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Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... 2. Leave was granted to the petitioner appellants, inter alia, to consider the appellants submission that the appeal before the Division Bench was incompetent. 3. On this all important question o elaborate arguments were advanced by Dr. M. Zahir, learned Counsel for the appellants a......bmissions on this point. 4. Facts of the case have receded into the background because of the preponderance of the question of law involved in this case, but since all decisions are based on facts, a short recounting of the facts will necessary question of law involved in this case, but si..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......sation of the Bhola College AKM Saidur Rahman had a. longer period of service than the respondent. The former was in active service on 7-5-1979 while the respondent was under suspension and so the question of serving under the respondent on the date of nationalisation does not arise. On January ......sion should not interfere with the impugned judgment because the review petition has been rightly rejected on merit as there was no reasonable ground for review and the High Court Division, in the facts and circumstances of the case, had rightly and justly passed the impugned direction upon the ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......nd others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Ser......ed in the paper book, found it difficult to controvert the submission of the learned Advocate for the appellant. He, however, submitted that the respondent should get an opportunity to controvert the facts and law now raised for the first time by the appellant and the matter may be remanded to the T..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......1916 (Patna) 284 and whether he erred in law in deciding the case on a wrong interpretation of section 23 of the Contract Act, matters which are of great public importance. 6. The moot question for decision in this appeal is, whether the two kabalas executed by the appellant and regi......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......tion is that the plaintiff’s suit was also not maintainable for want of cause of action as the Bank in the impugned order of termination had expressly allowed him all his termination benefits. This question being related to the merit of the suit cannot be reopened at this stage, because the leave ...... the benefits specified in section 19 of the Act. Thus the argument of Dr. Rahman that section 25 stands as a bar to a civil suit against an order of termination simpliciter is not acceptable, in the facts and circumstances of the case. 8. Dr. Rahman’s next contention is that the plaintiff’s ..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......haka by the respondent in ‘Ka’ list of the Abandoned Buildings as valid and legal. 2. Case of the petitioner, in brief, is that, the original lessee Mobina Khatun of the house in question died on 4.2.72 leaving behind Nasima Khatun, the only daughter as her heir who on Septembe......that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Division upon taking into consideration of such clear finding of facts of the Court of Settlement refused rightly to interfere with the judgment of that court upon ..Category: Property Law | Date: | Hits: 48
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....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. ......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. ...... Court Division further held that the petitioner is not without any remedy as the Customs Act provides for appeal, revision, etc which the petitioner can avail of by producing evidence on disputed facts. 4. Mr. Md. Abdul Aziz, learned Advocate for the petitioner, has assailed the judgment..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 ...... aside the judgment and order passed on October 27, 1992 by the First Court of Settlement, Dhaka in Case No. 318 of 1988 (Ka-238-Sec. 6, Mirpur, Dhaka) whereby the said Court declared the house in question as not an abandoned property and directed restoration of possession thereof to the petitio......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 ..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 ......the Chief Metropolitan Magistrate to take cognizance of the offence and to issue process in accordance with section 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate......ate to take cognizance of the offence and to issue process in accordance with section 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under se..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 ......to be made when 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 pres......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 ..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......at the impugned judgment is contrary to the decision of the Appellate Division in Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1 wherein it is held that malafide is a question of fact and where malafide is alleged in the plaint a petition for rejection of the plaint......ered the plaint of the suit ………….We have considered the materials on record and found that prima facie the plaint does not disclose any element of malafide. Rather the facts of the case show that the Bank defendant No.1 acted bonafide and on several occasions the ..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....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 ......t was not challenged in the Bank’s written statement. Because of its failure to consider the pleadings of the parties in juxtaposition the Appellate Tribunal misdirected itself to ask a wrong question and ultimately it gave a wrong decision. For the reasons stated above the judgment ......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)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......f the trial Court while framing charge or the Court exercising jurisdiction 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 resolv......Third Single Judge who by his judgment and order dated 9.5.95 discharged the Rule. The petitioner has preferred this petition for leave to appeal from the last judgment referred to above. 2. Short facts necessary for disposal of the petition are, that on 9.5.91 Mr. Md. Ataur Rahman, on Officer of..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......ion in Writ Petition No.674 of 1987 and eight others which were heard analogously and disposed of by a common judgment. Different cinema halls moved those Writ Petitions and obtained Rules calling in question the acceptance by the appellant the award given by the Minimum Wages Board (hereinafter ref......espective of their rank and status as a part of the fringe benefit along with the house rent and medical allowances, which has been accepted by the appellant by the impugned notification. Thus in the facts and circumstances of the case the said “যাতায়াত ভাতা” cannot be trea..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......ition that at about 3-00 AM on 1710.1993 he had left Chittagong for Cox’s Bazar where his father was serving and residing. He stayed there upto 21.10.1993 and, as such, he claimed that there was no question of his involvement in the alleged incident. 10. In the affidavit-in-opposition filed on......y referred to above. 13. The Principal, appellant No. 1, in his affidavit-in-opposition denied the allegations made by the respondents and tried to defend the order of expulsion narrating all the facts briefly that transpired in the meetings of the different administrative bodies of the College ..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 ......of the parties and to imply terms in accord with such intention to give business efficacy to the licence, a function which the Court can and ought to perform. The High Court Division asked a wrong question relating to extension of the period of exclusive operation in the licence and thus arrived......aw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts of the case are, that respondent No. 1, Bangladesh Telegraph and Telephone Board, shortly BT..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......erms and conditions of the licence itself. Therefore in the facts of the present case the writ petition cannot be resisted on the ground cancellation of a commercial contract. 17. Mr. TH Khan has questioned the locus standi of Mr. AKM Mainul Haque to prefer the writ petition on behalf of BTL and......the agreement merged into licence its terms and conditions no longer remained the terms and conditions of a commercial contract became the terms and conditions of the licence itself. Therefore in the facts of the present case the writ petition cannot be resisted on the ground cancellation of a comme..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan Law. The only question for consideration in this appeal is whether the learned Judge of the High Court Division w......n upon setting aside the concurrent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohib..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... of the suit property and there was no receiver nor the respondents ever prayed for appointment of a receiver for a period of about 18 years till the Suit was decreed ex parte on 27.8.1974. In the facts and circumstances of the case the order of appointment of a receiver of the property in suit ..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 ...... (Supplementary Provisions) Ordinance, 1985 (No. LIV of 1985). 4. The Court of Settlement dismissed the case by its judgment dated 12th August, 1987 after holding that the building in question was an abandoned property. As the Court of Settlement was to be constituted with the Chair......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 ..Category: Property Law | Date: | Hits: 53
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