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Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....t file any representation as there was no provision for releasing an officer from the service of the Corporation and as such the order itself was illegal and he undertook to withdraw the order and to justice to him. As nothing was done however, he filed an application on 1.11.89 and prayed for allow......h sent the order by special messenger on 8.9.88 but the then Chairman Col. (Retd.) Shahabuddin did not allow the respondent to join on that day and advised him to meet him on the next working day and accordingly the respondent again went on 10.9.98 (as 9.9.89 was Friday) and submitted another joinin......ifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Respondents Judgment October 28, 1993. Result: The appeal is allowed. Cases Referred to- Sarat Chunder Dey Vs.......tively to the writ petition. It is further alleged that on 'receiving the application for retirement from the respondent which was submitted against his will, the said Chairman, illegally and without lawful authority passed the impugned order on 29.9.88 releasing the respondent from his permanent se..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ired from service. It is submitted that the President's pleasure, in Article 134 of the Constitution, cannot be exercised arbitrarily, capriciously or whimsically or against the principles of natural justice. 7. Rule 14(5) is violative of Article 27 of the Constitution. It was added to the Navy R......ral grounds also stated in his order that the petitioner was compulsorily retired for inefficiency. 16. It will be inappropriate for the High Court Division to reject an application summarily when according to he High Court Division it involves a substantial question of law as to the interpretati......tioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment November 23rd, 1993. Cases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs......icle 27 of the Constitution. It was added to the Navy Rules, 1961 by an amendment in the year 1988 by the previous autocratic regime and the Government is honour-Âbound to repeal all un‑democratic laws introduced by the previous autocratic regime. 8. It is contended that the High Court Divisio..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......review, but in view of what we stated above we do not think that a consideration of those cases is necessary. Hence we find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in:......st the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, ...... 12. Article 3 of President's Order No. 128 of 1972 provides that the provisions of this Order and any rule made thereunder shall have effect notwithstanding inconsistency therewith with any other law for the time being in force. Article 28 originally stood as follows: "28. All l..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
..... Rashid has referred to Article 99 of the Constitution vis‑a‑vis section 5(3) of the Public Servants Retirement Act. Section 5(3) provides that "the President may employ a public justice. That many others servant on contract after his retirement". In pursuance of Section 5......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by the High Cou...... of the Supreme Court. The appointment, removal and other terms and conditions of service of a retired Judge in a public office should not be governed either by "master‑and‑servant law" or by any unequal contract. If it is not thought to be expedient to make any statutory pr..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
.... according to those distinctions. Therefore a classification is reasonable if it is made to give special treatment to a backward section of the people. It is also permissible to dole out distributive justice by taxing the privileged class and subsidizing the poor section of the people. A classificat......rmore, under the impugned Rules, their inter se seniority, if appointed on the. same day, is to be determined on the basis of the year of their academic degree qualifying them for such appointment or according to the dates of their birth, whereas, their inter se seniority was already determined, und......3 of 1992) Md. Serajul Islam and others ......Respondents (In Civil Appeal No. 48 of 1992) Md. Nabinoor Islam Khan and anr …….Respondents (In Civil Appeal No. 49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Aso...... basis for the purpose of seniority i.e. from the date of the original appointment. The Gradation List dated 31 May 1989 was prepared on the basis of this Memorandum and this Memorandum was made into law, namely the impugned Rules, in consultation with the PSC. Respondents resisted the claim of the ..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......Panday, Advocate-on-Record -For the Appellant. Fazlul Karim, Sr. Advocate, instructed by Aftab Hossain, Advocate-on-Record -For the Respondent Nos. 7‑4. B. Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on-Record -For the Respondent No. 5. Cr......y and on that construction of section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in law in holding that the accused‑ respondents were not guilty under section 467 of the Penal C..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....o him purports to deprive him of a valuable right, for, it put in peril the finality of the decision in his favour and if he is precluded from questioning its propriety it would amount to a denial of justice. "It must, therefore, in common fairness be regarded", their Lordships said, "a tacit term o......