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Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....ing of a decree a nullity even if it is found that such non compliance has not …..tually prejudiced the defence of the minors in any way. It is clear that the order of remand would serve no purpose except to allow undergoing a formal ritual of the observance of rule 3 of Order 32 of the Code which......he adjudication of the matter. …………………(6 & 7) Lawyers Involved: S. R. Pal, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants Exparte.—For the Respondent Nos. 1 to 8 Civil Appeal No. 21 of 1988. (From the Judgment and or......s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....s in Plot No. 2085, and he himself deposed in the case stating that he had purchased the land under pre-emption in the benami of his sons—a fact admitted by P.W.1—one of the Pre-emptors, in cross-examination saying that they had come to know of the benami purchase before the filing of the applic......ocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For Respondent No. 1. Ex-parte.—Respondent Nos. 2—24. Civil Appeal No. 9 of 1988. Judgment Shahabuddin Ahmed J.-......udge omitted to consider this point. 5. Mr. M.H. Khondkar, learned Counsel for the appellants, was prompt to pinpoint this omission and contended that the application for pre-emption was liable to dismissal for defect of parties. Mr. Awlad Hossain, learned Counsel for the respondents, in his atte..Category: Property Law | Date: | Hits: 36
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....section 23(1)(b) of the Employment of Labour (Standing Orders) Act, 1965, was challenged. 2. Respondent No.2 appears to have gone on leave for a period of 14 days with effect from 13-1-76. On the expiry of the leave she applied for its extension on the ground of illness, whereupon she was asked ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......otherwise dealt with under sub-section (1) and (2) of section 17 read with section 18 of the Act. If absence without leave for more than 10 days is misconduct and a proÂceeding is to be drawn up for dismissal or for other kind of punishment for such abseÂnce, it does not stand to reason that if th..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....er section 561A of the Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage whe......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......agistrate charging the respondent with a number of crimes and amongst others referred to the charge made by Saleh and enclosed his client's affidavit of June 9, 1939 in support of his application for dismissal of the respondent from his receivership. The District Magistrate made an order for investi..Category: Criminal Law | Date: | Hits: 95
....niture in any reÂgister. It was also alleged in the said charge-sheet that he constructed a multistoried buildÂing at Dhanmandi Residential Area worth about 5 lacs though his monthly salary did not exceed Tk. 500-/. He was directed to show cause why the Board would not recommend to the Government ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......h A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan, AdvoÂcate-on-Record - For the Respondents.
Judgment
Kemaluddin Hossain CJ.- The petitioner unsuccessÂfully challenged his dismissal order passed by the Government under President's Order No. 67 of 1972 and he is now challe..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....da Ali Vs. M.F. De. S. Jayaratne (1951) AC 66; Rameshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Gholam Jilani Vs. Govt. of West Pak., (1967) 19 DLR (SC) 403; Ridge Vs. Baldwin 1964 AC 46; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Bangladesh Small Industries Corporation Vs. Mahboo...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......aw with an apparently arbitrary power to make such an order affecting rights of a citizen in the case of Ridge Vs. Baldwin 1964 AC 46. In the said case, the House of Lords was considering the case of dismissal of the Chief Constable of a Borough Police Force by the Borough Watch Committee without ob..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....of East Pakistan preferred an appeal being F.A.T. No.311 of 1970 against the said award on March 16, 1970 before the High Court out of time by 56 days. A petition for conÂdonation of delay was filed explaining how the petitioner was prevented by sufficient cause to present the memorandum of appeal ......ur Vs. Ch, Fakir MuhamÂmad (1958)10 DLR (SC) 168. Lawyers Involved: Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and or......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....he said that in the assessment order of the InÂcome Tax Officer, Sylhet, of the 1st April, 1952, his capital, which he had brought from Shillong, India to Sylhet was shown as Rs. 5,00,000/- only. He explained that he had been giving money from time to time to his wives and children who were in West......d Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozammel Huq Bhuiya, AdvoÂcate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... was serving as Additional District and Sessions Judge at Jessore by Notification dated 15.11.84 suddenly he was dismissed from service under Martial Law Order No. 9 of 1982 without calling for any explanation and/or without affording him any opportunity to defend the allegations which were made ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... opportunity to defend the allegations which were made against him; the petitioner then filed several applications to the then President of Bangladesh for reconsideration and review of the order of dismissal but receiving no response he filed Writ Petition No. 396 of 1989 before the High Court D..