case of Bikash Ranjan Das Vs. The Chairman Labour Court, 29 DLR (SC) 280. In that case the scope and extent of the court's jurisdiction to examine and scrutinise the findings of a domestic tribunal has been indicated. It h..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....Ws 2-5] are independent witnesses. They have no enmity with the accused-appellants. Of course, PWs 2-5 did not tell the IO that appellant Hazrat Ali caught hold of the hair of deceased Abu. In the totality of events this was a minor omission because the presence of appellants Hazrat Ali and Mans......d. The apprehension of the appellant and two others by the members of the public and their production before the police‑station is too inconclusive to prove the guilt of the appellant in the absence of any overt act by him in the commission of offence, apart from the assertion, an afterth......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....sioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy Attorney General appearing for the appellants, has assailed this view of the learned Single Judge as totally erroneous and has contended that in view of absence of jurisdiction of the civil Court the ...... 3. Mr. Hasan Arif, learned Deputy Attorney General appearing for the appellants, has assailed this view of the learned Single Judge as totally erroneous and has contended that in view of absence of jurisdiction of the civil Court the plaint should have been rejected outright. Mr. NH Kh...... question whether the whole proceedings including the decree of the Civil Court suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service o..Category: Administrative Law | Date: | Hits: 130
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