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Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... learned Advocate of the petitioner and on perusal of the impugned judgment of the High Court Division, We find that the learned Single Judge Meticulously considered the case of both parties in their proper perspective and the learned single Judge held that there are discrepancies regarding the area......azlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment May 8, 2004. ......ustice. For all the above reasons, we find no cogent ground for our interference with the impugned judgment of the High Court Division. Mr. Roushan Ali, the learned Advocate, could not pinpoint any illegality or legal infirmity in the impugned. Judgment of the, High Court Division causing failure of..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sunder Ali being dead his heirs Abdul Hannan and others .........Appellants Vs. Md. Serajul Islam Sarker & others...................igh Court Division made the Rule absolute upon observing "We have more than once perused the above quoted paragraph 7 of the plaint and have considered the averments vis‑a‑vis the legal position as to the meaning of the cause of action. In its wider sense it is the necessary con..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
.... section 24 of the Non-Agricultural and Tenancy Act without amendment of the application for pre-emption filed under section 96 of the State Acquisition and Tenancy Act pursuant to a proper application by the pre-emptors to that end and that the findings about the separation of the ......l Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other......he learned Counsel for the pre-emptee- Respondents since the pre-emptor did not take appeal as against the order of the Revenue Officer the order has become final and binding on the pre-emptor is not legally well founded. An order of a competent Revenue Officer separating the jama in strict complian..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....ght have made a suitable interim order for maintaining the status quo ante. But when the Court declined to decide on the rights of the parties and expressly held that they should be investigated more properly in a civil suit, it could not for the purpose of facilitating the institution of such suit,...... is also Reported in: ...... relief before the High Court Division and, as such, while summarily rejecting the writ petition without issuance of any Rule the order of stay not being in aid and ancillary to the main relief was illegal exercise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan G..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....tement stating, inter alia, that plaintiff and his 2 brothers by name Rahmat and Sohrab Hossain as well as sons of plaintiffs brother, Abdul Zalil, Anwar Hossain and Abdul Kalam are the owners of the property in suit along with 15 other shops, that on behalf of the owners plaintiff was looking aft......Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgment 21 April......e Division (Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgme..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... of the Superintendent Engineer, LGED of the District for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conc......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b......aration to complete the work. They also asked the 2nd Party to perform their obligations without killing time but the 2nd Party instead of performing the contract obligations cancelled the contract illegally basing on a different matter which had no relevancy in the present matter preventing the 1st..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....hile the respondent himself admitted his guilt, that in one year the respondent remained absent unauthorisedly for 113 days and this indicates the attitude of the respondent and, as such, for proper management of the banking affairs respondent had been rightly and correctly dismissed by the......ellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent&......ruary 26, 1997 of the Administrative Tribunal, (AT) Dhaka in Administrative Tribunal Case No. 193 of 1994 dismissing the same. 2. The respondent tiled the aforesaid AT Case challenging legality of his dismissal and prayed for reinstatement with all financial benefits. 3...Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......is also Reported in: 57 DLR (AD) (2005) 31. ......that the petitioner has waived his claim for price adjustment since he completed the second contract at the previous rate. (5) The High Court Division erred in law in holding that there was no legal basis for legitimate expectation by the petitioner as no assurance was ever given either by th..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and othe......209;312/4 dated 13‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and without lawful authority. 2. Facts, in short, are that the respondent No. 1..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....nuddin as Special Public Prosecutor was conducting the hearing of the case with all seriousness as such cancellation of the appointment of said Advocate Mr. Md. Borhanuddin as likely to hamper the proper conducting of the Sessions Case and consequent thereupon as there is likelihood of failure o......Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents Judgment April 5, 2004. T......adesh and others .......................Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questi..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......nion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd......aled. 9. Mr. Abdur Rezaque Khan, the learned Additional Attorney‑General, however, submitted that the grounds urged have been met by this Division in the impugned judgment are no legal grounds for review and there is no error apparent on the face of the record warranting review..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
.... 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present respondent Nos. 1 (a) to 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was also the case of the plaintiff ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment March 20, 2004. The Code of Civil Procedure, 1908......otal consideration money and that in spite of repeated demands by the plaintiff as the defendant on receiving balance of Taka 25,000 was not executing and registering the kabala, the plaintiff served legal notice and thereupon the defendant served a legal notice on the plaintiff denying the executio..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......SJR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Road Transport Corporation .......................Appellant Vs. Md Esken Mollick and another.... Respondents Judgment March 16, 2004. The Employme......oses the appeal submitting, inter alia, that there being no denial by the appellant as to receipt of the grievance petition of the respondent No. 1 within time though it was submitted by hand, the legal requirement has been fulfilled as provided under section 25(1)(a) of the Act. 6...Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ...... March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the pe......nvening of the special meeting for the purpose of removal of the petitioner from the office of chairman was without any lawful basis and, as such, resolution taken in the said special meeting was illegal. It was also the contention of the petitioner that in the special meeting allegedly held on J..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....an, DIT Vs. Chairman, Second Labour Court 34 DLR (AD) 37. He submits that the respondent No.2 is an employee and if he is aggrieved by any order of the Corporation, he could file an appeal before the proper authority or might even file a suit before the civil Court but he, not being a worker, did no......t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ...........................l Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry nor a commercial, est..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
.... Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between t......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T......s passed allowing addition opposite party No.4 along with opposite party Nos.1 and 2 submitted joint written statements denying the case of the plaintiff. 13. In the circumstances and in view of legal position as finally settled by the Appellate Division, addition of opposite party No.4 as defe..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....ince Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent, raised the preliminary question of maintainability of these applications is would be proper for me not to enter into the merits of the case at this stage and see if the applications are...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3......e and one of them were re-employed and subsequently terminated from service. Their allegation is, that after their retirement/termination from the service the company till to day have not paid t heir legal dues namely, arrear salaries, allowances and provident fund dues. These dues were not paid in ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....ain fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction, and without a knowledge of which the main fact may not be property understood. They are the events themselves speaking through the instinctive words and acts ...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc......nishable under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and that the Bishesh Adalat is not justified in convicting the condemned prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confine..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....d Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the sam......ithout any order as to costs. Ed. ......the Government, in its affidavit‑in‑opposition, also specifically claimed that it had inducted late Shamsur Rahman as its tenant and received rents from him and therefore, the Government is under legal obligation to restore the vacant possession to the respondent No. 1 after removing therefrom t..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ondemned prisoner retracted confession on 30-4‑1999 after a period of fifteen (15) days of judicial confessional statement. In the retracted confession condemned prisoner stated of enmity over land property with persons noted in retracted confessional statement. Law has been well settled through j......hatun................................Condemned Prisoner Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ...... may be oral or documentary. Confessions may be divided into two classes, Judicial and extra‑judicial. A Judicial confession is that which is made before the Magistrate or in court in due course of legal proceeding, that is recorded under sections 164 and 364 of the Code of Criminal Procedure. A c..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
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