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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......l, 1972 and again on 22.2. 1975, 21.10.1975 and 5.8.1976. The Ministry of Works by its Memo dated 3.6.1977 directed the petitioner to produce the documents and papers in support of his claim which he accordingly complied by his letter dated 16.6.1977 but to no effect. Subsequently, on 11.9.1978 the ......p; August 3, 1992 Result: The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could eithe......pplication for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The judgment in affirming and maintaining inclusion of House No.10‑C, Lane ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......er
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
Lawyers Involved:
MM Hyde......e impugned order of conviction and sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on ..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
.... adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned Advocate representing the other side submits that the suit ......ange the nature and character of the suit. After hearing the parties the learned Assistant Judge took the view that the amendment as proposed would not change the nature and character of the suit and accordingly allowed the prayer of the plaintiffs and fixed the suit for peremptory hearing. It is ag...... Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in change of t......Mr. Md. Azizul Huq the learned Advocate for the petitioners adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....as further submitted that the detenu is a law‑abiding citizen and an educated, responsible member of the society and has not committed any prejudicial activities for him to be kept in detention and justice demands that he should be set at liberty at once. 5. This Rule is opposed by the Govern......nishable under section 109 of the Banking Company Act and Article 56 of the Bangladesh Bank Order for allegedly committing irregularities and illegality by Bangladesh Commerce and Investment Ltd. and accordingly a warrant of arrest was issued on the very day for their arrest and the detenu was shown......M Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154......e Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Banglad..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....ter plan is unjustified and illegal and further requested the authority not to allot any plot, but to no result.
4. It has been further the case that the petitioner also thereafter sent a demand justice notice on 14th January, 1991 but no action has been taken in this regard by the respondents....... would clearly show that the vacant space was kept in between the block minus the road that are necessary as vacant space for affording passage and other amenities to the residents of the blocks and, according to the learned Advocate, this would amount to a representation made by the lessor, namely ......Ministry of Works and others……………………..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md......nistry of Town Planning and in the instant case any sub‑division of plots were unauthorised and having unauthorisedly injected in to the main master plan the sub‑division of the plots are without lawful authority and further this sub‑division would make the area completely uninhabitable, unhea..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......arties in the suit properties. By a perusal of the judgment of the learned Subordinate Judge it appears that the learned Subordinate Judge has allotted the saham or each or the sons and the daughters according to this quantum of share, Therefore, apparently we do not find any wrong or mistake in the......Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Result: The appeal is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patn......ode. 10. Order 23, rule 3 of' the Code of Civil Procedure runs thus: "(3) Where It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the who..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....service but the impugned order has deprived them of their legal right.
8. The petitioners have claimed that the impugned order has been passed against the rules and principles of law and natural justice, allowing the juniors of the petitioners to supersede them. They also claimed that the impug......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......p;……………………………..Respondents
Judgment
June 30, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Bangladesh Steamer Agents Association Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR ......ause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The petitioner No.1 was enlisted as a Copyist, otherwise known as extra‑..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....has in finding that the statutory notice under section 152 of the Paurashava Ordinance is not necessary committed an error of law which has resulted in an error in his decision occasioning failure of justice. The learned Judge ought to have held that without the prior notice the suit was not maintai......ned the suit plot and the defendants having no valid claim in respect thereof the notice under section 152 of the Paurashava Ordinance was not required to be served before institution of the suit. He accordingly decreed the suit. In the appeal preferred by the defendants the learned Sub‑Judge has,......4) 294
......e obtained the instant Rule.
7. Mr. Fakir Abdul Mannan, the learned advocate for the petitioners, has pressed only one point. He submits that the learned Subordinate Judge has seriously erred in law in finding that prior service of the statutory notice was not a necessity, He takes me through t..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ...... Mujibur Rahman, Engineering Adviser of Ministry of Defence; evidence of the witnesses were taken and the petitioner cross-examined them. The inquiring officer found him pill, of misconduct, and according to the Rule recommended punishment of compulsory retirement. Petitioner Lohani was also gi....../89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are ci......nch to dispose of the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....the petitioner and as such the cancellation of the lease without serving a show cause notice on the petitioner and without affording him any chance of being heard is against the principles of natural justice. It has been further argued that the petitioner bona fide believed that he was granted lease......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ...........Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other ...... is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enf..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......tion to save the property of a person and in view or the fact that the property in question was going to be damaged, the respondent Nos. 5 and 6 approached the respondent. No. 1 for taking action and accordingly the respondent No. 1 took the impugned actions. 7. Admittedly, the petitioner was a..........Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Wri...... 2 opening the tenanted house of the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahma..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....he sentence. As this appellant Syed Ali Mondal has only abetted the offence of misappropriation I hold that the imprisonment already undergone by this appellant will be sufficient to meet the ends of justice. 