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......st be filed for condonation of delay though approved by the Appellate Division stressed that it is a rule sanctioned by expediency and established by practice that a separate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the lear......tances of the case and thereafter satisfy itself as to its reasonableness before the delay is condoned. In these circumstances, the learned District Judge appears to have committed a serious error of law by admitting the appeal and staying the execution case." 5. Leave was granted to consider wh..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ion which overtakes strictly legal standards when a victim girl refuses to go with her parents, at times even after persuasion by the court itself. The court in such cases out of anxiety to do proper justice examines the victim and speaks to her as has been done in the present case. This practice is......istrate, Dhaka for giving the victim girl in his custody on the ground that she was a minor below 12 years of age. The learned Magistrate by an order passed on the same day i.e. 13.9.92 observed that according to the school certificate produced by the appellant the age of the victim was below 12 yea...... Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Advocate-on-Record-For the Appellant. M Shamsul Alam, Deputy Attorney- General, instructed by AW Mallik, Advocate-on-RecordÂ-For the Respondent No. 1. Abdul Ma......e on all the points raised at the time of granting leave. Nevertheless, it requires to be said that the High Court Division misdirected itself in deciding the matter by travelling beyond the relevant law as would be applicable for a decision as to the custody of a minor pending criminal proceedings ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... Regulation 22 the question of giving notice or a pre‑hearing does not arise. In such a case there is no scope for making any grievance on the ground of violation of the principle of natural justice either. In the instant case the Administrative Tribunal is found to have correctly applied ......he Board of Directors of the Bank, which had made the impugned order of termination was not properly constituted and the other is that the Appellate Tribunal misconstrued Regulation 12(ii), which, according to him, is itself violative of Article 27 of the Constitution of Bangladesh and also it i......Appellant Vs. Bangladesh Bank and others........ Respondents (In Civil Appeal No. 79 of 1992) Judgment July 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Maji......t within the Tribunal's jurisdiction by an Amendment made in 1984. Mr. TH Khan, learned Counsel for the applicant‑Bank, has tried to argue that the Administrative Tribunal Act being a special law, the provisions of section 14 of the Limitation Act for the purpose of computation of the peri..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ed 4-6-1994, though admitted that in the Master Plan the land in question was reserved for public Car Parking Centre and the same became a depot of garbage but refused to comply with the demand of justice notice stating that they have constructed many shopping complexes in the Dhaka City Area wi......teps; the respondent No. 3 on thorough investigation also found that if multi-storied shopping complex is constructed in the above space serious environmental hazard will be created in the area and accordingly by letter dated 12th June, 1990 requested the respondent No. 5 to cancel the above pro...... Public interest- Private interest The public interest which should be championed by agencies like respondent no. 1 i.e. Dhaka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and t...... 3. The respondent No.1 flied affidavit-in-opposition contending, inter alia, that since it has its own experts in the matter for construction of buildings within the Dhaka City Area and the law making authority expressly gave it power and authority to draw up a Master Plan for the City wh..Category: Environmental Law | Date: | Hits: 293
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....6 (six) years of the institution of the suit and plaintiffs did not come to court within the said period. This aspect having not been considered by the High Court Division there has been failure of justice. 7. We have heard the learned Advocate and perused the judgments of the courts belo......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......e-on-Record—For the Petitioners. Md. Nowab Ali, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 1141 of 2000. (From the judgment and order dated 6th June, 2000 passed by the......ssa alone on 20-10-1956 and thereafter defendant No.1 has exchanged and sold the lands with other defendants and they are in possession thereof for over 12 years and the suit is not maintainable in law in view of the fact that SA Record was prepared long before 6(six) years of filing of the suit..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... purchased 1,875 shares and Abdul Kader, respondent No.3 held 375 shares and Md. Chand Mia, respondent No. 4, held 1,875 shares. They are related to one other. The company was incorporated in 1980 according to the Articles of Association of the Company and was registered under the Companies Act,...... others.......................