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Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....etitioner was absorbed under the directorate of population control and Family Planning. After seven years of service, he was appointed as Thana Family Planning Officer on 1-3-1978 by a competitive examination through Public Service Commission. While he was serving as Thana Family Planning Office......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ew of the provisions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the jurisdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal from service to the reduction in rank of the respondent. The Appeal has no merit and it i..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....locate the vessel with naval, gunboat BNS Tamjeed and at 9-00 PM saw the vessel MV Alba in anchorage in the sea surrounded by fishing trawlers. Most of said trawlers on seeing the gunboat fled away except MV Shah Amanat and when the gunboat BNS Tamjeed was busy in arresting MV Shah Amanat, MV Alb......ructed by B Hossain, Advocate-on-Record—For the Appellants. Mahbubur Rahman, Senior Advocate instructed by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judg...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... Suit No. 123 of 1990 was dismissed on the ground of limitation and other grounds and that Title Suit No. 14 of 1991 was dismissed on the ground that the same was hit by principle of res judicata. Next, Mr. Md. Fazlul Karim has argued that the High Court Division in its judgment did not give any......ocate-on-Record—For Respondent No. 1. Md. Aftab Hossain, Advocate-on-Record — For Respondent Nos. 9-12. Dispensed with— Respondent Nos. 2-5 & 17-20. Ex parte—Respondent Nos. 6-8 & 13-16. Civil Appeal Nos. 18 & 19 of 1999. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
.... Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 1972 leaving behind three legal heirs and successo......rs, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For the Appellant Ex parte—the Respondents. Civil Appeal No. 142 of 2002. (From the judgment an......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....ispute his wife was attacked and injured by miscreants, he on verbal permission from his office left for home at Khulna by filing petition for 10 days leave and thereafter, he sent application for extension of leave for 30 days but was not informed as to whether leave was sanctioned or not, then......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......efence and then on inquiry, charges against him were established and second notice was also served upon him with copy of the inquiry report to which he did not give any reply and then the order of dismissal was passed and the appeal of the respondent was also rejected after due consideration. ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....elow and submits, inter alia, that there is serious error of law committed by the High Court Division and that the courts below did not consider that the two police persons went on patrol duty and in execution of the warrant of arrest and that during the alleged occurrence they discharged their duty......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......d may impose on such police-officer any of the penalties mentioned in section 5." "5. Penalties.—The following shall be the penalties) which may be imposed under this Ordinance, namely, (a) dismissal from service; (b removal from service; (c) discharge from service; (d) compuls..Category: Criminal Law | Date: | Hits: 78
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....not be enlarged on bail till the disposal of the appeal. The Rule was discharged by the impugned order. The petitioners submit that when there is no likelihood of the hearing of the appeal within next three years and there is a genuine apprehension that petitioners may serve out their sentences ......spondent Judgment July 25th, 1991. Lawyers Involved: Alimuzzaman Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (Fro......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....d another suit for mesne profits on April 8, 1961 in the same court for assessment of the damages since 1958 for being kept out of possession and till the defendants are evicted by the Court in execution of the decree that was obtained in the suit of 1952. The defendants filed written statem......s and is still pending for final disposal before the executing Court.’’ ‘‘The mesne profits suit was also delayed till 1984, when the same was decreed ex parte, but subsequently on the prayer of the defendants the suit was restored to its original file......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years was executed between the former DIT and respondent No. 4 on 26.4.80 and was registered on 2.5.80 in res......e-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For respondent Nos. 1‑3 in CA No. 7 of 1992. Ex parte ‑ Respondent Nos. 1-4 in CA No. 56/90. Ex parte ‑ Respondent No. 4 in CA N......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....which the deceased defendant was the petitioner, is illegal, the appellants' right of monthly tenancy not being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assista......ch the deceased defendant was the petitioner, is illegal, the appellants' right of monthly tenancy not being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....al Judges had no jurisdiction to transfer the cases. One of the two grounds shown by the High Court Division for this view is that the territorial jurisdiction of a Senior Special Judge is co‑extensive with that of the Divisional Special Judge i.e. the territorial jurisdiction of the Divisi......udgement May 3rd, 1992. Lawyers Involved: A. Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate‑on- Record-For the Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and o...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....made as they are in CA No. 100/90. In order to appreciate the dispute between the parties, one has to look back to see the origin of the Match Factories concerned and their gradual evolution which exercise, it must be said, has been ably done by the learned Judge in the impugned judgment. ......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ...... cause as under sub‑section (2) of section 46 and as such the petition of respondent Nos. 1‑3 was not maintainable. The findings made by the learned Judge himself were sufficient for a dismissal of the application. 25. It, however, remains to be considered whether the directio..Category: Intellectual Property Law | Date: | Hits: 227
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....y in terms of the order of the Appellate Tribunal, issued second show cause notice to the petitioner accompanied by a copy of the inquiry report (which report was not supplied earlier and to which exception was taken by the Appellate Tribunal) and again removed the petitioner from service by ord...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......Tribunal. Once the authority decided to hold a further inquiry the Government Servant "shall be deemed to have been placed under suspension by the authority from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until fur..Category: Administrative Law | Date: | Hits: 123
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....Affidavit‑in‑Opposition of the contemner‑ Awlad Hossain, came to the conclusion that the appellant's allegations and report of the process server were false and fabricated but the explanations of the contemner were true and on that basis, discharged both the Contempt Rules, by ...... Court, instructed by Ataul Huq, Advocate‑on‑ Record ‑For the Appellant. B Hossain, Advocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgm......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....d of Schedule 1 to the plaint belonged to Abdul Hakim and others in raiyati interest under landlord Badruddoza Chowdhury who obtained a rent decree in RS No. 780 of 1934 against the tenants and in execution thereof in Execution Case No. 721 of 1935 auction purchased the holding for Rs. 25/‑......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......concur with the judgment of Mustafa Karnal, J. Mustafa Kamal J: Defendant No. 3 is the appellant in this appeal by special leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the learned Munsif, Cox..Category: Property Law | Date: | Hits: 52
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....way of temporary injunction the High Court Division was correct in disturbing the same in revision and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors should have been relied upon in the face of a registered d......ocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Mvi. Md. Wahidullah, Advocate‑on‑Record For the Respondent No.1. Ex‑parte ‑ Respondent Nos. 2.15. Civil Appeal No. 69 of 1986 (From the Judgment......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 106
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....m service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abando...... Review of Administrative Action, SA DE Smith (Third Edition, 1973) says as follows at page 172: "In a large majority of the reported cases where breach of the audi alteram partem rule has been alleged, no notice whatsoever of the action taken or proposed to be taken was......Subordinate Judge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ase, inter alia, is that some of the present defendants and the predecessors of some other defendants took settlement of ‑/12/annas share of schedule 1 land from Ramanath Ghosh Estate by executing a registered Kabuliyat dated 24th Jaistha, 1321 BS (certified copy Ext. B) but possessed ......‑ Record ‑For the Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex‑parte ‑ Respondents 5‑28. Civil Appeal No. 37 of 1987 (From the Judgment and......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....peal No. 90 of 1987 reversing the judgment and decree of the learned Munsif, Additional Court, Dhaka dated 23‑3‑87 in Title Suit No. 272 of 1986. 2. Respondent No. 1 obtained an ex parte decree on 30‑5‑84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dh......l No. 90 of 1987 reversing the judgment and decree of the learned Munsif, Additional Court, Dhaka dated 23‑3‑87 in Title Suit No. 272 of 1986. 2. Respondent No. 1 obtained an ex parte decree on 30‑5‑84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....tiffs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ex parte decree in Rent Suit No. 952 of 1948 in the Fourth Court of Munsif, Patuakhali, for realisa......fs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ex parte decree in Rent Suit No. 952 of 1948 in the Fourth Court of Munsif, Patuakhali, for realisatio......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
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