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....gladesh), heard along with Civil Appeal Nos. 1 and 4 of 1991, wherein it has been held:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any...... terms and condition of service if it is found that the action taken is in violation of any fundamental rights of that person the Administrative Tribunal has jurisdiction to determine the application accordingly. But to declare a law as void being inconsistent with the fundamental rights is within t......h the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is disposed of.
Cases Referred to-
Civil Appeal No.35 of 1987 (Mujibur Rahman Vs. Government of Bangladesh SP Sampath Kumar Vs......lling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the pray..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....nd the defendant‑petitioner has been seriously prejudiced thereby and thus the learned Subordinate Judge has committed an error of law resulting in an error in his decision occasioning a failure of justice in passing the impugned order which is liable to be set aside. 4. Mr. Miah Abdul Gafur,...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ...... Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such amendment or alteration is necessary— Before allowing any amendment or......ll a speaking order and the same has been arbitrarily and illegally passed by the learned Subordinate Judge, without applying his judicial mind to facts and circumstances of the case and the relevant laws. Hence, the same cannot be sustained in law. He has further submitted that the proposed amendme..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....ip;Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
......the Government and submitted that the Government reserves the right to cancel the lease and, as such, the cancellation of lease of the petitioner society for the year 1398 BS to 1400 BS has been done according to law. We have already shown above there is absolutely no substance in this argument as t......hellip;……………Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee i......ed Memo No. Bhu: Ma: 7‑Netro‑1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Coâ€..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
...... that applicant 1st party Sekendar Ali Howladar being temporary worker having no fixed scale of pay is not entitled to any regular annual increment of pay and is not entitled to have his salary fixed according to national pay scale, the benefits of which are available to a permanent employee and fur......rted in: 46 DLR (HCD) (1994) 143.
...... get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Ban..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 .........................Petitioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. H......iving a notice to quit on the tenant in the manner prescribed under section 106 of the Transfer of Property Act. The Premises Rent Control Ordinance has made substantial encorachment into the tenancy law of the country for the purpose of protecting the tenant from ejectment from the tenanted premise..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......d. The Constitution of Bangladesh, 1972; Article 39 and 102 Newspaper Employees (Conditions of Service) Act, 1974; Sections 9, 10(3) and 11 Whether the petitioner has the right to move the writ petition in a representative capacity- Neither in the Act nor in the Fourth Wa......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......n coming to the conclusion gave too much importance on the matter ancillary to the contract rather than on the actual assessment of the evidence relating to the proof of the alleged contract. Though, according to the principle, the revisional Court will be slow in interfering with the judgment of th......Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims....................dvocate appearing for the opposite parties, made his submission in support of the said judgement. Mr. Dastagir Hossain at the outset contends that the learned court of appeal below committed error of law in his decision in decreeing the suit on the basis of oral contract for the sale of immovable pr..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......dent Judgment February 25, 1991. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), Section 30 Whether the High Court Division failed to exercise his discretion justly and properly in refusing bail in a case where the sentence is of a......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ted any offence within the meaning of section 19(a) and (f) of the Arms Act, continuation of the Criminal Proceeding will tantamount to the abuse of the process of the Court and to secure the ends of justice, the said proceeding is required to be quashed. 7. Mr. Aminul Huq, the learned Attorney......r staying the further proceeding for 1(one) month whereupon Mr. Aminul Huq, the learned Attorney General appearing on behalf of the State, prayed for hearing the rule with utmost expedition and, accordingly, the matter was fixed for hearing with the consent of Mr. Kazi Shahadat Hossain, the lea......;…………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (A......ibed as follows: "(1) such rifles, muskets, pistols or revolvers as are specified below or parts thereof (and ammunition which can be fired from any of these weapons) and/or any weapons not lawfully imported into or lawfully manufactured in the Republic of Bangladesh: ‑ Musket‑ 0...Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. CommuniÂcate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......counter affidavit along with a certificate from the Head Master of the school where she was reading at the relevant time. School certificate shows that victim girl Sumati Begum was born on 5.6.75. So according to school certificate she would complete 16 years of her age on 4.6.9 1. According to the ......oner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada......Muslim, father of victim girl Sumati in the FIR dated 3.8.88, she appears to be below 16 years of age as on 2.5.89. In the circumstances, we do not find that the Sessions Judge committed any error of law in giving victim girl Sumati Begum to the custody of her father Muslim by the impugned order dat..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....now heard on merits, the said Rule would also be liable to be discharged in limine for the simple reason that in the instant case there is no jurisdictional error or material irregularities causing injustice, as alleged. 