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State Vs. MA Malik, 1995, 24 CLC (AD)
....ber of Parliament from Fenchuganj constituency and is a labour leader in Fenchuganj Fertilizer Factory; that he is a very influential person having his permanent residence at Sylhet town and having good relationship and intimacy with the Deputy Commissioner. Because of such intimacy the responden......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....t incorporated in the body of the bills of lading, the experienced consignee, the plaintiff, has the obligation to take all precautions to inquire and comply with all the conditions of carriage of goods by Sea. He has however failed to substantiate his submission by citing any decision in this r......p; Mustafa Kamal J : The petitioner describing itself as defendant No.3 as a party interested in Admiralty Suit No.20 of 1994 filed an application on 31.8.94 for recording the right or lien exercised by it on the cargo on board MV. Global Traders, which having ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ea out of the said 300 bighas was already consumed admittedly by a 300‑ft wide public road? This is one of tile many reasons why the impugned order was passed canceling the earlier order. This is a good reason for which private interest must yield to public interest. There was no scope for the Hig......Chairman, RAJUK and the Secretary of the Government department, respondent Nos. 3 and 4. But it seems that the said ground was not pressed in the High Court Division. There is no tangible material on record to infer any mala fide on the part of the officials as alleged. It is, on the other hand, fou......s, park, internal roads (some as large as 40 feet wide), shopping centre, Community Centre, Commercial area, etc. How can it be said that the Kartripakkha was offering a better and more comprehensive service within easy access to the appellant's allottees within the layout area? The word 'public int..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....ellant and the Upazila Chairman, co‑accused Ahmedul Huq, to take delivery of 395 bundles of CI sheets and prepare a Priority List of deserving persons and institutions for quick distribution of the goods; the appellant and the accused Chairman authorised their representative, accused No. 3 Ekrarmu......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ...... Court. In the absence of any opposition to the reports of the Advocate Commissioners those were accepted by the trial Court by Order No. 38 dated 24.11.90. Those reports are therefore part of the records of the trial Court and these reports unmistakably show that the defendants had received no......ssed by the trial Court in which it was stated that the notice to show cause and to maintain status quo upon defendant Nos. 1‑5 had been returned to‑day (i.e. on 28.10.90) after proper service upon them. This order however does not help the appellants as it only shows that the writ ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....s modified and done away with by Articles 62 and 134 of the Constitution of Bangladesh, so the pleasure doctrine of the President under Article 134 of the Constitution of Bangladesh no longer holds good in respect of the appellant who is governed by Article 62 of the Constitution and the laws ma......er section 16 and rule 12 of the Army Act and the Rules respectively. On the basis of that order the appellant was released on 1 August 1983. On 17 August 1983 his name was struck out from the army records. The appellant submitted representations against the aforesaid orders. Ultimately the order......nbsp; MH Rahman J: The appellant was commissioned on 1 April 1954 in the Army Medical Corps. He got the substantive rank of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... we have already noticed, is an involuntary one thrust upon the appellant because of a technical failure to effect service of summons and notices upon defendant No.5. The filing of the second suit is good enough punishment for the plaintiff for his lapses in the earlier Suit, but to disallow him to ......nd Court of Subordinate Judge, Sylhet and for analogous hearing of the two title suits, which gave rise to Miscellaneous Case No.17 of 1991 registering which the learned District Judge called for the records of both the suits and upon the prayer of the appellant passed an order of temporary injuncti......erstand and comprehend the nature and connection of the two suits. The later suit, as we have already noticed, is an involuntary one thrust upon the appellant because of a technical failure to effect service of summons and notices upon defendant No.5. The filing of the second suit is good enough pun..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......iry to Mr. Selim Reza, Magistrate, 2nd Class. After examining 5 witnesses Mr. Selim Reza submitted a report on 31-3-90 stating that he found a prima facie case against the respondent and returned the record to the Upazila Magistrate. 6. It is at this stage that the respondent filed Criminal Revis......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......bsequently purchased the same by two registered kabalas dated 7 April 1979. 5. The Small Cause Court Judge, on consideration of the facts and circumstances of the case and the material evidence on record, found that the defendant was a tenant under the plaintiff having been inducted into the prem...... of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of rents till the defendant started defaulting in payment of rents necessitating service of notice under section 106 of the Transfer of Property Act on the defendant on 10 October 1..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......or his misbehaviour and misdemeanour with the employees of the corporation. 5. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the findings that the impugned order of termination was malafide as it was made not......artmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverted to the Corporation as Secretary. On the same day, at the instance of the Minister, his services were terminated under Regulation 12(a) of the Bangladesh Shipping Corporation (Service) R..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....toms dated 14-6-1990 which was in force on the date of opening of the letter of credit. The writ-petitioner received bill of lading dated 20-11-91 and invoice dated 19-11-91. The ship carrying the goods from Singapore arrived at the Chittagong Port on 30-11-1991. The writ-petitioner approached...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......ls before us for hearing. Mr. SR Pal, learned Advocate for the writ-petitioner-respondents, very fairly submitted that the Government may be allowed to file petitions of appeal to keep the record straight and also because it was at the instance of the learned Attorney-General that the Hi......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......reason for cancellation of the sanctioned plan and direction to demolish the building have been given without any statutory basis. 5. The respondents have not entered appearance in spite of service of notice. 6. Heard Mr. Shamsul Haque Siddique, learned Advocate-on-Record for the a..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......dure”, that is to say, on discovery of new and important matter or evidence which was not known or could not be produced before, (ii) on account of some mistake or error apparent on the face of the record, or (iii) for any other sufficient reason. Consistently with the principle that there is to b...... appreciation of the plaintiffs case (and of the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs’ land was illegal for want of proper service of notices as required under the law. Accordingly, leave was granted to consider whether..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
..... Cases vary, situations vary and the scale and parameter of complete justice also vary. Sometimes it may be justice according to law, sometimes it may be justice according to fairness, equity and good conscience, sometimes it may be in the nature of arbitration, sometimes it may be justice temp......ployees as per commitment and declaration of the Establishment Division be re-appointed in vacant re-organised Taxes Appellate Tribunal and relevant offices, after proper scrutiny of their service record, and be appointed before any new staff is taken in from outside, keeping the door open for t......e total work force to an additional 1110 employees. On 7.12.91 all the writ petitioners were informed by a notice from the Taxes Appellate Tribunal that there was n possibility of continuing their services beyond 14-1-92 (Annexure B). Though their posts were abolished due to abolition of tempora..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
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