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Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......ssion of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Government; while the said Md. Hanif and his wife and sons were in ......' List is not illegal and further Md. Hanif, being out of possession from the above house since March 1972, under the provisions of section 2(1) of the Bangladesh Abandoned Properties (Control, Management and Disposal) Order, 1972, P.O. 16 of 1972, the above house came within the mischief of the..Category: Property Law | Date: | Hits: 30
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......duced and therefore it could not have been shown that the plaintiff, among others, prayed for a decree allowing him to continue in his service of the Bank with entire financial benefits including wages, compensation, damage, rank etc. Mr. Bhuiyan also submits that there was neither any plea..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......trument of whatever nature in relation to ESSO undertaking subsisting and having effect immediately before the appointed day to which ESSO is a party or which are in favour of ESSO shall be of as full force and effect against or in favour of the Government and may be enforced and acted upon as......1. Their further case is that defendant No.2's predecessor ESSO Eastern Company took lease of the suit land from its owner and constructed structures thereon and when defendant No. 2 took over the management of ESSO Eastern Company they continued with the business in the suit land. 4. Case of..Category: Tenancy Law | Date: | Hits: 149
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......s claim for residence grant etc. shall be settled after his joining the duty and the writ respondents (appellants herein) shall be under legal obligation to refund all his entitlements, back wages with other allowances to which the writ petitioner is legally entitled. 3. Respondent N..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......payment of the major dues by the writ petitioners in pursuance of the offer of the Corporation to go on voluntary retirement, the writ petitioners waived the initial offer of retirement after full payment of their dues and that the High Court Division has committed any error of law in setti......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......nsistencies. 4. In the instant case the universal norms of freedom respecting rights of leaving the country and returning have been recognized in Article 36 of our Constitution. Therefore there is full application of Article 13 of the Universal Declaration of Human Rights of the facts of this cas......earned brother A.M. Mahmudur Rahman, J. and the supplement thereto written by my learned brother B.B. Roy Choudhury, J. I agree with them. Bimalendu Bikash Roy Choudhury J.- I have had the advantage of reading the judgment in draft of my learned bother A.M. Mahmudur Rahman, J. I agree with his ..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......t of law. More so, because the respondents contested the case and did not object to the non-joinder of Sonali Bank as a party before the Administrative Tribunal, taking upon themselves the full responsibility of the outcome of the litigation. It is only at the appellate stage that this ......t to the non-joinder of Sonali Bank as a party before the Administrative Tribunal, taking upon themselves the full responsibility of the outcome of the litigation. It is only at the appellate stage that this objection was taken and the technical error in the draftsmanship of the petition by ..Category: Administrative Law | Date: | Hits: 124
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......that the learned single Judge failed to appreciate the fact that the welfare of the minors will be well guaranteed if they are given better education and allowed them to put in a good well managed residential model school in Dhaka at the cost of the father and also the submission that in vi..Category: Family Law | Date: | Hits: 161
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......such this point is also concluded in favour of the Preemptors. But judgment of the trial Court does not clearly show if the consideration of both the kabalas under pre-emption has been deposited in full. If not it shall have to be deposited at once. 5. The main contention of Mr. Mahbubudd......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ent and Remembrance of Legal Affairs, Government of East Pakistan (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422, the court laid down guiding principles in a criminal case. It observed: "It is that the full facts and circumstances of a case are laid open before a trial Court and thereby come within ......it of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Go..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... denied any need to review the judgment concerned. Here of course, he assumed the role of his party's Counsel. His reasons are, briefly, that all the questions involved in the "aforesaid-appeals were fully examined, discussed and considered in the judgment concerned, and in doing so no materials hav......mainly between two brothers, Mujibur Rahman Sikder, the elder brother and Mahbubur Rahman Sikder, the younger brother. Mujibur Rahman Sikder is the managing partner having over-all charge of the management of the firm and its business and the other partners including Mahbubur Rahman Sikder are to ..Category: Constitutional Law | Date: | Hits: 149
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed 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: 37 DLR (AD) 71. ......equent court-sale - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legislate retrospectively and prospectively.” Hamoodur Rah...... On the ground of equity and justice the appellant's vested right by court-sale should not have been affected by a subsequent enactment. But in view of express language of the amending statute the Court cannot give a ..Category: Others | Date: | Hits: 86
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......shy;session was delivered layout plan was prepared and on the basis of the layout plan the construction of the Shishu Park was completed and the park was opened for the General Public with the full satisfaction of the all concerned and that there is no allegation within long span of tim......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......out pension of the petitioner inasmuch the matter is governed by the pension Rules of the respondent No.2 where the petitioner rendered more than 25 years of service and as such, is entitled to get full pension benefit. 5. It appears from the record that the petitioner was serving un......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......e and in the name of Samina’s to the extent of 14(fourteen) annas share. That record was wrongly prepared. The defendant Nos. 3-7 are heirs of Manulla Amena and Mariyam husband Baura and full paternal uncle's son named Kala Sheikh. In this way Kalu inherited 6(six) annas share; that d......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. 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: II ADC (2005) 342. ......ed her to appear in person before the court. 4. Leave was granted to consider whether in the facts and circumstances of the case the High Court Division committed an error of law in granting full relief to the defendant respondent without issuing any Rule upon the plaintiffs and without he......ever, any order as to cost. 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: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......meaning of the Usurious Loans Act, 1918." 15. Before the aforesaid observation of the Federal Court is appreciated it will be useful to quote Rule 11 of Order 34 C. P.C in full, as inserted by Act 21 of 1929. "11. in any decree passed in suit for for......h Court Division in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente l..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......nal and inadvertent act/ omission; the appellants after receiving the copy of the above judgment dated 8.3.99 passed in above Criminal Misc. (Contempt) Case consulted proper lawyer and then being full of remorse threw themselves at the mercy of the court by way of filing the above review petitio......to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka during the relevant period. 3. The respondent No. 1 filed the above Criminal..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......precedent. Subsequently this view was modified in M/s. Mohammad Brothers Vs. The Collector of Customs, 16 BLD (AD) 83. It was observed in that case: "The fact that petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There a......pur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of Mutawalli on the ground of breach of trust, misappropriation and his management of the waqf properties. The appellant who is a great grandson of the Waqif was then made Mut..Category: Trust/Waqf Law | Date: | Hits: 190
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ...... Chairman of TCB after having considered the enquiry report and other papers and documents differed with the Enquiry Officer and gave his reasons for so differing point by point in an office note, fully quoted in the written statement, and decided to impose the punishment of removal and accordin......usly by the High Court Division. 15. Mr. Abdur Rab-I, learned Advocate-on-Record for the plaintiff-respondent submits now, which was never the case of the plaintiff-respondent at any stage, that in the second show cause notice dated 26-12-82 the TCB authority stated a certain charge ..Category: Employment/Service Law | Date: | Hits: 69
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