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share hol......tor. Besides, in view of section 110 of the Companies Act, 1994, the prayer for deletion of Article 38 of the Articles of Association is not required, it will be deemed to be so by operation of law. It also appears that there was all along an admission on behalf of the respondent Nos.1 to 3 ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... is not efficacious or adequate, and where the wrong complained of is so inextricably mixed up that the High Court Division may for the prevention of public injury and the vindication of public justice examine that complaint. It is needless to add that the High Court Division is to see that ......d Judge issued a certificate under Article 103(2)(a) of the Constitution to prefer appeal from the impugned Judgment and order passed by the High Court Division and accordingly, these appeals were preferred. 11. We have heard Mr. Rafiq-u......Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In his capacity as Executive Director of the Company and as the Printer, Publisher and Editor of the Daily Ittefaq while he was a Min......ication of name of respondent No.3, Mr. Anwar Hossain as printer and publisher on behalf of the petitioner No.2, Ittefaq Group or Publications Ltd. should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999 Rule Nisi ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... on 15-4-2004. The petitioner thereafter unsuccessfully moved the High Court Division which has summarily rejected an application under section 115(4) of the Code of Civil Procedure. The petitioner accordingly, moved this with this application. 5. Mr. AJ Mohammad Ali, the learned Counsel......t. Before punishing the plaintiff under this provision the Court should carefully consider the nature of defect of the plaint and if such defects are found curable, the plaintiff should be allowed to amend the plaint in course of due procedure and, in case of failure to do so, the Court has to p......n erred in refusing leave to file a revision from the rejection of the revisional application by the learned Additional District Judge because such a suit is misconceived and thus barred under the law. The learned Counsel further submitted that a suit for realisation of money being subject to sp..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... policy of expenditure and not necessarily covers the payment of debt as contemplated under clause (e) of Article 88 of the Constitution which is regulated under continuing statutory authority and accordingly the expenditure charged upon the Consolidated Fund under clause (e) of Article 88 read ......spondents Judgment July 25, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The word...... the High Court Division and obtained the Rule but the High Court Division, after hearing, discharged the Rule. 3. Leave was granted on the submissions that the High Court Division erred in law in interpreting Articles 84, 85, 88 and 90 of the Constitution, the provisions of Order XXI, r..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......llip; Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no......urt on due consideration of the evidence held that after reconveyance the original owner is in possession of the land. Since the appellate Court did not discuss the evidence as was required by the law while reversing the judgment of the trial Court the High Court Division scrutinised the evidenc..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ...... of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for pre-emption is not maintainable&hell......as made during the pendency of the Miscellaneous case for pre-emption and, as such, the reconveyance so made cannot defeat the right of pre-emptor to preempt the case land, that the proposition of law as laid down in the case of Md. Abbas Ali vs. Md. Osman Ali (minor) and others reported in 37 D..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......e Title Suit No. 43 of 1978 was filed plaintiff-respondents were not necessary parties because at the time of filing the suit title as regard the land of said Title Suit was with the Government and accordingly Government was impleaded as defendant in the said suit and the Government contested the......edure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the ......Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing of the petition for leave to appea..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......g with the provision of law the High Court Division rightly set aside the decree illegally passed by the learned District Judge and sent the case for retrial in accordance with law which has been, according to us, made for the benefit of the petitioner BSRS and so we are surprised to put on reco...... May 2, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the...... The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
.... if the premises is sold to anybody. The writ petitioner on receipt of the Impugned notice approached the RAJUK and tried to know about the sale by RAJUK and lastly, the petitioner served a demand of justice notice dated 26-7-2001 requesting them to withdraw the impugned notice but to no effect. ......and their tender was accepted by the Board, RAJUK thereafter. Issued a notice on 11-7-2001 to respondent No. 6 to pay the balance amount of Taka 1,51,00,200 through pay order and the respondent No. 6 accordingly paid the balance amount including VAT. So the RAJUK handed over possession to the respon......s before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissedâ......eld that the tenancy right of the petitioner was accepted and established and the tenancy right having not been terminated the petitioner cannot be evicted from the premises except in accordance with law. The High Court Division further held that the NAM conference to be held in Dhaka was cancelled,..Category: Tenancy Law | Date: | Hits: 67
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