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Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....rity committed by the authority in proceeding against him and ultimately retiring him from service. The learned Member of the lower tribunal does not appear to have considered the matters in is their proper perspective." 4. Mr. Md Moksudur Rahman, learned Counsel appearing for the pe......in J Md Fazlul Karim J Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corporation and another............Respondent Judgment July 24, 2001. ......01. Natural Justice Sending of letters to the address of the petitioner by registered post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence the..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....lt of the Petitioners without giving them an opportunity for defence is manifestly arbitrary and cannot be sustained……….........(47) The Madrasha Board is directed to make a proper inquiry as to who are responsible for the alleged fake registration of the petitioners as ear...... ......etitioners as early as possible within a period not exceeding 3(three) months, issuing proper notice to the petitioners and others concerned to show cause as to why they shall not be liable for the illegal fake registration and take appropriate action accordingly. The results of those petitioners, i..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & oth......proach the labour Court being the authority under section 15 of the Payment of Wages Act, 1936 for realisation of his benefits, thus enforcing his right guaranteed or secured to him i.e. which are legally due upon his retirement from the service under the provision of Payment of Wages Act, 1936...Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......il) Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Ap......rovided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6) Lawyers Involved: Gobin..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....sed petitioner in a public meeting threatened informant and wife of deceased to face dire consequences and remove them the world. 9. Contention raised from the side of accused that State was the proper authority to present any application for cancellation of bail was not countered but vehement ......le issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. ......to, it can always do so in the interest of justice and can treat an incompetent proceeding to be a proceeding under section 439 of The Code. It is well recognised that the principal object behind all legal formalities is to safeguard paramount interest of justice and mare technicalities cannot be al..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... Mr. Md. Nawab Ali, learned Advocate Record, placed before us the judgment of the High Court Division and submits that the High Court Division failed to consider the case of the plaintiff-petitioners property and wrongly found the bonafide requirement was incidentally prayed for before the trial Cou...... Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Fazlul Karim J Abdur Noor and others……………………Petitioners Vs. Mahmood Ali and others......d Act no tenant can be evicted. The High Court Division considered this aspect of the matter and rightly made the Rule absolute. Mr. Md. Nawab Ali, learned Advocate-on record, failed to point out any legal infirmity in the judgment of the High Court Division which may all for our interference. ..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....us Ministries. After the independence of Bangladesh, some Semi-Pucca Tinshed houses were constructed for a period of 10 years by the official assistance of the Ministry of Rehabilitation in 1972. For proper accommodation of helpless persons, who were victims of the war of liberation as well as helpl......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ......n regarding fixation of valuation of the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the p..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....209;1999 rejected the application holding that there was no prayer for setting aside the abatement and no separate application was filed for that purpose and the application that was filed was not in proper form and order. Thereafter separate application praying for substitution of the heirs of the ...... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hossain (Md) and others...........Appellant Vs. Dildar Begu......on Act but as neither Order XXII nor Limitation Act applied to Civil revision application the revision case cannot be held to have abated against the deceased parties. The High Court Division acted illegally in rejecting the application of the petitioner to bring the heirs of the deceased parties on..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....ent of rent. 7. Though the learned Judge of the High Court Division quoted the relevant portion of the deposition of DW 1 as noticed by us, but he failed to consider the same properly resulting in error in his finding. Further, the legal position is that where evidence has b......; Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hosna Ara Begum and others .........Appellate Vs. Montaj Ali and others...............Respond ......the High Court Division quoted the relevant portion of the deposition of DW 1 as noticed by us, but he failed to consider the same properly resulting in error in his finding. Further, the legal position is that where evidence has been duly placed before the trial Court and it has decided..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....MS Islam received further amount of Taka 2,50,000.00 on 11-3-91 and Taka 2,00,000.00 on 29-11-92. However, the defendant opposite parties, who are miscreants and are in the habit of trespass into the properties of others for collecting money illegal from the owners, along with 4 other unknown person...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul......0,000.00 on 11-3-91 and Taka 2,00,000.00 on 29-11-92. However, the defendant opposite parties, who are miscreants and are in the habit of trespass into the properties of others for collecting money illegal from the owners, along with 4 other unknown persons, made an attempt to enter the suit land on..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....er, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examined in the Court and deposed as P.W.4, it was not proper on the part of the trial Court to rely on her statement which was recorded under section 164 ......General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ও শিশু নির্যাতন দম......victed the present petitioner relying on her statement which was recorded under section 164 of the Code of Criminal Procedure. So, according to him, the conviction relying on such a statement was not legal and further, according to him, the conviction is based on no evidence. 3. The learned Dep..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......soner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment Md. Ruhul Amin J.- Learned Judge of the Nari-o-Shisu Nirjatan Daman Bishes Adalat Chandpur in brief the Adalat, upon convicting the appellant-condemned-prisoner Babul Hossain and absco......tion or that without lawful excuse. To make the Dying declaration as the basis for sentencing an accused to death or that to impose any other sentence or that to consider the Dying declaration as the legal piece of evidence for convicting and sentencing an accused the same is required to be found re..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
....iponon Niontroner Jonno Pronito Ain 1988” (তামাকজাত বিপনন নিয়ন্ত্রনের জন্য প্রনীত আইন, ১৯৮৮) should not be enforced properly and as to why the respondents would not be directed to enact law in the light of the Ordina......passed as to this Court may seem fit and proper.
