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Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......cial Court Judge in pursuance of a province’s Budge Deficit Reduction plan. It was a part of an overall public economic measure. In remuneration of Judges of the Provincial Court of Prince Edward Island, decided in 1997, the Supreme Court of Canada held that “as a general constitutional principl......is also Reported in: 52 DLR (AD) (2000) 82. ......hen the matter came up for hearing before a Division Bench of the High Court Division the Court passed an order requesting the learned Attorney-General to appear in this case as it involved important questions of law having far reaching effect. The learned Attorney-General was notified and on 27-6-1..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......e award Rule of the Court passed in Other Class Suit No. 283 of 1978 were fraudulent and void respectively stating, inter alia, that as defendant Nos. 8 and 9 tried to construct a pathway over the land of the plaintiffs a dispute arose and on being asked by defendant Nos. 3 and 4 to sign a blank...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......; Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...Respondent Judgment Fe...... as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any court or any other authority.” If we take this provision literally it wou..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......rted in: 52 DLR (AD) (2000) 75. ......ent Board (Employees) Service Rules, 1982 and in public interest they have been transferred from one district to another which is lawful and the same cannot be challenged. 4. The material question for determination is, whether Class III employees who belong to the PDB can be transferred..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......p;……..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment February 8, 2000. The Banking Companies Act, 1991 (XIV of 1991), Section 46 In view of the inspection report and recom......ing Director. 9. Proviso to section 46(2) of the Act speaks of “in the opinion of the Bangladesh Bank”. Formation of an opinion is undoubtedly result of mental exercise of any question. Normally for forming an opinion there is existence and consideration of some relevant mat..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... Supreme Court Appellate Division (Civil) Present: Md. Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………......ing of votes one chairman candidate namely, Haji Ajman Ali with the help of some hired ‘goondas’ had snatched away the ballot boxes and all other election materials from the centre in question and thereby the presiding officer could not prepare the result sheet and the Returning Of..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......r dated 25-2-98 cancelled the Jimma of the girl and put her in the judicial custody for the sake of smooth investigation observing that further examination of the girl was not necessary and that e question of her custody will be considered after submission of the police report on conclusion of i..Category: Criminal Law | Date: | Hits: 48
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....sion No.2385 of 1996). Judgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial Court, the defendant-petitioner’s appeal was dismissed by...... Court Division in Civil Revision No.2385 of 1996). Judgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial Court, the defendant-petitioner&r......Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and others……………..Respondent Judgment &n......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......nd the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... For the Petitioner. Ex-parte — Respondent. Criminal Appeal No. 11 of 1995. Judgment Md. Abdur Rouf J.- A short but important question has been raised in this appeal by leave as to whether in view of the provision of section ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ode of Civil Procedure. 2. Plaintiff-opposite party No. 1 filed Title Suit No. 17 of 1998 in the Court of Senior Assistant Judge, Barguna for declaring the sale certificate and writ of delivery of possession, alleged to have been issued in Money Execution Case No. 14 of 1933 in execution of a dec......f on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wrongly recorded in the name of defendant’s predecessor Wazid Ali Zamaddar plaint......il Revision No. 4687 of 1999, Here. Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1-...... Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through inves..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....uit out of which this petition for leave to appeal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. A......ent Bimalendu Bikash Roy Chowdhury J.- The suit out of which this petition for leave to appeal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' sc......p; June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity. Lawyers Involve......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......suit was barred by limitation under Article 91 of the First Schedule to the Limitation Act. 4. The argument has no legs to stand. The plaintiff asked for a declaration of title to the suit land after a declaration that the impugned kabala was false, fraudulent and illegal. The suit there......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The p...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......rt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director…&hellip...... only in name or whether he actually working in a managerial capacity. This fact is to be determined by the Labour Court and not the High Court Division. It has been held that whether the post in question is the post of an officer or a worker or workman is purely a question of fact which ought ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarre......sed by a Division Bench of the High Court Division in Writ Petition No. 3165 of 1997 making the Rule Nisi absolute. 2. The writ-petitioner-respondent claims to have purchased 47.75 acres of land which originally belonged to Bhawal Raj Estate and which was taken over by the Court of Wards...... .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....change automatically along with final decree, and that it was further held that the pre-emptee having failed to prove that the case land was partitioned by Advocate Commissioner and his vendor got possession therein the co-sharer ship of the pre-emptor in the land continues and, in that view, we......cate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act......41. ...... the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but in section 24(1) of Non-Agricultural Ten..Category: Property Law | Date: | Hits: 57
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......s Union………………….Appellant
Vs.
Karnaphuli Paper Mills Ltd. Employees Union & another…………..Respondents
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors ......)(a) of section 22 of the Ordinance. On the basis of the said list the Registrar prepared a further list of voters.
3. The Employees Union then preferred Writ Petition No.2 109 of 1995 calling in question the legality of the letter of the Registrar of Trade Unions, Chittagong, dated 13 September..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... 2. Khandker Mahbubuddin Ahmed, learned Advocate for the plaintiff-petitioners, submits that the trial Court merely on a consideration of the dakhilas found that the petitioners are not in possession of the suit land. The trial Court did not discuss the oral evidence on record. The lower......l Revision No.1798 of 1994). Judgment Mustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, Kaliganj by judgment and decree dated 30 04-92 w...... others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) ...... on record. The suit was dismissed only on the ground that the plaintiffs filed the suit long after the period of limitation after the suit land was recorded in the name of the defendants. Had the question of possession been considered by the two Courts below on the basis of oral evidence on rec..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......ordinate Judge 1st Court Barisal decreeing the suit for partition., (Title Suit No. 188 of 1970) declaring thereby the plaintiffs share to the extend of 4.64 ½ acres in the suit land. 2. Syed Ziaul Karim, learned appearing for the defendant-petitioner submits only poi......………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit for partition have no common......arned Judge of the High Court Division rightly noticed that all the parties in the partition suit have no common interest in respect of the lands of SA Khatian Nos. 752, 762 and 764 of the Mouza in question which are alleged to have been left out of the suit. In the facts and circumstances of the..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....Court Division resulting in the filing of this petition for leave to appeal. 3. It was contended by Mr. NH Khandaker that in view of the pendency of the appeals and the petitioner being in possession in the disputed property the High Court Division fell in error of law in not noticing th...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......ellip;…Respondent Judgment February 7, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the peti......ontends that the findings of the High Court Division that the respondent is not getting rent for 18 years is based on consideration of evidence and, as such, it does not give rise to any important question of law to be decided by this Division. He further argued that in the event of success in t..Category: Property Law | Date: | Hits: 87
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......ith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......pected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under trial. 7. It may be noted here that a TI parade ..Category: Criminal Law | Date: | Hits: 92
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