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Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......e public works department be de-requisitioned in favour of the original owners on realisation of compensation money received by them, if any. The said decision cancelled all previous decisions and accordingly the lands in question have been de requisitioned in favour of the persons who had recei...... The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Divisi......e restrained from disturbing the possession of the present petitioners in the suit land and if any party has got any claim over the property, the same will be resolved in the appropriate Court of law. Unless and until the matter is resolved by the appropriate Court with regard to title and p..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....ntampered and intact with all sanctity before the Election Tribunal for recounting of votes. 8. It is now well-settled that in an appropriate case the Election Tribunal in the interest of justice may recount ballot papers for proper resolution of an election dispute. But in order to mak......evidence on record which has occasioned in a total failure of justice. For the reasons mentioned above, we do not find any illegality in the impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case ......on 29(4) The Code of Civil Procedure, 1908 (V of 1908), Section 115(1) (i) Ordinarily in exercise of revisional authority under section 115 CPC the revisional Court is not empowered to interfere with the finding of fact arrived at by the subordinate Court or Tribunal upon re-appre......ening the election materials for recounting of ballot papers the Election Tribunal is to satisfy itself positively that those materials had been preserved by the proper authority in accordance with law and the same has also been found intact under proper seal and cover……..(9) ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 subsequent act of defendants are illegal and violation of natural justice, the defendant Nos. 1,2 and 3 fraudulently in connivance with each other to grab the valuabl...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not enterta......stance of the defendant BSRS.” 7. Leave was granted to consider the submission of the appellant that when taking over of management and sale of the property without intervention of the Court of law has been challenged in the suit the plaint should have been rejected since Article 34 of the Pre..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... Judgment February 3, 1999. The Negotiable Instruments (Amendment) Act, 1994 (XIX of 1994), Sections 138 & 141 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A In order to make a person liable under section 138 of the Act the payee has to comply with the requirements u......the payee has to comply with the requirements under that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action aris..Category: Business or Commercial Law | Date: | Hits: 145
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ...... The Ferries Act, 1885 (I of 1885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy the court that he ......B S. Prior to this order earlier also respondent No.2 gave ijara of the ghat to others for the year 1401 BS and on the protest of the local people the order was not acted upon. It is stated that no law exists to give ijara of any nowka ghat in the Bengal Ferries Act, 1885 which only provides for..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......e Constitution of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tr......ager by the promotion committee. It was denied that there was any violation of any fundamental right as alleged. 5. The High Court Division upon a consideration of the relevant provision of law and facts of the case observed as follows: Thus from overall consideration of th..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er alia, observed that personal guarantee is a very weak and uncertain security which should be avoided in the best interest of public revenue. 5. In the present case, we think the ends of justice will be sufficiently met if the impugned order is modified by substituting the personal gua......urnish bank guarantee for the whole amount of the difference if it wants to clear the goods in terms of the interim order on payment of duty at the rate of 7.5%. The impugned order stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. ......dhury J AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. ......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... appointments and past and closed transactions are validated by this Division then it will result in a public mischief and in a disaster of unimaginable proportion in the administration of criminal justice. We have therefore no hesitation in acceding to the prayer of the learned Attorney-General...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......d others………………..Respondents Judgment June 16, 1999. The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicate....... Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 BS as to why such holding of office should not be declared to be illegal and without lawful authority. 2. The pillar of the writ petitioner respondent’s writ petition was..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... is now well-settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure the ends of justice. In several pronouncements, both the High Court Division and the Appellate Division had cle...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......s Judgment December 6, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition o......d Advocate for the accused-appellants: (1) The learned Judges of the High Court Division without entering into the merit of the case at all wrongly laid down a general proposition of law that before exhausting the remedies provided under section 265C or 241A of the Code of Crimi..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......rs …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any int......epresenting the deity, a third party is competent to institute a suit in the name of the deity to protect the debutter property.” He further said: “As I understand the law, the person entitled to act next friend is not limited to the members of the family or worshipe..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ...... ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 774 of 1997. (From the Judgment and order dated 11th May 1997 passed by the H......n remand to the trial Court “for affording an opportunity to the plaintiffs to bring the ejmali properties left by Gunu Mia into hotchpotch and then to dispose of the suit in accordance with law.” 5. One of the plaintiffs now seeks leave from the said order of the High Court ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ...... The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a N......risdiction of the petitioner as the Government is empowered to curtail the limit of the area for which a Nikah Registrar has been licensed. Respondent No. 1 further asserted that the Government has lawfully appointed respondent Nos. 4 and 5 as Nikah Registrars by curtailing the area by operation ..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: ......and not whether the plaintiffs or the defendants have title to the demised premises. 10. The learned Single Judge of the High Court Division, following the trial Court, committed serious error of law in relying upon Ext. 1, a certified copy of the firisti, because a firisti is no evidence of the..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... and 29 of the Constitution for getting appointment as others of the list……………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (B Hossain, Deputy Attorney-General and Bazlur Rahman (Chhana) Assistant Attorney-Ge......s 27 & 29 If some persons out of a list of persons appointed in the service of the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental righ..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......p;…(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney General, (Bazlur Rahman Chhana, Assistant Attorney General with him), instructed by Md. Nawa......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
....hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......ustafa Kamal J
Latifur Rahman J
Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner
Vs.
Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ……….Respondents
Judgment
January 13, 1993.
Result:......efence Service Estimate, but is not subject to the Army Act, 1952, the Bangladesh Navy Ordinance, 1961 and the Bangladesh Air Force Act, 1953. The Administrative Appellate Tribunal therefore erred in law in finding that the petitioner’s case was not maintainable under section 4(3) of the Administr..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......mp; 5). Lawyers Involved: B Hossain, Advocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the H......ent having not been concluded within the period of 2 years with effect from 20-1-87, it was held without jurisdiction and in consequence thereof the conviction of the accused is not sustainable in law and that on merit the prosecution also could not prove the charges beyond all reasonable doubt...Category: Criminal Law | Date: | Hits: 59
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......aving accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary relief, rightly refused to exercise their discretion in favour of the petitioner as it is unconscionable to blow hot and co......e post of Senior Traveling Ticket Examiner. Both the petitioners challenged the retirement scheme and confirming the retirement of the petitioners before the High Court Division as void any without lawful authority and are of no legal effect. 3. The cases of the petitioners in a nutshell..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....tion of the Bank. Leave was also granted to consider whether the Administrative Appellate Tribunal has reversed the judgment of the tribunal on irrelevant consideration resulting in miscarriage of justice. 8. It is not disputed before us by the respondent that on his own seeking and also......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a government servant, Rule 389 BSRS Part I provides that there is no bar to the re-employment o......nt Bank refusing re-employment of the respondent was arbitrary, illegal and improper. 7. Leave was granted to consider whether the Appellate Administrative Tribunal upon a misconception of law erroneously held that the application of the respondent was maintainable under section 4(2) of ..Category: Administrative Law | Date: | Hits: 148
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......nbsp; August 17, 1998. The Arms Act, 1878 (XI of 1878) Section 19(a) & 19(f) Arms and ammunitions recovered from one of the few accuseds and when all of them were together revolver shots fired and cocktails hurled from amongst those accuseds thus law will prescr...... 19(a) & 19(f) Arms and ammunitions recovered from one of the few accuseds and when all of them were together revolver shots fired and cocktails hurled from amongst those accuseds thus law will prescribe joint possession of the arms under sections 19(a) and 19(f) of the Arms Act&hell..Category: Criminal Law | Date: | Hits: 54
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