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Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………&h......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authority who in fact promoted the respondent and the authority of the Comptroller and Auditor General not having been withdrawn by or under any law o rule Comptroller and Auditor General retained till authority to remove the respondent from se..Category: Administrative Law | Date: |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)
....e Constitution since the Association has an interest in ventilating the common grievance of all its members who are retired Government Employees. For fulfilling the constitutional promise of economic justice, the Court can look upon the case of the retired Government employees differently from that ......ain contented with it then the same will be disastrous for the welfare of a poor, uneducated society like ours in the context of social and economic inequality. Time has come when this court must act according to the needs of doing social justice to the large segment of population. This court must l......Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 25, 1996. Result: The appellant is given locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust ......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)
....aw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of any initiative by the parties, the court of its own motion, in the interest of justice shall make necessary correction of its records……………&hell......error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plaintiffs in the plaint and refusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of any initia...... Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the c...... 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)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......7. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with opportunity to defend and when such delinquent being dismissed with due approval of the president and omission......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)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other than the plaintiffs because they are very much within the ...... 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)
....hellip;….. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (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 f......ontesting the suit by filing another identical written statement denying the allegations of the plaintiff, stating therein that the suit property has correctly been listed as abandoned property and accordingly it has been so published in the Official Gazette. 4. Since 8-1-87 after...... The Code of Civil Procedure, 1908 (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...... (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)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......ised absence and misconduct under Rule 3 (Ga) and 3(Kha) thereof. The enquiry officer after holding proper enquiry submitted his report on 15-6-85 finding respondent No.1 guilty of the charges and accordingly, second show cause notice was issued on 9-7-85. But due to pendency of the aforesaid T......e 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 owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable.......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)
....uctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved: Khonda......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. ......ip;…………Respondents Judgment March 11, 1998. The Code of Civil Procedure, 1908 (V of 1908), Or. XL r. 1 The Appellate Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such except......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)
....her the amount signed was actually due when the amount was not admitted or determined by an authorised person; that Section 10A of the Public Demands Recovery Act violates the principle of natural justice and it offends Articles 27 and 31 of the Constitution. The learned Judges, without striking......pecified is due to the Bank. Thus under the law when a certificate is issued under section 4 of the said Act it shall be conclusive proof that the amount specified therein is due to the Bank. Thus according to the provision of Sub-article 3 of Article 21 of the Order no investigation, determinat......emands Recovery Act, 1913 (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 i......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
....the accused persons instead of summons without showing reasonable grounds was contrary to law for which the accused persons have faced harassment and financial loss and the same has caused failure of justice and further that those irregularities are not curable under section 537 Cr.P.C.
6. As a...... ধারামতে আমলে লওয়া গেল। আসামীদের বিরুদ্ধে ডব্লিউ/এ দেয়া হউক।”
3. The aforesaid CR cases were accordingly registered. In the reports made to the CMM, it was alleged, inter alia, that the accused......
The Security and Exchange Commission Act, 1993 (XV of 1993), Section 25
The Code of Criminal Procedure, 1898 (V of 1898) Sections 435, 438 & 439A
Objection raised by the petitioners as to lack of authority of the officer was premature in that they did not surrender before the CMM befo......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.…………..
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. ......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. ......……………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not sufficiently specifi......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. ......ion 179 of the Code of Criminal Procedure. We are, therefore, of the view that the High Court Division 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. ......on of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence……………(6) Lawyers Involv...... 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)
.... Magistrate in consideration of the submission of the parties, directed that there should be further investigation in the case by an officer superior to the Investigating officer in the interest of justice. 3. The accused being aggrieved by the said order unsuccessfully moved the l...... 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. ......hers...................................Respondents Judgment December 11, 1997. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A It is not necessary to amend the charge sheet to include a higher offence as because that can be done at the time......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
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......endants Patani Sundari Dassaya had life interest in the suit land and the transfer was made for legal necessities, namely, to clear her old debts, to go to Nabadwip in India, to give a grand feast according to Hindu Law for the salvation of the departed soul of her husband and sons and to meet e......Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding ......death. 5. Mr. SR Karmakar, learned Advocate appearing for the plaintiff-petitioners, submits that the learned Judges of the High Court Division had correctly decided the principle of law enunciated in Section 205 of the Hindu Law but if in the meantime the property is damaged, wast..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......RL transfer price. In this connection we also enclose herewith a photocopy of the Minutes of the Inter-Ministerial Meeting held on November 17, 1997 as Annexure-B. 5. The Corporation accordingly, entered into an agreement with Meghna Petroleum Limited through which the price differ......ver-riding title is fully attracted. The disputed amount never reached the appellant as its income.………………………(23) Cases Referred to- S Naseem Anwar vs. Income Tax Officer 15 DLR 414; Tata Iron & Steel Co Ltd. vs. NC ...... passed by a Division Bench of the High Court Division in Application No.133 of 1991 filed by the appellant under section 160 of the Income Tax Ordinance, (XXXVI of 1984) deciding the questions of law referred to it against the appellant. 2. Material facts of the case are that, the..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....land from July, 1987 to October, 1990. He came to know about the case after the appellate judgment was passed on 12-5-91. As such, he should be allowed to cross-examine the PWs in the interest of justice. 5. By an order dated 15-5-94 the Additional District Magistrate, Sylhet rej......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......997. The Code of Criminal Procedure, 1898 (V of 1898), Section 540 Even though a gazette notification was published showing the accused as absconder there is no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the rel....... By judgment and order dated 19-5-96 a Division Bench of the High Court Division summarily rejected the application and held that the learned Additional Sessions Judge did not commit any error of law in allowing the Motion of absconding accused Ramizuddin. 8. It is against the sa..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. Th......llip;….(22) (ii) the High Court Division clearly acted without jurisdiction in passing the order as to salary, increment, promotion, etc. It was a gratuitous order not covered by any law nor justified in the facts of the case…………….(24) (iii)..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......, Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act………&hell......appellant dated 9-1-8 1 (Ext 1(c) agreeing to transfer 12 acres of land in favour of the Jinardi Union Unnayan Parishad (by the Railway Administration) was not at all a valid contract in the eye of law as per section 23 of the Contract Act because the plaintiffs made their proposal to the Govern..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ...... the appellants were not given a separate saham as prayed for by them, it was agreed that they will be entitled to the same, the appeal will be allowed and the decree will be amended in the main suit accordingly. It was further agreed that the solenama will form part of the decree. 7. The appell......ntiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal against the decree by the defendants but could not do so after entering into a compromise with the defendant appellants admitting their claim and filing a compromise petition......rict Judge remitting the suit to the trial Court for passing decree on the basis of the said solenama. 9. A simple matter has been dragged to this court just for a lack of perception. Neither any law nor any difficult question of interpretation is involved in the matter. It was only a matter of ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......J Shahidullah (Md)…………………………………………………….. Petitioner Vs. Abdus Sobhan Talukder and others ………………………..Respondent Judgment October 29, 1996. Result: The petition is dismissed. The Waqfs Ordinance, 1962 (I of 1962),......ntiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, inter alia, that the suit land belonged to Haji Faser Ali Waqf ..Category: Property Law | Date: | Hits: 91
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