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Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....after consideration of the whole issue agreed with the Ministry of Establishment that the Rules of 1981 relating to the nationalised colleges required amendment to remove anomaly and discriminatory provision. Accordingly, a draft Rules was prepared amending the Rules of 1981 and sent to the Mini......or the same. Secondly, he submitted with reference to sub-Article (2)(a)(i) of Article 102 of the Constitution, which seems to be his main submission, that the Government not being required by any law to give effect to Annexures “E” and “F” which are merely official commu..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....ted on 30-6-90; that the claim of respondent No. 1 was time-barred and the Administrative Tribunal could neither have admitted his application nor could decision be given in violation of the specific provisions of the statute. 5. Administrative Tribunal case was filed on 29-12-90. In this case, ......present appellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers which were necessary and essential for proper disposal of the case. Further, the Min..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....der whether the learned Single Judge of the High Court Division erred in law in holding that the two kabalas are not hit by section 23 of the Contract Act, whether he was right in holding that the provision of section 23 of the Contract Act has been wrongly invoked by the courts below, whether h...... report on 5 10-76 and the plaintiff and his wife were discharged from the criminal case on 18.10.76. Thereafter the plaintiff got possession of the suit land. The kabalas were executed without any lawful consideration during the pendency of a non-compoundable criminal case and for stifling a cri..Category: Property Law | Date: | Hits: 72
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......ion Parishad. 6. Mr. NH Khondaker, learned Advocate on Record appearing on behalf of the petitioner, has submitted that the learned Judge of the High Court Division has committed an error of law in making the Rule absolute relying upon the decision of this Division in the case of Md. Shaj..Category: Others | Date: | Hits: 98
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....s remedy. He has cited various decisions in support of all his submissions. 5. The fact that the petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There are provisions in the said Act its mitigating the rigour of the......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....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 ......e Settlement Court by making the Rule Nisi absolute. 2. Mr. TH Khan ,learned Counsel appearing for the petitioner sought to argue that the learned Judges of the High Court Division erred in law in holding that the petition under section 7 of the Abandoned Property Ordinance, 1985 was inco..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 ...... facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under section 203 CrPC properly or not, but the High Court Division prejudiced the appellant and erred in law by holding that the allegations made in the petition of complaint cannot be said to be prim fa..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 ......hen 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 present in that..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Order 1972. Respondent No. 1 was neither a te......90, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Order 1972. Respond..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....rishi Bank after completing 29 years service. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and there was Fund Regulations, 1961 was in force and there was no provision for any pension scheme. In 1979 Government approved pension scheme for retired employees ......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 ..Category: Employment/Service Law | Date: | Hits: 150
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
.... summary mentioned above can claim the protection of Article 58(2). but the reasonings given by the learned Third Judge are extremely flawed and in view of an uncertain interpretation of an important provision of the Constitution flowing from two learned Judges of the High Court Division this Court ......n 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 resolved in an abstract manner without the facts surfacing at the trial. A charg..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....hether the learned Judges of the High Court Division upon proper interpretation of the term “যাতায়াত ভাতা” as ‘travelling allowance’ legally declared that in view of the provision of section 2(8) (b) of the Ordinance the recommendation of the Board for such allowance wa......r the Minimum Wages Board to fix any such “travelling allowances” and as such the recommendation made by the Board for “travelling allowance” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the l..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....he same was not referred to and approved by the Syndicate or the appropriate authority of the Chittagong University before the order of expulsion was implemented. It was also argued that there was no provision either in the Chittagong University Act 1973 or any other Statute prescribing a disciplina......ein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 a..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 ......ss dated 27.7.94 in so far as it relates to invitation of tender for establishment of Cellular Mobile Telephone Service in major cities and areas of Bangladesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, r..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....a remedy provided in the statute in invocation of which the impugned order was passed. The Telegraph Act, 1885 does not provide for any appeal review against the order of cancellation of licence. The provision for arbitration is a term and condition of the licence and clause 18 of the Agreement prov......ems which were admittedly installed at the cost of BTL, no show cause notice was issued to BTL. As such the impugned order so far as it relates to these three communication systems was passed without lawful authority and the Rule was made absolute in respect thereof. But in respect of cellular radio..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
.... in the Second Court of Subordinate Judge, Sylhet for pre-emption of the suit land measuring. 1450 acre of Plot No.5699 Khatian No.34 17 of Mohalla Zinda Bazar within Sylhet Municipality under the provisions of the Mohammedan Law alleging, inter alia, that defendant Nos.2-9 who were owners of th......imed pre-emption only of a part of the immoveable property purchased by her i.e. only of the land excluding the structures thereon, they were not entitled to claim pre-emption under the Mohammedan law. 5. The learned Subordinate Judge by his judgment and decree dated 16.11.1985 decr..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....n the ground that the property was under the management of the receiver for a long period of time and that the appointment of the receiver is a discretionary power of the Court. 6. Under the provision of Order XL rule (I) of the Code of Civil Procedure the Court may appoint a receiver of a......riod of time. 5. Mr. Shafique Ahmed, learned Advocate appearing on behalf of the appellants, has contended that the learned Single Judge of the High Court Division has committed an error of law in appointing a receiver in the suit property on the ground that the property was under the man..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 ......nt case the Court was constituted by the Chairman and only one member, the High Court Division by the impugned order declared the judgment of the Court of Settlement as to have been passed without lawful authority. 5. The petitioners are aggrieved because the High Court Division ref..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....e building is not an abandoned building and has not vested in the Government under President’s Order No. 16 of 1972 or that his right or interest in the building has not been affected by the provisions of that Order. The onus, therefore, is squarely on the claimant of the building to prove......nbsp; 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 of the Court of Settlement in exercise of its power under Arti..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... the afore-quoted summing up of the law on the subject. 6. The new Act was not given a retrospective effect, but in spite of repeal of section 339D (Provision of revival of a stopped proceeding), provision was made in section 6 of the new Act for application of section 339D, as if it was not rep......with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lordship then was) in the case of Md. Aslam vs...Category: Criminal Law | Date: | Hits: 75
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