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Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......l of this petition are that, added respondent No. 9 Mosharraf Hossain Darji lodged an FIR on 7-3-95 alleging that at about 7-00 AM on the same date the petitioner along with others by forming an unlawful assembly armed with deadly weapons attacked his brother Ishaque Darji causing bleeding injur..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....Martial Law. On the same day, the Constitution (Final Revival) Order, 1986 (Chief Martial Law Administrator’s Order No. VIII of 1986) was passed by which all conditions imposed upon any provision of the Constitution revived earlier were removed. The relevant provision of the said Ord......rds, the assumption was that with the abatement of the writ petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connec..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... and cancellation of the letter issued on 5-2-95 which ultimately led the petitioner to institute the suit. The learned Counsel submitted that the learned Judge of the High Court Division erred in law in granting the impugned order of stay and has virtually decided the merit of the case. i.e., t..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....e learned Advocate further submitted that the Administrative Tribunal by virtue of its authority, contemplated under Article 117 of the Constitution for deciding service matters and in view of the provision of section 4 and 6 of the Administrative Tribunal Act 1980 has an inherent authority to g......y interim relief as has been sought for. 3. Mr. Awlad Ali, the learned Advocate appearing for the petitioner submitted that Administrative Appellate Tribunal has committed an error of law in not holding that the Administrative Tribunal acted illegally in refusing to stay operation o..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....1977); The appellant was thus disqualified for election to the office of Chairman of the said Union Parishad under section 7(2)(e) of the aforesaid Local Government Ordinance of 1983 read with the provisions of section 30(1) (b) of the aforesaid Ordinance No. XXXIII of 1961. The appellant...... disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no lawful authority in holding the office of Chairman of the said Union Parishad and he is liable to b..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......bout 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful assembly attacked him and snatched away the money. At that time the accused-respondents als..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ated 10 November, 1986 in that the same had no application having come into force after the disposal of the case by learned Sessions Judge on 13-9-86. Secondly, it was contended that in view of the provisions of section 349A of the Code of Criminal Procedure, the learned Sessions Judge committed ...... against 5 accused including the respondents and under section 201 of the Penal Code against the OC Abul Kalam Azad who was still absconding. It appears that at one stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument w..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....General but instead of forwarding the same the Comptroller and Auditor General returned the appeal saying that the respondent having been removed from service for criminal conviction, there was no provision of appeal. The respondent asserted that at the relevant time he was a Class I Officer and ......ller and Auditor General was/is the appointing/promo authority who in fact promoted the respondent and the authority of the Comptroller and Auditor General not having been withdrawn by or under any law o rule Comptroller and Auditor General retained till authority to remove the respondent from se..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a part of the over-all scheme, objectives and purposes of the ......s qualified to be a person aggrieved, and can maintain an action for judicial redress of public injury arising from breach of public duty or for violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provisio..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....C ought to have been allowed in the circumstances of the case. 4. Mr. PC Guha, learned Advocate appearing for the appellants, submitted that the trial Court upon misconception of the provisions of sections 151 and 152 CPC erroneously rejected the appellants application dated 31-1-8...... of sections 151 and 152 CPC erroneously rejected the appellants application dated 31-1-88 without even assigning any reason therefor and that the learned Judge of the High Court Division erred in law in misreading and treating the contents of the appellants’ application dated 28-4-85 for ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
.... aside the order of dismissal of the petitioner from service holding, inter alia, that, the order of dismissal had been passed without consultation with the Supreme Court which is violative of the provision of Article 116 of the Constitution and that the same had also been passed in violation of......on 4(2) of the Administrative Tribunals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himself in the proceeding and thereby..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....ten for 2 years at a monthly rental of Taka 2,000.00 per month, the courts below erred in law in accepting the alleged lease deed in evidence and marking the, same as Ext. 1 in contravention of the provisions of section 107 of the Transfer of Property Act as the same was not registered as requir...... 2-1-88 by and between himself and the alleged Chairman of a Kindergarten School namely Sunflower Kindergarten for 2 years at a monthly rental of Taka 2,000.00 per month, the courts below erred in law in accepting the alleged lease deed in evidence and marking the, same as Ext. 1 in contraventio..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....abouts of defendant Nos. 1 and 2 were not known during and after the war of liberation and, as such, the suit property has been declared an abandoned property and that the Suit is barred under the provisions of the President’s Order No.16 of 1972, and Ordinance LIV of 1985 and that the sui...... (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon the court; reason being fraud demolishes the v..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ellip;.Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding ......anuary 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owi..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......f sale from its, owner and the plaintiff having merely instituted the suits for specific performance of the contracts for sale, the trial Court as well as the appellate Court committed an error of law in appointing the Receiver upon the prayer of a person who is not the owner, inasmuch as it was..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
..... The case was contested by Bangladesh Krishi Bank by filing an Affidavit-in-opposition and supplementary affidavit contending that the writ petition was not maintainable and it is also hit by the provision of Bangladesh Bank Order No. 27 of 1973, President Order No.27 of 1973. The Krishi Bank a......13 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained in sections 51, 52 and ..Category: Business or Commercial Law | Date: | Hits: 150
.... learned Sessions Judge made the recommendation upon taking the view that MA Rashid Khan, Executive Director was not legally authorised to make the reports under section 25 of the Ordinance, that the provisions of law were not complied with, that there was no application of mind by the CMM in taking......e objection should have been raised first. The objection as to alleged lack of authority should be raised before the Court taking cognizance. There was sufficient compliance of the requirement of the law as regards authorisation of the officer who filed the report on behalf of the SEC.…………â€..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......mber 1996, made the Rule absolute and set aside the order of mandatory injunction. While passing a lengthy judgment the learned Judges observed that the order granting mandatory injunction was bad in law inasmuch as there was no specification of the portion of CS plot No.71 from which the plaintiffs..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... friendship and the complainant in good faith disclosed to accused Nos. 3 and 4 that he had Taka 4,00,000.00 in an account in Sonali Bank at Rajapur Branch and Taka 3,000,000.00 with his brother-in-law. As the complainant returned to Bangladesh accused No. 1 (the petitioner) and accused No.2 per..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......her investigation taking the view that the charge-sheet having been accepted there was no scope for further investigation. The learned Magistrate was directed top with the matter in accordance with law as per the first part of his order, namely, accepting the charge-sheet with sections 326 and 3..Category: Criminal Law | Date: | Hits: 74
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