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Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......n in Writ Petition No. 162 of 1985 striking down an order of derequisition. 2. Respondent No. 1, M/s Commercial Trust of Bangladesh, a Private Limited Company, filed that writ petition calling in question, the memo dated June 4, 1985 of the Ministry of Land Administration and Land Reforms uphold......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......oth the appeals, Nos. 81 of 1991 and 85 of 1991, preferred by the respective appellants. The present appeals have been heard together since the contentions raised therein veer round the same and only question as to the powers of the Tribunal under the Administrative Tribunals Act, 1980 (Act No. VII ......dify the order of punishment which was passed by the proper authority in the exercise of its discretion vested in it by law. Secondly, even if it had such power, was the modification justified in the facts and circumstances of the present case? 7. Mr. Asrarul Hossain, learned counsel for the appe..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....eir respective Code of Criminal Procedure. 7. If we examine section, 439 and 439A (in India respectively sections 401 and 399) of the Code of these three countries, we find that they are not identical and there are substantial differences in them. 8. Chapter XXXII of the Code (of B...... (4) of section 439, the High Court Division had been expressly prohibited from entertaining any proceedings in revision in respect of an order passed by the Sessions Judge under section 439A. The question is whether, after the insertion of section 439A and the amendment of section 439A, the Hig......ee that it does not transgress itself into the field preserved by the Constitution for any other organ of the State. This responsibility of the Supreme Court is of highest importance in view of the facts that the Constitution makers gave this responsibility alone to the Supreme Court, a non poli..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... 2054 of 1993). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code of Crimina......rther investigation, to direct the police to submit charge‑sheet as well. 3. The learned Judges of the High Court Division in the impugned judgment did not say a single word about the facts or merit of the case, but suo motu examined the question of maintainability only of the appli..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......al for the alleged purpose of acquisition and that there was sufficient vacant space in the Madrassa premises as well as in the adjoining area which could be acquired for extension of the Madrassa in question. By an order dated June 6, 1985 the respondents were informed that the Government decided n......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, at least on facts of this case, to aw...... 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, at least on facts of this case, to award interest for the period prior to the institution of the suit. Mr. Asrar..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... at their own cost which was not adjusted by the landlord. According to the trial Court, the defendant in both the cases "should get the benefit of the abnormal circumstances of the period in question". 2. Leave was grated to consider whether in view of the finding of the trial ......5) of section 18 of the Ordinance the following observation has been made: "It is true that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of waiver or acquiescence or such supervening facts and..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......on was done on correct principles. 4. So far as the case of Mosharraf Hossain is concerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or national economy is involved, the rule of ba......onomy is involved, the rule of balance of convenience is to refuse the prayer for temporary injunction. The relevance of this decision, though of importance, is not attracted to the distinguishing facts of this case. 5. Mr. Miah A Gafur, learned Advocate‑on Record, of co..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......ts. But then he came in writ to complain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the...... Court Division ought to have decided the case on the principle: 'Allegans contraria non est audiendus', which means, he is not to be heard who alleges things contradictory to each other. Now the facts of the case may be noticed in details. Respondents No. 1 in his writ petition No.1990, inter a..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... under the Commission of Enquiry Act, 1956 for an enquiry into the circumstances leading to the heavy damage to aircraft and vessels based at Chittagong during the cyclone of April 29, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause of d...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...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 ......nly passed a consent order on the basis of some calculations based on a table furnished by the petitioner‑Sangstha at the time of hearing and without proving the same. Without going into the question whether the order of this Court was a consent order or not, it stares us in the ‑fac...... be used to determine the extent of the respondents' liability and was thus to be left out of consideration. 6. In allowing the respondents' appeals in part this Court found however from the facts and circumstances that "in spite of frantic efforts the appellant (respondent herein) ha..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....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 ......however accepted the Government's contention that the petitioner's appointment was rightly cancelled in terms of the contract to which he was a party and dismissed the writ petition. 4. The question now raised before us by the petitioner's learned Advocate is of much greater significance ......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 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......30, were constituted with effect from 1 September, 1980. The three Cadres of the Engineering Service, as mentioned above, are among those 30 Cadres. The BCS composition and Cadre Rules, 1980 left the question of seniority to be determined in due course. That is why the Government, on the recommendat......nter se seniority was already determined, under the then rules in force, in order of merit assigned by the Public Service Commission while making the recommendation for appointment. 2. Most of the facts are common to all these Writ Petitions and, as such, facts of each and every Petition need not..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 ...... as she was under the control and influence of the other accused persons and had no independent will of her own in the matter. 4. In the appeal before the High Court Division the finding of facts arrived at by the trial Court was not seriously challenged but it was contended that even if ..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....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. ......rred appeal was apparently bad but the learned Judge of the High Court Division instead of setting aside the same altogether could have maintained it with a rider, following the above dicta, that the question of limitation would be decided at the hearing of the appeal…………………………(1......udge, Dhaka in Title Appeal No. 218 of 1992 admitting the same and staying all further proceedings of Title Execution Case No. 33 of 1987 of the 3rd Court of Subordinate Judge, Dhaka. 2. Material facts of the case are, that the appellants were defendants in a suit for specific performance of con..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ssions Judge on the basis of such application, (2) that the learned Judges misdirected themselves in relying upon the provisions of Muslim Personal Law regarding attainment of majority while deciding question of custody of an alleged minor girl pending criminal proceeding under sections 363/366A of ......uld also vindicate the father's injured pride (who was a school teacher) maintaining that he was not telling a lie when he had been saying all along that his daughter was a minor. 4. To recall the facts of the case a little closely leading to this appeal, the appellant lodged an FIR with Demra PS..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......50 of 1991 before the Administrative Tribunal. The application was to be filed within six months from the date of the impugned order of termination but it was filed about one year thereafter. This question was raised before the Tribunal, which, however, rejected the Bank's objection on the groun......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......a member of central reorganising committee of Jatiya Samajtantric Dal (JSD) having its office at 35-36, Bangabandhu Avenue, (3rd Floor), PS Motijheel, Dhaka filed the above writ petition calling in question the unauthorised construction of a multi-storied shopping complex in the name of "Ud......ng of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ petition being disputed question of facts cannot be decided in writ jurisdiction. 4. The respondent No. 5 also filed an affida..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......nying the title of Karuna Moyee Dasi the real owner and the defendants failed to prove their possession in the land in suit. The appellate Court while reversing the finding of the trial Court as to question of limitation has observed that the suit is for declaration of title and confirmation of p...... by adverse possession is not well founded and that decisions on which the plaintiff placed reliance in support of his case of adverse possession on the basis of void document has no bearing on the facts and circumstances of the instant case and because of the fact stated hereinabove. The High Co..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......esentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a question of fact and as no such fact has been proved the High Court Division rightly found that the......eek leave to appeal against the judgment and order dated 5-11-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 5326 of 2000 making the Rule absolute. 2. The facts leading to the leave petition are that the preemptor respondents initiated a preemption proce..Category: Property Law | Date: | Hits: 68
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