28. Having given my best consideration to the materials on record and after hearing th......00 gallons of HSD oil to LF, Santahar and directed the loco Foreman, Santahar to make over the said BTO Lo Traffic Department, Santahar for sending it to Phulbari in favour of M/s. Rahmat Bhander and accordingly Fuel Inspector, Khulna booked 11000 gallons of HSD oil in BTO No.40058 RMC No. 04361 dat...... The appeal preferred by convict‑appellant is dismissed with the modification in the sentence. Lawyers Involved: Mansur Habib, Advocate‑For the Appellants. SA Hasan, Assistant Attorney‑Genera‑For the State. Criminal Appeal No. 79 of 1991. Judgment Mahmudul Am......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....re bewildered and embarrassed in having to defend themselves against such numerous charges in a trial which took place long after the occurrence, that if prejudice is caused by occasioning failure of justice such trial is Positively illegal and that the illegal joinder of charges which did not form ......y an exception from section 233 and enables a plurality of offences to be dealt with in the same trial. But it does not import either expressly or by implication the limitation set out in section 234 according to which not more than three offences of the same kind committed within the space of 12 mo......Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is allowed. ......ers and documents. It does not appear from the impugned judgment that the High Court Division had perceived the facts of the case in its totality which is so very essential for correctly applying the law as to joinder of charges. The principles of law on the subject are by now well‑settled but err..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....ioners. The defendant‑petitioners having learnt about the same immediately filed an application under section 151 of the Code of Civil Procedure for setting aside the ex parte order for the ends of justice. But the same was also rejected by the learned Subordinate Judge of the Commercial Court by ......le notice of the sale and not a notice of the mere intention to sell. To read ‘intention to sell' in place of 'the sale' is reading something in the statute which is not there, and, according to the well‑established canon of interpretation of statutes, such a manner of reading is......llip;.Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Lt......o sell out the pledged goods i.e. the turbine pumps during the pendency of the suit and as such the application seeking permission from the Court for such sale is improper, illegal and incompetent in law. Nextly, the learned Advocate has submitted that the impugned order dated 12.5.90 is wholly bad ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......n "perquisite” has neither been defined in the Act itself nor the word appears in Explanation‑I of section 10(4)(d) the court is to find out the meaning of the word in its ordinary sense according to the dictionary meaning and he refers us to the decision in the case of Bishambar Dayal ...... Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......tion of section 40(c) (iii) of 1961 Act. Other cases cited by Mr. Bhuiyan are also on interpretation of section 40(c) (iii) of Indian Income Tax Act, 1961. As these decisions are on interpretation of law quite different from our law they are not of much assistance to us as the Income Tax Act, 1961 o..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....ecreeing the suit absolutely on misconception and misconstruction of the relevant provisions of law and the connected documents particularly the ekrarnama Ext. A and this has resulted in a failure of justice and as such the impugned judgment and decree of the Court of appeal below are bad and illega......ey purchased by a registered deed dated 28.3.75 the right of re‑purchase from the said Musim Ali, the profoma defendant No.3 for a consideration of (Taka 5,000.00‑Taka 900.00 = Taka 4,100.00) and accordingly asked the defendant Nos. 1 and 2 to execute and register the necessary deed of reconveya......ip;……………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Daya......ns made in the plaint. It has been further stated in the written statement that the pro‑defendant No.3 the vendor is the uterine brother of the defendant No. 1, and defendant No.2 is the son‑in‑law of defendant No.1's brother; that when defendant No.3 sold out the suit‑laid to the defend..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....ner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this nature.
10. This petitioner had sent a notice demanding justice to the respondents before obtaining this Rule.
11. The Rule was opposed by the res......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:
The Rule is made absolute.
Cases Referred to-
Shah Ghulam Nabi and others Vs. Vice‑Chairman, East Pakistan Enemy Property Management Bo......ct restoration of the properties to the petitioner, with an observation that, "this however will not stand in the way of the Respondents to take any legal action in die matter in accordance with law" In pursuance of this decision, the property was restored to the petitioner by an order of ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......he Rule is made absolute.
The Co-operative Societies Ordinance, 1984; Section 86
Section 86 of the Co-operative Societies Ordinance does not attract election disputes and as such the Arbitrator acted illegally and without jurisdiction in making the impugned award.
Coram Non-Judice
......ling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petition) declaring the election of the petitioner as void, should not be declared to have been made without lawful authority.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Sa..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....‘'G(I)') protested about circulation of the said decision and requested to review and revise the same and circulate the decision actually rived at.
9. The petitioners by notice demanding justice issued on 20.2.91 (Annexure H) claimed that respondent No. 2 should not issue NOC (no object......quired for implementing development projects. REB floated tenders in terms of agreements with foreign loan giving agencies. None except one local manufacturer can produce single phase electric meters according to the specification of the REB. It appears from a survey report dated 13.1.91 (Annexure 2...... Elahi, Advocates—For Respondent No. 6
Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rul...... of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rules.
2. Bangladesh Electrical Association, an association of dealer..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ny candidate. 11. We may observe that in the instant case on the part of the elected Chairman মোঃ আলী, পিতা আঃ আজিজ (Md. Ali pita A: Aziz (Md. Ali, son of A Aziz) according to the statement made in the application there was no mistake made by the said elected can......ission and others..................Respondents Judgment February 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolv......o. 6 and published in the official Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal effect and why the election of the said Union Parishad in res..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
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