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Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
.... to an individual member to perform functions of his office in his absence as Acting Chief Election Commission cannot authorize him, in the absence of authorization from the Commission it self, to exercise and perform any powers and functions under the Order. As such impugned order of the Acting......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......r and there the suspension by the Port Manager was a nullity. (2) In the case of Vine vs. National Dock Labour Board, 1956 (3) All England Law Reports 939, the dismissal order of the Plaintiff was set aside as the local board had no authority to delegate its..Category: Election Law | Date: | Hits: 144
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....ferred an appeal to appellant No. 1 who dismissed the appeal by his order dated 29-1-1994. Thereafter the respondent filed aforesaid AT Case alleging that he was not given any opportunity to cross-examine the witnesses from the prosecution and also was not allowed to examine his own witnesses an......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ...... The Constitution of Bangladesh, 1972, Article 135 The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show ..Category: Administrative Law | Date: | Hits: 137
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....he Government under section 7A of the Ordinance as amended in 1982. Therefore the appellant could not go to the Tribunal unless the Government took a decision in the matter which was evidently in the exercise of its revisional power under section 7A. The Administrative Appellate Tribunal was therefo......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......d from service, following a departmental enquiry, by order dated 2.8.1988 passed by the Deputy Inspector General of Police, Khulna Range, respondent No.3. He filed an appeal against the said order of dismissal which was dismissed by the Inspector General of Police, respondent No. 1 by order dated 21..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....fic performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255 of 1985. The suit was decreed ex parte in favour of the plaintiff‑respondent. In Title Execution Case No.95 of 1985 of the ...... performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255 of 1985. The suit was decreed ex parte in favour of the plaintiff‑respondent. In Title Execution Case No.95 of 1985 of the Fou......y entitled to any benefit by way of restitution or otherwise is entitled to possession. This being the mandate of law and the learned Judges of the High Court Division having clearly held that the dismissal of the miscellaneous case was made on an erroneous view of law the appellant is entitled ..Category: Property Law | Date: | Hits: 68
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
.... and, as such, it would not be reasonable to appoint him, one step below, in the post of General Manager and that he would be the junior most General Manager and there might be administrative complexities for absorbing him in that post of Director. The administrative Ministry might absorb the ap......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......ur and, accordingly, under section 21 of the General Clauses Act the Government was competent to cancel it allowing the appellant to continue in his previous position without any order of removal, dismissal or reduction in tank. 4. The case of the Ministry of Energy is, that on the appell..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....or sale of the said property at a consideration of Taka 12,000.00 of which he received Taka 11,500.00 and upon which he delivered all the documents and papers to the appellant with an assurance to execute and register a proper deed of conveyance after completing all formalities but subsequently ......te, (AJ Mohammad Ali and Harunur Rashid, Advocates with him) instructed by Md. Nawab Ali, Advocate‑on-Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Addi......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....l this house to the respondent for a consideration of Taka 8 lakh out of which he received Taka. 6 lakh and handed over his tide deeds to the respondent; it was stipulated that the appellant would execute and register a necessary sale‑deed by obtaining income‑tax and gain‑tax c......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......ion and benefactor, Asgar Hossain (PW 4). Admittedly, Asgar Hossain had helped the appellant during the days of his difficulties; it is Asgar Hossain who had advised the appellant to challenge his dismissal from service by filing a writ petition and it is Asgar Hossain who had provided the money..Category: Property Law | Date: | Hits: 69
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....uct of the property then in that case a limited interest is created for a particular time and, therefore, conditions can be attached to it such as the reversion of the property to the donor after the expiry of the limited period………………(10 & 11) Cases Referred to- Nawazish......espect of 0.50 acres of land that he purchased from the heirs of Aser Mondal. 4. In decreeing the suit in preliminary form against defendant No. 12 and in presence of defendant No. 13 and ex parte against the rest, the trial Court considered the deed of gift Ext. 1 and accepted the same as ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....no building construction or housing scheme therein is allowed unless it is approved by the DIT. That is why the appellant got its housing project approved by the DIT as far back as 4 October 1978 (Annexure‑A). Thereafter, the appellant, as directed by the DIT, submitted its Layout Plan which was a......iability to carry out the promise "on some indefinite and undisclosed ground of necessity or expediency", nor can the Government claim to be the sole judge of its liability and repudiate it "on an ex parte appraisement of the circumstances". If the government wants to resist the liability, it will h......