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Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
.............Respondents Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its ...... 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...................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. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....oting or non-quoting of the provision of law in the cause title of the plaint, herein in the petition for pre-emption,cannot be a ground for refusing the relief sought for if in the background of the facts established the relief so sought for is available, nor the Court is incompetent to allow the r......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......held that although the land is within the municipal area, but the said land being agricultural land there is no bar for the pre-emptor to have the relief sought in the Miscellaneous Cases and that no evidence was brought on record by the pre-emptees to establish that brick build 3' width 'ail' is a ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....nd ancillary to the main relief was illegal exercise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan Gopal Rungta reported in AIR 1952 SC 12. 5. The short facts leading to the said decision are that the Government of Orissa having, passed an order canceli...... is also Reported in: ......order of removal of the writ petitioner from the office of Director and Chairman of the Board of Directors of the United Commercial Bank Ltd for 2 years communicated by the letter dated 26‑2‑2004 evidenced by Annexure A to the writ petition while disposing of the application under Article 102 of..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....at litigation is going on between the parties the High Court Division was in error in making the Rule absolute and thereupon decreeing the S.C.C. Suit. He also submits that in the background of the facts and circumstances of the instant case the accepted principle that a tenant is estopped fro......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...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....another 1984 BCR (AD) 346 and Dhaka Leather Complex Vs. M/s Sikder Construction Ltd. and another, 12 BLT 17. 22. He submitted that the court cannot sit in appeal and decide the award on merit on facts as well as law. 23. In support, he cited MOL Enterprise Inc. Vs. Bangladesh, 4 BLC 407; A......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......de the contract. The appointed arbitrator had no jurisdiction to arbitrate on any dispute arising out of the contract. 13. The learned Arbitrator did neither examine any witness nor admitted any evidence. He heard the parties on the statement of claims and reply thereto on the basis of annexure..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....al found that there was no procedural defect in holding the enquiry and the charge levelled against the respondent was established. The learned Counsel also submitted that in the background of the facts and circumstances of the case, it cannot be said that the punishment so awarded is of such na......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&...... unauthorised absence and borrowing of money were not disputed by the respondent and in that background the AAT held that the AT had rightly held that to establish the aforesaid allegations no oral evidence was necessary. It may also be mentioned that the AAT in the judgment has noted that first ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....etween the petitioner and the BIWTA and, as such, the petitioner is not entitled to get any benefit from the aforesaid clauses. (4) The High Court Division committed error of law as well as on facts in finding that the petitioner has waived his claim for price adjustment since he completed th......is also Reported in: 57 DLR (AD) (2005) 31. ......se of a prescribed formula (or formulae) which breaks down the total price into components that are adjusted by price indices specified for each component or alternatively on the basis of documentary evidence (including actual invoices) provided by the supplier on Coordinator the use of the formula ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ......ta) additionally and alternatively for the sum of Taka 5,03,400 with interest and the defendant (Nirmal Chandra Dutta) contested the suit filing written statement and that during pendency of the suit evidence of Md Nurul Huq was recorded in part but later the suit ended in sole decree and coming to ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
..... This Court under Article 102 of the Constitution is competent and within its jurisdiction to protect this right and pass any order for its protection under Article 102 of the Constitution. In the facts and circumstances of the case, we are of the view that this application filed by the petitio......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......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......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...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
.... seek leave to appeal against the order dated 11‑2‑2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3939 of 2003 discharging the Rule. 2. The facts leading to the leave petition are that the petitioner No.1 being the Principal‑in-......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Alauddin Sikder (Md) and another……………Petitioners &......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....o be examined in each case to determine whether the delay constitutes abuse of the process of the Court or not. 11. Decision in a particular case is to be considered as applying to its particular facts and circumstances. Assuming reasoning in the case is correct, it nevertheless cannot be accept......n of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-cor......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......Khan alias Mintoo.......................Petitioner vs State, Represented by the DC......................Respondent Judgment March 24th, 2004. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Syed Ziaul Karim, Advocate, with him), Instructed by Md. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ny elaborate discussion or process of ratiocination. The contention that the exposition of the law is incorrect or erroneous, or that the Court has gone wrong in the application of the law to the facts of the particular case; or that erroneous inferences have been drawn as a result of apprai......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....... The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the ..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)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... 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......he handwriting expert. It may be mentioned the High Court Division sent back the suit on remand to the trial Court with the clear direction that the parties shall not be allowed to adduce any further evidence. 2. Plaintiff‑appellant and another (respondent No. 2) filed the Other Class Suit N..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....s from the date of dismissal of the respondent No. 1 the case was barred and hence the respondent No. 1 was not entitled to any relief. The High Court Division in its turn considered the facts and law and found that the second party i.e. the appellant in the appeal, admitted to have re......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......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. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ved of reasonable notice before taking the impugned action against him. 3. The High Court Division while rejecting the application summarily has observed "we are of the view, that facts revealed in various annexures including Annexure‑D, the proceeding of the meeting of t...... 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......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. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....er profits in connection with their industries........"
In this case, we are hi total agreement with the conclusions reached by the learned Judge on the correct appreciation of the relevant facts.
20. In the case of the University of Delhi Vs. Ram Nath AIR 1963 SC 1873, retrenchment c......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 ........................... its various departments with regard to the terms and conditions of their service. On being referred, the State Industrial Court, Nagpur, found that the Corporation was an industry and that on taking evidence, it can be decided whether any department of the Corporation was an industry or not. The Su..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....fer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and to meet the ends of justice conviction under section 4 of t......................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. ......561A of the Code of Criminal Procedure for quashment of the judgment and order of conviction and sentence by the Tribunal in order to secure ends of justice on the ground that it is a case of no evidence. The High Court Division by the impugned judgment discharged the Rule and affirmed the judg..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....tted that presence of subsequent transferee is always necessary, particularly when the owners of the holding denied to have made any contract with the plaintiff. 8. Perused the record as placed, facts stated hereinbefore do not admit of any controversy. On 20‑11‑2002 the suit was instituted......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......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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