...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......so Reported in:
...... was making a plaything of the words of God and made him take back his wife.” (Quoted from Muhammedan law, by Syed Ameer Ali, Vol. II, 5th Edn, page-474).
7. In view of the aforesaid factual and legal position, we hold that the marriage between Saiful and Sahida was not dissolved and that for t..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
.... applies that is, which will rank for exemption shall be computed under sections 28 and 29 of the Ordinance and if the industrial undertaking has also income from interest on securities, house property, agriculture, Bank deposits, letting machinery, plant or furniture etc., those income cann......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol......tax holiday period are exempted from payment of tax and no also is the income from investment arising out of the deposit of the surplus money of applicant in the Bank but the Revenue Authority illegally levied tax on interest treating it as income not derived from the Industrial undertaking wh..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....ection 3 of the Ordinance; that certificate of Registration that has been given to the Association in the light of the judgment of the First Labour Court is very much legal, that the samity owns huge property and that maintaining a big office with staffs of different categories at different places; ......ction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Ku......Trade Unions, Dhaka Division, Dhaka to the respondent No.1 Bangladesh Paribar Parikalpana Samity Karmachari Union, Dhaka should not be declared to have been made without lawful authority and is of no legal effect.
2. Petitioner, Bangladesh Paribar Parikalpana Samity known as (Bangladesh Family Pl..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....the case to the Divisional Special Judge for trial. There an application was filed by the Special Public Prosecutor for withdrawal of the case as directed from the Prime Minister’s Secretariat. For proper appreciation of the petition filed by the Divisional Special Public Prosecutor the same is re......Roy Choudhury J
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Prativa Rani Dey Tirtha......................Appellant
Vs.
Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Respondent
Judgment
August 10, 1999.
Result:
......said ground leave was granted.
4. The informant on 15-12-1993 lodged First Information Report with Panchlaish Police Station alleging that the accused persons in collusion with each other for illegally harassing the informant and others issued a medical certificate bringing certain allegations..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……......No.1 also could not find out any provision in the said President’s Order No. 59 of 1972 under which the said Ministry was authorised to issue a direction of this nature to the said Board and the legal duty of the Board to carry out the said direction. 7. We find that under Article 4(3) ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....y before any Court to put a victim girl in jail in the guise of safe custody, and that such prayer is ultra vires and or such other or further order or orders passed as to this court may seem fit and proper.
2. After issuance of the Rule to support and strengthen the petitioner’s case Mrs. Arom......isional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. W......roduced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there is no law in Bangladesh whereby an..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....s his mother’s sister and the alleged victim is his cousin who is aged about 19 years and their families had discussed about their marriage. In the meanwhile due to some dispute regarding landed property, inherited from the grand-parents, between the two sisters (mothers of the respective resp......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ......entitled to be heard under the Rules. Even then, Khondker Mahbubuddin Ahmed, learned Advocate for the accused-respondent in Criminal Appeal No. 19 of 1998, was allowed to make his submission on the legal question. In the other appeal Mr. Md. Aftab Hossain, learned Advocate-on-Record for the resp..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
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