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Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....by section 90 on a transfer of the holding of a raiyat or of any share or portion thereof; and the period for which such complete usufructuary mortgage may be entered into by any raiyat shall not exceed, by any agreement, express or implied, seven years: Provided that any such usu......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......he Additional Deputy Commissioner. The petitioners thereafter preferred appeals to the Land Appeal Board. The appeals were dismissed for default. The petitioners prayed for review of the orders of dismissal. The said Board took the view that since the agreements for reconveyance were not registe..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....tition. 3. The defendant-appellants in their written statement upon denying the allegations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......efendant-appellants is from the judgment and order dated 4-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 497 of 1990, setting aside the concurrent decree of dismissal of Title Suit No. 106 of 1977 of the Court of Subordinate Judge, Kushtia by judgme..Category: Property Law | Date: | Hits: 77
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....lant would enjoy the usufruct the land for 5 years with effect from first Ashar 1371 BS to Agrahayan 1376 BS and if the respond could return the entire consideration money to appellant within the next 2 years starting from month of Poush 1376 BS to the month of Agrahayan 1378 BS then the respond......ondent No. 4 filed RP case No. 67 of 1973 on 25.6.1973 against the appellant for redemption of the land in question wider the previsions of said Presidents Order No. 88 of 1972 which was allowed ex parte on 15-6-1974. 4. The appellant filed writ petition No. 1074 of 1974 impugning ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....rust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ... (25) Arti......d Esher, MR in Re Reed Bowen and Co. (1887) 19 QBD 174; Durayappah vs. Fernando, (1967) 2 AC 337; Giasuddin Bhuiyan vs. Bangladesh, 1(198 1) BCR (AD) 81; RS Secretary of State for the Environment, ex parte Rose Theatre Trust Co (QBD) [990] 1 All ER 754 and Muntizma Committee vs. Director Kaichi Ahad......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....legal proceeding, when the right to sue survives. From the date of acceptance of the appellants’ application for prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff in the case record. An error on the face of the record had been...... of appellant Nos.1 to 5 and 7 and husband of appellant No.6 instituted Miscellaneous Case No.79 (A) of 1984, under Order IX Rule 9 of the Code of Civil Procedure, praying for setting aside the ex parte dismissal of the aforesaid suit for default. During pendency of the said Miscellaneous Case, ......pellant Nos.1 to 5 and 7 and husband of appellant No.6 instituted Miscellaneous Case No.79 (A) of 1984, under Order IX Rule 9 of the Code of Civil Procedure, praying for setting aside the ex parte dismissal of the aforesaid suit for default. During pendency of the said Miscellaneous Case, the so..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....trative Appellate Tribunal. 7. Mr. Md. Mozaffer Hossain, learned Advocate appearing for the petitioner submits only one point namely that the order of dismissal from service was not expressly made in the name of the President Bangladesh or by his order. It is therefore violative o......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......oved with opportunity to defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8) ..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....rinciple of law that fraud vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree……......ciple of law that fraud vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree…….(1......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ellip;….Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second pro......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......d within the prescribed period of 120 days the proceeding ended automatically and thereby respondent No.1 stood released from the said charges. He did not join thereafter in service, even after the dismissal of the aforesaid appeal on 20-8-85. Then on 20-4-86 he was charged afresh under Rule 3(..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ted two Certificate Cases in the Court of General Certificate Officer, Comilla, being, Certificate Case Nos.318 and 319/1986-87 for an amount of Taka 4,5,81,646.00 and Taka 32,22,646.50 along with expenses being the claim of Bangladesh Krishi Bank. The General Certification Officer, Comilla issu......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and c......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... Mahbubuddin Ahmed……...Respondents. Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on th..Category: Administrative Law | Date: | Hits: 125
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......Ali, Advocate-on-Record-For the Appellants. Abdul Quayam, Advocate, (appeared with the leave of the Court) instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents. Ex-parte—For the Respondent Nos. 2, 4-7. Not represented—For the Respondent Nos. 8-42. Civi...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....1st, 1997. The Penal Code, 1860 (XLV of 1860) Sections 96—106 Right of Private Defence Under section 100 of the Penal Code the right of private defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right......leaving behind 5 sons and 2 daughters. The informant and his brother claimed inheritance through the two daughters of Abed Pradhan, They had no possession in the disputed land. They obtained an ex parte decree in a partition suit against which a miscellaneous case under Order IX rule 13 C.P.C. i......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....3), Section 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Parishad or against any member thereof. The petitioner under the rule is not exempted from issuance of such a notice himself being an employee of the Union Parishad…&hel......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......im from service, which was approved by the Local Upazila Nirbahi Officer. 2. The petitioner filed Title Suit No.69 of 1987 in the Court of Assistant Judge, Banaripara challenging his dismissal from service. This suit was contested by the Chairman of the Union Parishad-defendant res..Category: Employment/Service Law | Date: | Hits: 94
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....7 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-serv...... The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..Category: Property Law | Date: | Hits: 74
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....h court. It was also their case that defendant No. 1 had sold a portion of the said land to defendant Nos. 2-3 who had since been in possession of the same and that defendant No. 1 had obtained an ex parte decree in Title Suit No. 59 of 1962 in respect of the land in question. 4. T......ourt. It was also their case that defendant No. 1 had sold a portion of the said land to defendant Nos. 2-3 who had since been in possession of the same and that defendant No. 1 had obtained an ex parte decree in Title Suit No. 59 of 1962 in respect of the land in question. 4. The ......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....d under article 50. But it appears that besides the necessary parties, as mentioned in the said Article, the Returning Officer and the Assistant Returning Officers have also been joined as parties in excess of the requirements of the said article. Learned Counsel has tried to argue that the joinder ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......visional Election Tribunal, Dhaka. 4. By an application dated 4 August 1997 the petitioner raised certain preliminary objections to the maintainability of the election petition and prayed for its dismissal under article 58(a) of the Representation of the People Order, 1972, hereinafter referred ..Category: Election Law | Date: | Hits: 168
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....……………(4) The plaintiffs’ suit was dismissed and the withdrawal of the suit without any permission to sue afresh will not prejudice any vested interest of the defendants who cannot be vexed with any further litigation on the same cause of action……………..(5) Cases Referred ......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ...... an error of law in setting aside the concurrent judgment and decree of the Courts below while according permission to withdraw the suit inasmuch as the right which vested in them under the decree of dismissal would be defeated. 4. We have considered the language of Order 23, rule 1(1) of the C..Category: Property Law | Date: | Hits: 77
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
.... petition is dismissed. Equity Intervention of the Deputy Commissioner in reinstating the incumbent through magistrate may have been outside of the framework of the statute but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......entory of the records and materials found in the office room of the Headmaster. 5. The High Court Division found that during the pendency of the appeal there was no order of stay of the decree of dismissal of the trial Court. It was found in the said suit that the resignation letter of responden..Category: Employment/Service Law | Date: | Hits: 115
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....n his office a tie-rod from a disordered vehicle of the office with a view to misappropriating the same. The third charge established is that he had used at random vehicles that were meant for use in extinguishing fire. The fourth charge established is that he had drawn traveling allowances during t...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approva..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....40 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context prayer for fresh arbitration is not tenable…………(13) Misconduct on the part of the arb......der on 5-1-92 in Civil Revision No.62 of 1992. But curiously enough it never cared to inform even its own nominee about the stay order thinned by it and the result was that the arbitrators made an ex parte award and filed the same in Court on 15-1-92. The appellant argued in the High Court Division ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
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