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Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... 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. ......ontention of the learned Advocate for the respondent is that approval of the Secretary of the concerned Ministry and State Minister of the Ministry were obtained but in our view the requirement of law is that the appellant's removal from service is to be made by the appointing authority, that is..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... trial Court that the Sale‑deeds are forged documents. The Handwriting Expert did not appear as a witness, though summoned. Nevertheless, his report was admitted in evidence under an amended provision of section 500 Cr.P.C. We shall examine the opinions of these experts now. 7. PW 6......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)
....11, 59 and 60. Article 7(2) of the Constitution proclaims the supremacy of the Constitution" as the solemn expression of the people's will" and provides that if any other law is inconsistent with any provision of this Constitution, then that other law shall, to the extent of the inconsistency be voi......h Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the matter is of public importance involving a substantial question of law as to the interpretation of the Constitution. 2. Upazila Parishads, formerly named Thana ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
.... allowed its application by the impugned judgment and order as already referred to above. 6. Leave was granted to consider whether the High Court Division failed to appreciate correctly the provisions of section 24 of the Banking Companies Ordinance, 1962 (Ordinance LVII of 1962) and thos...... maintainable inasmuch as a Company cannot hypothecate/mortgage/use as security its own shares. 5. The learned Judge of the High Court Division upon a consideration of the various points of law as raised by the parties decided in favour of the respondent Bank and accordingly allowed its a..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....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. ......n the suit for mesne profits between the same parties in respect of the same properties. The suit for mesne profits was limited to the determination of damages the plaintiffs are entitled to in law from the defendants till the day when some of the plots were delivered by Court in execution, ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....then, such discretion can hardly be interfered with. But in this case the High Court Division did not apply properly their mind to law and facts of the case and it misconceived the whole matter as to provisions of Article 52 wrongly holding the opinion that Chancellor's decision on the appeal is dep......f 1991 respectively). Judgment Shahabuddin Ahmed CJ.- In both these appeals by special leaves, the only question for consideration is whether the High Court Division is well founded in law in rejecting the contention of the appellants that the two writ petitions filed against them by ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... may also refer to the case of Haricharan Mancharan Vs. Govind Luximan Goshall reported in AIR 1923 Privy Council 47, wherein it was held that whether the agreement is a completed bargain or merely a provisional arrangement depends on the intention of the parties as deducible from the language used ......of the drawing up of a formal written contract. Hence, I find it difficult to accept the contention of the learned Advocate for the respondent that the decision of the 87th meeting was ineffective in law because in the formal written contract there was no mention of the quantum of earth to be cut by..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....both the two appeals. They have been heard together and will be disposed of by this common judgment. 2. Pursuant to his application dated 21.9.77 respondent No. 4 Md. Abdul Matin was given a provisional allotment of more or less 10 kathas of land at Gulshan Model Town, Dhaka by the then Dh...... Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indication in the certificate as to the nature of the substantial question of law as to the interpretation of the Constitution. In the present case no constitutional point was a..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the High Court Division was well‑founded in law and fact in arriving at this decision. 3. The Prosecution case centres round the death ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....the right of a monthly tenant being not heritable the appellants cannot claim to have inherited the interest of 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 J...... this Court in the case of Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1, to the effect that monthly tenancy is heritable; the judgment of the High Court Division is not sustainable in law and should be set aside. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellant..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....rtial Law Regulation the same was not protected just because the president of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division w......dent of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division while declaring the order of termination to have been passed without la..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....ppears, inter alia, that Momtaz Ali (Pre‑emptee) was minor in 1962, that Momtaz Ali and Swapan Kumar were persons of two different communities, that Swapan Kumar's father made statement under provisions of PO 96 of 1972 to the effect that the case land belonged to Swapan Kumar and his famil......deed dated 13.3.74 is a transfer deed. The lower appellate Court's findings on fact were not at all adverted to by the learned Single Judge of the High Court Division on an erroneous view of law as enunciated in 36 DLR (AD) 1, and failed to determine the nature and character of the docume..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....fact were examined in his presence though their statements were not recorded. Mr. Khalilur Rahman has pointed out that the authorities after considering the report of enquiry dated 3.7.88 came to a provisional finding against him and served a second show‑cause notice dated 26.6.89 (Annexur......e. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) 41, an employee of a statutory Corporation cannot be dealt with under the master and servant law. The principle of natural justice envisages that none should be condemned unheard and that a p..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....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. ......ng among themselves. The accused then went away, but at about 8‑00 AM they came back from their homes. After seeing Abul Hossain @ Abul the accused cried out "catch that brother-in-law", and taking baitha and lathi from the along chased him. Abul Hossain was caught by the ac..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ction 2(h) of this Act, any person employed in such an establishment to do "managerial or administrative" functions falls into the class called “employer". In the corresponding provision of the Industrial Relations Ordinance, 1969, worker/ workman has been defined in almost ......le ground to interfere under section 115 CPC…… But the present position of section 115 has undergone a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... Hence the claim for Tk. 7,00,000.00 in the frame of the present suit cannot be allowed. 34. The plaintiff‑appellant next contends that the High Court Division committed wrong in law in m,, allowing interest on the decretal amount. 35. We do not propose to award an..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......t land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new transferees of the suit land are unlawfully creating disturbance in the peaceful possession of the suit property by the lessee and that..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... Court Division in revision first, and thereafter realizing that appeal lies before the District Judge filed Miscellaneous Appeal No. 22 of 1989 with a prayer for condonation of delay. The appeal was provisionally admitted by the District Judge Habiganj and all further proceedings of the execution c......leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal are that appellants and the respo..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
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