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....ties were directed to be ready for hearing. The defendants or their engaged lawyers did not file any hajira and did not take any steps in the matter. The learned Assistant Judge hearing the matter ex parte on 25.11.90 and in a detailed and exhaustive order dated 29.11.90 found that the defendan......s were directed to be ready for hearing. The defendants or their engaged lawyers did not file any hajira and did not take any steps in the matter. The learned Assistant Judge hearing the matter ex parte on 25.11.90 and in a detailed and exhaustive order dated 29.11.90 found that the defendants,......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993)......In Civil Appeal Nos. 16 & 17 of 1996). AW Bhuiyan, Additional Attorney-General and B Hossain, Deputy Attorney-General — Amicus Curiae (In Civil Appeal Nos. 76 of 1993). Ex-parte — Respondent No. 1, 8-9 (In Civil Appeal Nos. 77 of 1993) Ex-parte — Respo......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....owing from friends and relations. He has been living therein since 1987. On 5-5-94 the Authorised Officer of the present Rajdhani Unnayan Kartripakkha, shortly Kartripakkha, issued him a notice (Annexure C) asking him to show any sanctioned plot which he may have had in respect of the said four ......ellip;………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. (From the judgment and Order d......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....Judge directing the production of certain books. During the pendency of the matter in the Chief Court several of the parties died and substitutions were made in the proceeding in the Chief Court on ex parte applications. Then after the record when back from the Chief Court to the District Judge a......ge directing the production of certain books. During the pendency of the matter in the Chief Court several of the parties died and substitutions were made in the proceeding in the Chief Court on ex parte applications. Then after the record when back from the Chief Court to the District Judge an ...... to substitution of the legal representatives of a deceased party in a suit arc provided in rules 3 and 4 of Order XXII of the Code of Civil Procedure. The provision for setting aside abatement or dismissal of a suit is provided in rule 9. A rule of substitution, however, which is not provided i..Category: Property Law | Date: | Hits: 70
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
.... stating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 impleaded those purchase as defendant Nos. 30-36. The Suit was ultimately decreed exparte on 28-1-1985. 3. Thereafter the appellant preferred Miscellaneous Case No.79 of 1986......tating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 impleaded those purchase as defendant Nos. 30-36. The Suit was ultimately decreed exparte on 28-1-1985. 3. Thereafter the appellant preferred Miscellaneous Case No.79 of 1986 u......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....nd order dated 26.6.89 passed by a learned Single Bench of the High Court Division. Rangpur Bench in Civil Revision No.399 of 1984, discharging the Rule. 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 1959 from the 2nd Court of Munsif, Pabna. He instit......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and that the execution case was barred by limitation as it was not filed within 3 years of dismissal of OC Execution Case No.15 of 1967 on 6.4.68. The appellant’s further case was that..Category: Civil Law | Date: | Hits: 133
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
...., keeping undisturbed all the other reliefs granted to the appellant. The High Court Division allowed maintenance to the appellant with effect from the date of filing of the case i.e. 6.1.86 till the expiry of 3 months from the date of decree of the trial Court (31.5.86) and also granted maintenance......h will prevail over the time-limit, if contrary, provided by the Code of Civil Procedure. Under sub-section (6) of section 9 a defendant may apply to the Court for setting aside a decree passed ex parte against him within 30 days of the passing of the decree and sub-section (7) of section 9 provi......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....dition of re-purchase. After some time Begumjan received Taka 99.00 from defendant Nos. 1-3 and relinquished her personal right to re-purchase the suit land and so the alleged right of redemption was extinguished. The suit suffered from defect of parties for non-joinder of one Abdul Hakim who purcha...... with him), instructed by Sharifuddin Chaklader, Advocate- on-Record - For the Appellant. SR Pal, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For Respondent No.1. Ex parte - Respondent Nos. 2-10. Civil Appeal No. 89 of 1990. (From the Judgment and Order date......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illega......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....took steps for publishing the contents of the said letters to a newspaper and to a periodical alleging that the respondent indulged in corruption while serving in the said Sangstha. 3. After examining the respondent on oath under section 200 Cr. P. C. the Chief Metropolitan Magistrat......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......hat the ingredients of sections 500/501 of the Penal Code were present, but the learned Magistrate could not take cognizance without obtaining sanction under section 197 Cr. P. C. and, as such, the dismissal under section 203 Cr. P. C. was maintainable. The complainant-respondent may take ..Category: Criminal Law | Date: | Hits: 60
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....within the section 2(8)(b) of the Ordinance. Mr. Bhuiyan submitted that such observation of the High Court Division in the impugned judgments has caused prejudice to the concerned workers and to that extent the impugned judgment needs to be modified. 4. A short question is to be answered in this......Result: The appeal is allowed. Judgment June 28, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Respondents. Civil Appeal No. 39 of 1991. (From the Judgment and order dated, 2......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
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