11. In the instant revision we are concerned with the impugned order passe...... provision of the Arbitration Act, the court in passing the order under section 41(b) of the Arbitration Act, passed the order under the Arbitration Act and not under the Code of Civil Procedure and, according to the learned Advocate we cannot read into section 41(b) read with Second Schedule of the...... Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure ques......p;……Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Co..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......Case against the petitioner and other Directors of the Company on 8.6.87 under section 16 (1) (a) of the Special Powers Act. The petitioner was given to understand that unless the Mill is transferred according to the direction of the Bank Authority he would not be released and other Directors also w......Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Ba......h Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexures A and D) should not be declared to have been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued afte..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....ifically mention the land in suit. Mr. Rashid submits that this finding is the result of non‑application of judicial mind on the part of the lower appellate Court and this has occasioned failure of justice. Mr. Rashid has invited my attention to the schedule to the plaint. On examination of the sc......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyer......he lower appellate Court in reversing the finding of possession of the trial Court did not at all advert to the reasoning of the trial Court. Secondly, the lower appellate Court committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act. Thirdly, it committ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....ing the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert which would be more in keeping with the interest of justice having regard to the high value attached to the opinion of a thumb impression expert. ......the facts of the case the question of directing him to give his specimen signature in Bengali does not arise under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1......tion of title between the two competing parties. Profulla Chandra was not present before the Court either as a witness or in any other capacity, in the facts of the case the question of directing him to give his specimen signature in Bengali does not arise under section 73 of the Evidence Act. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....al general meeting and Board's meeting of the company as it appears from the evidence of D.W.1. 36. Considering all these aspects of the case and materials on record I hold that for ends of justice the Respondent‑private limited‑company having character of partnership deserves liquidat......W 1 deposed before this Court denying Ext. 4 and the alleged signature Ext. B and since the admitted signatures as given in Ext. A(1) and A(2) are quite different and since Ext. 4 has not been proved according to law, I hold that this alleged instrument of transfer of shares Ext. 4 dated 20th of Aug...... December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting...... does not know the present shareholders. He has not lodged any complaint against Zahurun Nabi by name but he had complained against the change of directors. He is thinking to take shelter of Court of law for redress against the change of Directors made to the company. 21. The respondent examine..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......92. ......the trial P.W.1 Moked Ali, the informant, stated the prosecution case. His daughter Meherunnessa was married to respondent No.1 Shafiqul Islam alias Rafique in 1979. P.W.1 promised to give his son-in-law one bicycle and a two-in-one (tape recorder-cum-radio) in January, 1982; Respondent No.1 was at ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....ken manner that it was never meant to be an order of promotion. In the facts of the case the respondent was not entitled to any show‑cause notice nor there any violation of any principle of natural justice. Therefore, the respondent's contention that he acquired a vested right to the post of I......fied hands. Where strict adherence to rule 50 as to transfer for filling temporary vacancy was not practicable, the sanctioning authority under that very rule is authorised to make acting arrangement according to administrative requirements. In the departmental instructions it has been emphasised th......Huq......................Respondent Judgment November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction......nstrue the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is governed by a complex of laws, commencing with constitutional instruments and ending with statutory rules, which have been au..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....for acquittal are of "speculative or artificial nature" or the findings are based on misreading of evidence or the conclusion drawn from the evidence is perverse resulting in miscarriage of justice, the court of appeal will certainly interfere. This view was taken by the Pakistan Supreme C......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................which was allowed and they were acquitted by the High Court Division as stated above. 3. Leave was granted to consider whether the learned Judges of the High Court Division were well founded in law and fact in acquitting the accused‑respondents, relying upon the evidence of a single witness,..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......gladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Ban...... refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr. PB..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......red under a single kabala and when in each of the holdings the pre-emptor was a co-sharer, he must pre-empt all the holdings or none at all, for he cannot be permitted to pick and choose the holdings according to his own convenience. Learned Advocate further contends that the pre‑emptor is also re...... pre‑emption stands in the way of getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings and as such is entitled to pre‑empt them all. The expression "a portion or a share of a holding transferred&quo...... of a holding" on deposit of the entire consideration or value of the land transferred. The 'doctrine' of partial pre‑emption has been evolved through interpretation, by courts, of the law relating to pre‑emption keeping in view the object of pre‑emption, i.e., convenience or inco..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
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