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DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
.... General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional protection available to the respondent and relying on the principle of law enunciated in 44 DLR (AD) 104 (Jamuna Oil Company Limited and another vs. SK Dey and another) a......titled to a second show cause notice………………………(4) Case Referred to- Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD). Lawyers Involved: ......; Not represented — The Respondent. Civil Petition for Leave to Appeal No. 498 of 1996 (From the judgment and order dated 14-7-1996 passed by the Administrative Appellate Tribunal in Appeal No.01 of 1995) ..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....sion of the Labour Court and discharged the Rule Nisi issued in the aforesaid writ petition. 2. The petitioner seeks review on the following grounds that in absence of any law or award or settlement securing any right to claim overtime allowance at the rate double the r...... Abdul Momen Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on -Record— For the Respondents (In both the cases). Civil Review Petition Nos. 16 and 17 of 1999. Judgment AM Mahmudur Rahman J.- This appli...... judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 41 and 42 of 1995 is founded on the statement that petition filed Civil Appeal Nos. 41 and 42 of 19 challenging the judgment and order of the High Court Division passed in Writ Petition Nos. 1617 of 1991 and 1454 of 1991 s..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
.... 3. The learned Advocate for the petitioner submits that as a Joint Mutwalli petitioner is entitled to manage the affairs of the Waqf Estate and as such, High Court Division erred in law in upholding the order of the Additional Deputy Commissioner to hand over the charge to the oth......y Md. Aftab Hossain, Advocate-on Record — For the Petitioner Syed Ziaul Karim, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent Nos. 3 and 4. Not Represented — Respondent Nos. 1 and 2. Ci......ld continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwalli after making over his charge to the chief Mutwalli as there is no illegality in the order of making over charge. Lawyers Involved: Md. ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ...... Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner Vs. Chairman, Court of Settlement and others........................Respondents Judgment ......er Not represented — The Respondents. Civil Petition for Leave to Appeal No. 613 of 1996 (From the judgment and order dated 25-6-1996 passed by the High Court Division in Writ Petition No. 192 of 1991). ..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. ......p; Judgment AM Mahmudur Rahman J.- These petitions for leave to appeal by the writ-petitioners of Writ Petition Nos. 2259 and 1787 of 1998 are from a common Judgment and order dated 7-7-99 made in the Writ Petition No. 1787 of 1998 and accordingly these petitions are ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ ......7 of 1995). Judgment Mustafa Kamal J.- This petition for leave to appeal by the defendants is from the judgment and order of the High Court Division dated 23.2.95 passed in Civil Revision No. 127 of 1995 dischargin..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....paid. The District Delegate, therefore, held by his judgment dated 21.8.1991 that Gopal Chose had no legal footing to file any caveat, that the caveat dated 26.6.1991 is not a caveat in the eye of law and, as such, the Court is empowered to proceed with the probate proceeding as a non‑cont......164 ......9;on‑ Record‑ For the Appellants. Santi Ranjan Karmarkar, Advocate‑on‑Record ‑For the Respondent. Civil Appeal No. 10 of 1994 (From judgment and order dated 3rd November, 1993 passed by the High Court Division, Dhaka in First Appeal No. 802 of ..Category: Property Law | Date: | Hits: 67
.... record and after due consideration ought to have finally disposed of the case without sending the case on remand and the remand order has been passed on a total non‑application of the principle of law guiding remand in such case. Leave was also granted to consider whether on the face of concurren......:47 DLR (AD) (1995) 162.
......he revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand…………â€..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....R Yousuf, learned Counsel for the petitioner, submits that the petitioner filed an application before the Tribunal on 19.8.93 and prayed for disposal of the election petition solely on one point of law, namely, whether the change in the polling stations was illegal and without jurisdiction and wh...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mahmudul Islam Chowdhury........................Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgment May 25th, 1995. Lawyers Involved: ...... Judgment: Mustafa Kamal J: This petition for leave to appeal is from the judgment and order of the High Court Division dated 27.11.94 in FMA No.296 of 1993 allowing the appeal and setti..Category: Others | Date: | Hits: 119
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......llip;…………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Law......an he deposited Taka 30,000.00 on 1.12.91 and Taka 20,000.00 on 18.12.91 and that he prayed for remission of normal and penal interest which was still pending with the Krishi Bank. By judgment and order dated 10.11.92 the Election Tribunal allowed the Election Case and declared void the election..Category: Others | Date: | Hits: 101
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....4(2) of the Act read as follows: "Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic ...... Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result: The Appeal is......81), section 4(2) The Police Officers (Special Provisions) OrdiÂnance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government fi..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....ned Judges of the High Court Division observed in their judgment as follows: "There is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit ...... ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95......ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95 of ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....ng failed to prove that his appointing authority was the Chief Engineer and the Superintending Engineer being the appointing authority of Lower Division Assistants, the High Court Division erred in law in affirming the judgment of the lower appellate Court. The show cause notice having been sent......l) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &nbs...... Judgment: Mustafa Kamal J: This appeal by leave by the defendants is from the judgment and order of a learned Single Judge of the High Court Division dated 25.11.91 in Civil Revision No.4012..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Case is also Reported in: 47 DLR (AD) (1995) 149. ......ed by Shamsul Haque Siddique, Advocate‑on‑Record ‑For the Appellants. B Hossain, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No. 8 of 1994. (From the Judgment and order dated 25.1.93 passed by the High Court Division in Criminal Appeal No.28 of 1990). Judgmen..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....he enquiry officer did not consider the evidence of the witnesses adduced by the respondent No. 1 and that the respondent No. 1 was not given a reasonable opportunity to defend himself according to law. The Appellate Tribunal also held that the finding of the Tribunal that respondent No.1 admitt......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ...... Miah Abdul Gafur, Advocate‑on‑Record ‑ For Respondent No.1. Not represented ‑Respondent No. 2. Civil Appeal No.55 of 1993. (From the judgment and order dated 31.3.1993 passed by the Administrative Appellate Tribunal Appeal No.53 of 1992). ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
.... upon the following observations of this Division in the case of Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321: "For, even in a case where retirement is made under the amended law and the order expressly shows that it has been made in the public interest, yet the Court shall ......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ...... dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No.34 of 1988). Judgment Mustafa Kamal J.- This appeal by leave by the appellant‑petitioner is from the judgment and order dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No. 34 of 1988 affirmi..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that ......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......ion of the Supreme Court. 3. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, in Part VI‑Order XXVIII provide, inter alia, as follows: 1. On receipt by the Registrar of the order of the President referring a question of law to the Court, the Registrar shall give notice to ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....s an illegal possessor of unauthorised arms; that local public are much dissatisfied with him; that he along with his associates has created panic in Dhaka city by looting and hijacking, and that the law and order of the city has been deteriorated. On 9 June 1994 the police recovered one foreign‑m......Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers In......19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was sent to the Central Jail where the order of detention dated 11 June 1994, for 30 days, made by the District Magistrate, Dhaka, was serv..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....the plaintiff had not made out any case of adverse possession either in the plaint or even by any evidence on record. The learned Judge concluded that the appellate Court had committed an error of law in decreeing the suit on the basins of his finding of adverse possession in favour of the plain......t. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ...... Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....urt of Subordinate Judge, Dhaka for declaration and partition on 20 April 1992. 3. The summons of that suit was served upon the appellant on 23 April 1992. To circumvent the due process of law he filed the Misc Case No. 74 of 1992 on 27 April 1992 deliberately suppressing the fact of the......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J......6 and 7, as to the properties in question being wasted away, a prayer for appropriate remedy may be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
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