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Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....n and the learned Subordinate Judge was wrong in not rejecting the plaint." 6. Leave has been granted to consider the submission that High Court Division was patently wrong in law and facts inasmuch as it could not be said that the averments made in paragraph 7 of the plain...... 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...................structed by Ahsanullah Patwary, Advocate‑on‑ Record‑For the Appellants. Not represented - The Respondents. Civil Appeal No. 7 of 1997. (From the judgment and order dated December 9, 1996 passed by the High Court Division in Civil Revision No. 3244 of 1995)...Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....equested the pre-emptees to re-transfer the land so purchased by them to her on accepting price as mentioned in the kabalas as well as the compensation as provides by the law, but they denied finally on July 3, 1988. The pre-emtees are strangers in the holding and ......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......appeals) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the High Court Division in First Miscellaneous A..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....ith observations. The Constitution of Bangladesh, 1972, Article 102 (i) The rule that the Court will not entertain, a writ petition when the appropriate remedy is yet available is not a rule of law barring the jurisdictions of the Court. It is a rule by which the Court regulates the exercise o...... is also Reported in: ......n a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final de..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....y paying rent to him, but later on claiming title, said to have acquired from one Abdul Jalil, plaintiffs brother's son, stopped payment of rent. Thus admittedly the defendant became a defaulter. The law is now settled that without surrendering possession of a particular premise wherein one is a ten......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......ted February 9, 2003 passed by the High Court Division in Civil Revision No. 934 of 2001) Judgment Md. Ruhul Amin, J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....(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; Adamjee Sons Ltd. ......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..........................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....as been observed "It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, an offence like criminal breach of......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&......ppellants Vs. Khandaker Badrudduza ......................Respondent Judgment April 6, 2004. Service Matter Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of pro..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has comm......is also Reported in: 57 DLR (AD) (2005) 31. ......y Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Dispensed with‑ Respondent No.2. Ex parte‑ Respondent No.3. Civil Appeal No.300 of 2002. (From the judgment and order dated 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....opriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because...... 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. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 150 of 2003. (From the judgment and order dated 25‑6‑2001 passed by the High Court Division in Appeal from Original Decree N..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)
....004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill or special know the government was util......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...... Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3005 ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....ns Case No. 120 of 1993 was made to facilitate acquittal of the accused person and, as such, the order removing the Advocate Mr. Md. Borhanuddin is tainted one and the same has been passed without lawful authority and is of no legal effect. it was the further contention of the writ‑petitio......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......). Judgment Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
....up in the charge-sheet submitted by police and to pray for regular bail in that Court. The learned Magistrate is directed to deal with the prayer for bail of the accused-petitioner in accordance with law. 9. Accordingly, this application is disposed of Communicate the order to the learned Chief...... case No.2633 of 2004. Judgment Khademul Islam Chowdhury J.-This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. Perused the application and heard the learned Advocate. 3. It is stated in the application that the accused petitioner ...... that Court. The learned Magistrate is directed to deal with the prayer for bail of the accused-petitioner in accordance with law. 9. Accordingly, this application is disposed of Communicate the order to the learned Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....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. ......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 &......#8209;on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8. Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by the High Court Division in Writ Petition No. 3939 of 2..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....rayed for supplementary investigation on the ground that the allegation of misappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Sp......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 the ground that the allegation of misappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Special Public Prosecutor. Thereupon, th..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. ......by Md. SR Khoshnabish, Advocate-on-Record—For the Petitioner. Not Represented—Respondent. Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 of 2003). ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....al on the same night on 165‑1999. Monir and Chayan, however, were brought to Dhaka where they received treatment in the hospital of the Navy with the help of their brother‑in-law Commodore Harun and thereafter in private clinics. 3. The police investigated the c......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......e ...........................................Respondent Judgment March 22, 2004. 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 o..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)
....to examine itself the disputed signatures" and making tile direction to tile parties as stated hereinbefore. 5. Leave was granted to consider the submissions that the High Court Division erred in law in sending the case on remand on a mere technicality holding that the trial Court ought to have ...... 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...... Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated November 5, 1996 of a Division Bench of the High Court Division in First Appeal No. 191 ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....pellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requirement of law by interpreting the same detrimental or prejudicial to the interest of the worker unless such ......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......t. Md. Wahidullah. Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 312 of 2001. (From the judgment and order dated 13‑8‑1998 passed by the High Court Division in Writ Petition No. 1805 of 19..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....nt 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 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......, 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 petitioner from office of chairman does not suffer from any infirmity.&nbs..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.... ..............................................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, establishment or an ind......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 ...........................
Vs.
Md. Afzal 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 no..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....ioner, firstly contended that the learned Judges of the High Court Division failed to apply its judicial mind in appreciating the facts and circumstances of the case and thereby committed an error of law by affirming the judgment and order of conviction and sentence passed by the Tribunal without co......................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. ......ed by ASM Khalequzzaman, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent‑State. Criminal Petition for Leave to Appeal No. 26 of 2003. (From the judgment and order dated 5th November, 2002 passed by the High Court Division in Miscellaneous Case No. 1783 of 1..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
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