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Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......e is also Reported in: 48 DLR (AD) (1996) 62. ......tion is that the plaintiff’s suit was also not maintainable for want of cause of action as the Bank in the impugned order of termination had expressly allowed him all his termination benefits. This question being related to the merit of the suit cannot be reopened at this stage, because the leave ..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....ettlement on consideration of the materials on record arrived at a finding that Nasima Khatun is not the daughter and heir of original lessee Mobina Khatun and that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Divi......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......ment and others………………………. Respondents. Judgment August 27th, 1995 Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record—......haka by the respondent in ‘Ka’ list of the Abandoned Buildings as valid and legal. 2. Case of the petitioner, in brief, is that, the original lessee Mobina Khatun of the house in question died on 4.2.72 leaving behind Nasima Khatun, the only daughter as her heir who on Septembe..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....irst Court of Settlement, Dhaka in Case No. 318 of 1988 (Ka-238-Sec. 6, Mirpur, Dhaka) whereby the said Court declared the house in question as not an abandoned property and directed restoration of possession thereof to the petitioner. The petitioner filed the above mentioned case under section ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... ...... aside the judgment and order passed on October 27, 1992 by the First Court of Settlement, Dhaka in Case No. 318 of 1988 (Ka-238-Sec. 6, Mirpur, Dhaka) whereby the said Court declared the house in question as not an abandoned property and directed restoration of possession thereof to the petitio..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......the Chief Metropolitan Magistrate to take cognizance of the offence and to issue process in accordance with section 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ...... appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......to be made when it tends to the general convenience of the parties or the witnesses. The High Court Division may also withdraw a case itself without issuing any notice upon either parties when some question of law of unusual difficulty involved therein.” Neither of these situations was pres..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....n of fact and where malafide is alleged in the plaint a petition for rejection of the plaint under Order VII rule 11 CPC is not maintainable. 8. Respondent No.1, the purchaser, got physical possession of the property and the sale certificate from the Bank after making full payment. For pr...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......n. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......at the impugned judgment is contrary to the decision of the Appellate Division in Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1 wherein it is held that malafide is a question of fact and where malafide is alleged in the plaint a petition for rejection of the plaint..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ...................... Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment January 9th, 1995 Lawyers Involved: Shahabuddin Ahmad, Advocate-on-Record For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, i......t was not challenged in the Bank’s written statement. Because of its failure to consider the pleadings of the parties in juxtaposition the Appellate Tribunal misdirected itself to ask a wrong question and ultimately it gave a wrong decision. For the reasons stated above the judgment ..Category: Employment/Service Law | Date: | Hits: 150
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ixed the price of the plot at Tab 1.50 crore per bigha in 1985, but upon receiving the said directions consented to allot the said plot to the said Company at the rate of Tab 1 crore per bigha . The possession of the said plot was subsequently transferred to the said Hotel Authority. The then DIT w......l Bashar, the then Chairman of former DIT (since deceased) in collusion with each other and in violation of the existing Rules of the then DIT allotted 11 bigha , 11 katha, 1 chatak and 34 sq. ft. of land of plot No. 1 of Shahbag Commercial Area situated on the north of the PG Hospital and on the we......ns of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......f the trial Court while framing charge or the Court exercising jurisdiction under section 561A Cr. P. C. to examine the admissibility, relevance, propriety or sufficiency of materials. For, all these questions, specially in a criminal trial, are mixed questions of fact and law which cannot be resolv..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......d. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......ion in Writ Petition No.674 of 1987 and eight others which were heard analogously and disposed of by a common judgment. Different cinema halls moved those Writ Petitions and obtained Rules calling in question the acceptance by the appellant the award given by the Minimum Wages Board (hereinafter ref..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......also reported in: 48 DLR (AD) (1996) 33. ......ition that at about 3-00 AM on 1710.1993 he had left Chittagong for Cox’s Bazar where his father was serving and residing. He stayed there upto 21.10.1993 and, as such, he claimed that there was no question of his involvement in the alleged incident. 10. In the affidavit-in-opposition filed on..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......shnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rafiq-ul Huq and Mahmudul Islam, Senior Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on- Record— For the Petitioner. TH Khan......of the parties and to imply terms in accord with such intention to give business efficacy to the licence, a function which the Court can and ought to perform. The High Court Division asked a wrong question relating to extension of the period of exclusive operation in the licence and thus arrived..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......e joint venture agreement was signed between Mr Sahjad Ali, the then Chairman of BTL, BTL itself and Hutchison Telecommunications (Bangladesh) Ltd. (which we are told was incorporated in the Virgin Islands), a subsidiary of HTL, agreeing thereby that for the business of cellular radio telephones a j......l Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......erms and conditions of the licence itself. Therefore in the facts of the present case the writ petition cannot be resisted on the ground cancellation of a commercial contract. 17. Mr. TH Khan has questioned the locus standi of Mr. AKM Mainul Haque to prefer the writ petition on behalf of BTL and..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......h Court Division was justified in dismissing the suit in revision upon setting aside the concurrent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case......ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another………………&helli......Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan Law. The only question for consideration in this appeal is whether the learned Judge of the High Court Division w..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of that suit havi......he allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of that suit having been returned they f......96) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......1966 and also the judgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. Afte......tter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ...... (Supplementary Provisions) Ordinance, 1985 (No. LIV of 1985). 4. The Court of Settlement dismissed the case by its judgment dated 12th August, 1987 after holding that the building in question was an abandoned property. As the Court of Settlement was to be constituted with the Chair..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....in the First Court of Assistant Judge, Dhaka for declaration of their title to the disputed house and for releasing the same from the list of the abandoned property and further for delivery of its possession to them. 4. In the meantime, the Government published a Gazette notificatio...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ...... Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision o..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ssions Judge was wrong in holding that since he obtained the charge of the Sessions Division with effect from January 23, 1991, fresh limitation will run from January 23, 1991. 17. But the second question on which leave has been granted makes the first question very much an infructuous one, if t..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....9.78 and 20.3.78. The sale was confirmed on 17.4.78 and the Court issued sale certificate to the auction-purchaser under Order XXI rule 94 CPC, on 17.3.79. The auction purchaser also got symbolical possession of the suit property on 4.6.79 through Court by beat of drums in presence of witnesses. ......t, a two- storied building with other tin shed and structures being House No. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (t...... ......ons of this Division. 12. At the time of granting leave Mr. TH Khan, entering Caveat for the auction-purchaser orally objected to CA No. 15 of 1994 as time-barred and prayed for keeping the question of limitation open at the hearing of the appeal, which was allowed. 13. Mr. AW Bhuiy..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....th their own money and as such, the plaintiff claimed to be entitled to 8 annas share in these three schedules of properties, the remainder eight annas being the property of defendant No. 1. Joint possession and ownership of these properties were found inconvenient by the plaintiff and according...... 4. The plaintiff’s suit was contested by the defendants by filing two sets of written statement. Defendant No. 1 in his own written statement contended that lot No. 1 in 'Ka' schedule land belonged to his father Jamiruddin. Lot No. 2 in 'Ka' scheduled property also belonged to his f...... appellate Court are affirmed. Ed. ......ff. In respect of other properties, they were permitted to pay a fixed court-fee for claiming partition and saham in those schedules. This order was complied with by the defendants 2 and 3 and the question of title was, accordingly, gone into in respect of these items also. 7. The trial ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......he commission of the crime by him. In the said facts and circumstances our Supreme Court held that in receiving money on the one hand, and undertaking on the other hand, to destroy the telegram in question before the due date, the accused committed an offence under section 161 of the Pakistan Pe..Category: Criminal Law | Date: | Hits: 68
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