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Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......on. We think it will not be necessary because the High Court Division on second thought i.e. at the final hearing has itself realised that the appeal was not maintainable and, therefore, there was no question of granting ad-interim bail. It is to be observed that it would have been much wiser if the......l District Jail is the appellant in the present appeals by leave and also the petitioner in the connected leave petition. The matters relate to the custody of the said minor girl. 2. Briefly, the facts of the case are that the appellant as informant lodged a First Information Report with Nagorpu..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......Ps. And the Speaker also did not hesitate to make it public that the order of the High Court Division would not debar him from passing the ruling on the issue. Then the author-appellant raised the question whether the jurisdiction of the Court is wide enough to reach out to the Parliament and an...... stupidity and therefore, expressed his remorse in the following terms: “4. That I frankly confess I have foolishly and stupidly written the Article without even verifying the facts and realising the full impact and effect of the Article on the people: I regret..Category: Criminal Law | Date: | Hits: 75
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. ...... Judgment December 3, 1997. 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 o...... aforesaid owners to take possession of the lands in question on 11-1-89. Accordingly, the said owners took delivery of possession of the case lands on 11-1-89. 9. Upon misrepresentation of facts, the writ-petitioners managed to obtain an order of injunction which may be vacated. The mat..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ...... because the Tribunals of the facts upon considering all aspects including the rules referred to by the learned Judge, respectively held and upheld the re-counting of votes and the same being a question of fact was not amenable to interference in the revisional jurisdiction and that the prin......half of the appellant in the following terms: “The exercise made by the learned Judge of the High Court Division in revision was uncalled for because the Tribunals of the facts upon considering all aspects including the rules referred to by the learned Judge, respect..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... 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.......rt Division was not legally correct. Secondly, the High Court Division misinterpreted the law and the various judgments cited at the Bar and thus allowed itself to an erroneous decision. Thirdly, the question raised in this matter is of considerable public importance and should, therefore, be examin......e paragraph each was added in the respective suits, paragraph 14A in Title Suit No. 23 of 1993 and paragraph 20A in Title Suit No. 24 of 1993. The impugned decisions turned mainly on the basis of the facts stated in the said amended paragraphs. For the present purpose paragraph 14A may be noticed wh..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. ...... action for prosecution will arise under clause (c) of the proviso to section 138 on the failure of the appellant to pay the amount within 15 days of the receipt of the notice of the complainant. The question is, when did the appellant receive the notice and did he pay within 15 days of the receipt ......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. ..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. ...... inclusive of nowka ghat the High Court Division fell in error of law in holding that ferry ghat includes nowka ghat and erred in law in rejecting the writ petition in limine as a Rule on a similar question of law is pending in Writ Petition No.1236 of 1995. It is further contended that the petit......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. ..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. ......right of the petitioner under Articles 27 and 29 of the Constitution because of the impugned Circular and the Office Order as alleged. The High Court Division further found that since there was no question of violation of any fundamental right of the petitioner, the writ petition was not maintai......he 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 the mark sh..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... 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. ...... (under appeal to this Division) and held that in appointing, giving promotion, granting leave and taking disciplinary action against any Magistrate, including the Chief Metropolitan Magistrate in question, exercising judicial functions, the President is under a constitutional obligation to cons......ption can be taken to the exposition of the High Court Division insofar as the implication of the provisions of Article 116 of the Constitution is concerned and insofar as its applicability to the facts of the present case is concerned. He only submits that since in view of the fact that all suc..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... 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. ......e, has very candidly submitted that he found it difficult to support the judgment of the High Court Division as it is not in conformity with the previous judgments of the Appellate Division on the question of quashing proceeding under section 561A of the Code. The judgment of the High C......, entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of the case. (3) The story of re-marriage of accused- appellant No. 1 havin..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. ...... the High Court Division, Dhaka in Civil Revision No. 7343 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- The decision in this appeal turns upon the question whether any person other than a she bait can prosecute a suit as a next friend of the deit......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. ..Category: Family Law | Date: | Hits: 156
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. ......rar has been licensed……(14) ii) A right given under rule 10 the Muslim Marriages and Divorce (Registration) Rules, 1975, was taken away by subsequent amendment and as such the question of effecting vested right of the petitioner does not arise…………......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. ..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. ......ord and tenants relying upon Ext. 1, the firisti, set aside the judgment and decree of the lower appellate Court, made the Rule absolute and decreed the suit. 6. Leave was granted to consider the question whether the learned Single Judge of the High Court Division was wrong in relying upon the f......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. ..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. ......ed in the service of the Republic. No consideration was given that mere policy decision embodied in various circulars and memos cannot create a legal right in favour of the writ petitioners and the question whether the writ petitioners are Mujibnagar employees or not is a disputed question of fa......nt-petitioners have now preferred these petitions for leave to appeal from the various judgments of various Division Benches of the High Court Division in various writ petitions based on particular facts of each case involving the same issues of law. 5. Mahbubey Alam, learned Addit..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. ......malul Hossain, learned Counsel for the petitioner, submits that if a rule is applied bonafide then no exception can be taken, but if it is a malafide exercise of power revealed on discovery of new facts then the impugned orders ought to be reviewed. Exhibit ‘A’ shows, he submits, tha..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... permission of the authority the petitioner remained absent from his duty and further he could not substantiate by producing any material evidence that he was suffering from serious illness. In the facts of the present case although the tribunals below reinstated the petitioner in service, yet t..Category: Administrative Law | Date: | Hits: 144
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. ......t can only pass possession to the defendant, namely, the use of the land not beyond. This decision has no application as no provision of Public Servant’s (Retirement) Act, 1974 was called in question and the special arrangement being not a law cannot be said to be illegal and unconstitutio......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. ..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....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. ......o availability of post and that the matter does not fall within the jurisdiction of the Administrative Tribunal. 5. The Administrative Tribunal dismissed the application observing that the question of re employment was absolutely a matter within the discretion of the bank authority and ......saction and the application for re-employment is, in fact, a new application for fresh employment, not in continuity with old employment, but as a fresh recruit. In the background of these admitted facts, we are to consider whether the Administrative Tribunal had jurisdiction to entertain this a..Category: Administrative Law | Date: | Hits: 148
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
....... In that suit the trial Court by an order dated 11-3-95 stayed the Execution Case and also stayed the issuance of the sale certificate in favour of the auction-purchaser- respondent.
4. The only question is, whether by filing Title Suit No. 68 of 1992, when respondent Nos. 3- 17 and the petitio...... present petitioner. Hence, the learned Judges of the High Court Division correctly held that the order of stay granted till disposal of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Repor..
Category: Property Law | Date: | Hits: 85
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......iately transferred on 2-2-95 because he took active part in sending the said representation. 3. The respondent-appellants contended in their affidavit-in-opposition that the Notification in question is not applicable to the 3rd and 4th class employees working in the Registration Departme......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
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