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Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... entirely in the hands of the relevant authority. The court does not sit on appeal on the judgment of or the materials before the selection board. It is well-known that equality of opportunity in public employment is a fundamental right under the Constitution but there is no vested right to pr......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
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... oath of office under section 10 and the form of the oath that has been given in the section itself is to say the least is something unique because he not only takes the oath of allegiance to the republic but also takes oath for discharging his duties faithfully and fearlessly and to act fairly ......s: Ex-Officio (ex of-fishe-o). From or by virtue of the office. A right or privilege in an office arising from one's status as the holder of another office, for example, the right of a justice of the peace membership on a town board. Mozlery & Whiteley's Law Dictionary, 9th Edition page f 26 defines..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....ereto as well as against the rest of the world, that is, it is a judgment in rem as distinguished from a judgment in personam. Under section 42 a judgment is relevant if it relates to any matter of public nature but it is not a conclusive proof of the fact it states. None of these sections, 40, 41......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)
.... 9 & 10: Civil Appeal No. 9 of 1987 Judgement: Shahabuddin Ahmed J. — Plaintiffs are the appellants and this appeal has been brought by special leave to consider a question of considerable public importance. It is whether a co-sharer in ejmali property, when he has been in exclusive posse...... 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
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....he suit pathway from time immemorial and the pathway leads to the main road of the locality. They made improvement of the same at their own costs and it is the only and unavoidable way to reach the public road. The suit pathway had been recorded wrongly as cultivable land along with its contiguous...... that mere existence of a pathway or the fact of its user even for a long time does not give rise to a right of easement unless there is clear evidence to show that the right of way was exercised peaceably and openly as of right and without interruption for a period of 20 years. In this view of ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....989. Civil Appeal No. 8 of 1989. Civil Appeal No. 17 of 1989. Judgment Badrul Haider Chowdhury J. — These appeals were heard analogously in a bunch since a common question of law of public importance has been raised as to the interpretation of Rule 70 of the Union Parishad (Electio...... jurisdiction of writ. Civil Appeal No. 40 of 1988. A.F.M. Shah Alam vs. Mujibul Huq and others. In this case the Presiding Officer submitted his report on 10.2.88 stating that the poll was peacefully held. He also sent a "TA" Form which shows Mujibul Huq, the petitioner received highest v..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
.... years, and whether the High Court Division erred in law in not considering that the Civil Court had no jurisdiction to entertain the suit in view of Art. 117(2) of the Constitution of the People's Republic of Bangladesh and the Administrative Tribunal Act, 1980. Subsequently the appellant filed an ......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....tion 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot close down such a shop for indefinite period. It should not only be ......(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot close down such a shop for indefinite period. It should not only be the con..Category: Others | Date: | Hits: 125
....urning Officer, District Education Officer-in-charge, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), se......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
..
Category: Election Law | Date: | Hits: 212
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... Consequently, her interest in the land and building stood transferred to the appellant who thereupon converted all his assets into a proprietorship and mutated his name accordingly in all relevant public documents. The decision of the High Court Division in respect of this point is erroneous sinc...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....nd that the execution of the kabala were made for the purpose of stifling a criminal case and as such it is hit by section 23 of the Contract Act because the transaction is unlawful and against the public policy. The appellate Court below noticed the Criminal proceeding under sections 380 and 14...... "In could, in no sense be contrary to public policy that persons concerned in a dispute about land should settle their dispute so as to avoid any future danger of a breach of the peace. The provisions, of section 145 deal with an inquiry primarily into possession over pro..Category: Property Law | Date: | Hits: 42
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....nd (d). The properties is given to his possession, custody and management and the Court confers such power as emphasised in clause (d). The receiver is therefore an officer of the Court, is a public officer. He is a custodian of the properties by the order of the Court and since he is an of......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....appellant was appointed mutawalli of the Bhatipara Waqf Estate—E.C. No 11917—and he has been performing his duties as such since 30 April 1974. Three beneficiaries and one member of the public filed a petition against him on 23 November 1981 before the Administrator bringing some alle......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ncluded relief to the poor, promotion of education, establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also carried on by......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....eased to falsely prosecute the husband and father-in-law of the deceased under section 302 of the Penal Code. He, therefore, committed forgery, falsification of record and criminal misconduct as a public servant punishable under the aforesaid offences. 4. Defence was that the petitioner......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..Category: Criminal Law | Date: | Hits: 58
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....arned Judges: "There was not a tinge of remorse or repentance in the affidavit for what had happened. On the contrary, he came up with defiant justification for his role in the matter. If a public servant is allowed to conduct himself in such manner then it is bound to undermine the confi......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....llenge the legality of the detention. 6. Section 491 of the Code of Criminal Procedure is a summary procedure for enquiry as to whether a person is illegally or improperly detained in public or private custody and if it is so found the Court would direct the release of such a perso...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ..Category: Criminal Law | Date: | Hits: 58
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....-11-1982 passed by the High Court Division, Dhaka in Criminal Revision No. 323 of 1982.) Judgment Shahabuddin Ahmed J.- The question involved in this appeal appears to be of considerable public importance, and it is, under what circumstances a second complaint may be entertained after d......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...... same the respondent filed a petition before S.Z.M.L.A. who again direct in the 2nd party to hand over the possession to the appellant. 4. As serious apprehension of breach of peace arose over the possession of the hotel, the appellant filed an application before the Chief M..Category: Criminal Law | Date: | Hits: 75
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