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the judgment arid decree dated February 23, 1989 of the Court of Additional Assistant Judge, Gazipur in Title Suit No. 22 of 1987 dismissing the same. The suit was filed seeking declaration that the ex parte decree dated 28.11.1981 obtained in Title Suit No. 860 of 1981 was void, collusive and frau......87. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respondent.           Civil Appeal No.72 of 2000. (From the Judgment an...... and that it is being contended by the present appellants since the defendant- Respondent gave an undertaking that he would not claim the land in future as such no step was taken against the order of dismissal  of the Miscellaneous case. It has been stated by the appellants since the defendant ha..Category: Property Law | Date: | Hits: 38
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....pon he was warned by the memo dated May 25, 1992 but there was no charge in his behaviour, (c) that in spite of repeated direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant w......n the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
...."oneness" of the High Court Division and thereby damaged a basÂic structure or" the Constitution; as such, it is void. The Impugned Amendment has resulted in unrecognizable repugnancies to all other exÂisting provisions of the Constitution related to it rendering the High Court Division virÂtuall......Union and Exchange of Enclaves; 92 Ohio State 115 H.M.Co. Vs. Miller; (1878) 3 AC 889 Queen vs. Burah; (1908) 6 Com LR 469 New South Wales vs. Brewery Employees Union (564) 15 US 93 26 Law Ed. 110 Ex-parte John L. Rapier; (1887) 12 (AC) 575 Barrk Toronto vs. Lambe; (1921) 28 CLR 129 Amalgamated Soci......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....e time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked up with the bank rate- and the borrower in his executed mortgage deed clearly stipulated that he will pay the rate of interest at bank rate less 3%...... Senior Advocate (S.C. Das and M.A. Wahhab Miah, Advocates with him) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by th......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....ot any argument is made that the said finding is wrong it must be said that the view taken by the Additional District Judge and upheld by the High Court Division that plaintiff’s right, if any, has extinguished with the promulgation of P.O. 135 of 1972 by which section 86 of the Act was substitute......ecord —For the Appellant. A.W. Bhuiyan, Additional Attorney-General, inÂstructed by A.W. Mallik, Advocate-on-Record — For the Respondent No.1. Respondent No.2: Abated. Respondent No. 3: Ex-parte. Civil Appeal No. 87 of 1984 Judgment: A.T.M. Afzal J.— In this appeal by leave, t......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....ovember 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little extension of the wellknown rule of natural justice, audi alteram partem — no one should be condemn......en considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little extension of the wellknown rule of natural justice, audi alteram partem — no one should be condemned unheard — does not permit this. Such adverse remarks cannot ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....e plaintiff and for permanent injunction reÂstraining the defendant from giving possession to deÂfendant No. 3. Her case was that she purchased the suit land from one Gopal Chandra Shil by a kabala executed on 7.2.75 and registered on 19.5.75 and since then she has been possessing the same. DefenÂ......on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior AdvoÂcate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent Nos. 2 to 4. Civil Appeal No. 26 of 1986. (From the Judgement and......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....No. 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70. The said Misc. Case was allowed ex-parte with cost on 3.5.1986. The appellant alleged that he came to know about the same on 20.6.19...... 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70. The said Misc. Case was allowed ex-parte with cost on 3.5.1986. The appellant alleged that he came to know about the same on 20.6.1986.......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....y this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: M......on case shall proceed in accordance with law…………………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record— For the apÂpellants. Ex parte—Respondents. Civil Appeal No. 40 of 1985 Judgement: A.T.M. Afzal J. - The appellan......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....he original is not available, reason for non availability must be given…………………..(14) Though objection was not raised when the Photostat copy was filed, the party producing it was not exempted from explaining in the course of recording evidence, why the original was not produced. Bes......alik, Advocate-on-Record—For the Respondents Nos. 1-4 (In both the appeals). Ranadhir Sen, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record —For the respondent No. 5. Ex-parte— Respondents Nos. 6, 7, 8(1) to 8 (5) and 9-11. Civil Appeals Nos. 77 and 78 of 1984 J......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....ther...................Appellants Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens t...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
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