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Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......hstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under article 102 itself the High Court Division is yet entitled to exercise its power of judicial review under article 102 if the action complained of before the High Court D...... Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred to: Mujibur Rahman Vs Bangladesh 44 DLR (AD) 111; Taleb Vs. Bangladesh 45 DLR(AD) 45; Ehtes......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......he submissions made on behalf of the appellant assailing the Rules to be ultra vires of the Constitution held that the said Rules was not inconsistent with Article 27 nor was made in excess of the power conferred upon the President under Article 133 of the Constitution. The Rules was found to be......ppeal No. 14 of 1992) Secretary, Ministry of Establishment Division and ors.......Respondents. (In Civil Appeal No. 65 of 1992) Judgment February 8, 1994. Cases Referred to- Zainal Abedin Vs. Bangladesh 34 DLR (HCD) 77; B.S. Yadav Vs. State of Haryana AIR 1981 ......0 and writ petition No.51 of 1990 renumbered as W.P. No.1494 of 1991 respectively). Judgment ATM Afzal J.- Civil Appeal No. 14 of 1992 has been filed as of right following certificate granted by the High Court Division under Article 103 (2)(a) of the constitution in Writ Petition No..Category: Employment/Service Law | Date: | Hits: 106
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......hman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 passed by ......000 and 10.08.2000. In the meantime on 06.08.2000 the accused petitioner No.1 voluntarily surrendered before the learned Magistrate with a prayer for bail and the learned Magistrate was pleased to grant bail. Thereafter, the accused petitioner No. 2 on 10.08.2000 voluntarily appeared before the ..Category: Criminal Law | Date: | Hits: 41
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......ment of rent to the Government and enjoying the usufructs and have thereby acquired a better title by adverse possession. But the defendant Nos.1 and 2 created a fraudulent and collusive power of attorney in their favour allegedly executed by Sudhir Kumar Roy in India 1965 and on the b...... Involved: Abdus Salam Mondal, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Cou......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ..Category: Property Law | Date: | Hits: 23
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
.... the lease in favour of the present petitioner was found as a genuine one, the High Court Division committed error is not vacating the order of status-quo; that the interim order of this court is a discretionary remedy providing protection to a person who has bonafide established his ca......5 granted lease in favour of the respondent No.3 petitioner and hence the writ petition. 3. The rule was contested by the respondent No.3- petitioner and respondent No.2 by filling power. Thereafter the present petitioner and respondent and respondent No.2 jointly filed applicati...... Joynul Abedin J Md. Hassan Ameen J Md. Matiur Rahman............Respondent No. 3- Petitioner Vs. Md. Shah Alam and others........Respondents Judgment October 4, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Peti...... petitioner filed a writ petition challenging Memo No. 327/2 dated 06.04.2005 issued by the respondent No.2 canceling lease of the petitioner and order contained in Memo No. 329/1 dated 11.04.2005 granting lease in favour of the respondent. The High Court Division after hearing the writ-peti..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ......y Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by the High C......up to the year 1980 as a lessee under the Railway. Thereafter, the Government demanded the case land as khas land the writ petitioner prayed for lease of the land from the Government and they were granted lease of .03 ¼ acre of land by the Government and subsequently the said area was inc..Category: Property Law | Date: | Hits: 26
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ......es there was no liability to the defendant No. 1 with the plaintiff Bank; moreover the defendant No.2 deposited a FDR worth Tk.9,00,000.00 with the plaintiff and by its letter dated 22.8.85 empowered them to encash the entire amount of F.D.R. against any of the liabilities of the defendant ...... Involved: A.K.M. Mesbahuddin, Senior Advocate, instructed by Zahirul Islam, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 444 of 2007. (From the judgment and order dated 24.8.2005 passed ......eir misdeeds and to avoid liability; the defendant No.1 by letter dated 29.5.1985 approached the plaintiff for advance limit of Tk. 10,00,000.00 and also L/C facility but the plaintiff declined to grant the same and as such the defendant had to quit the plaintiff bank and start business wit..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....der restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not arbitrarily. We therefore, bold that the respondent No. 1 ......g the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not arbitrarily. We therefore, bold that the respondent No. 1 has exercised ...... The Appeal is allowed. Lawyers Involved: Mainul Hossain, Senior, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Abdur Razaque Khan, Additional Attorney General instructed by Ahsanullah Patuary, Advocate-on-Record - For Respondent No. 1. Amir...... the office of the Deputy Commissioner, Gazipur (Annexure-T to the writ petition) rejecting petitioners prayer for license to exhibit motion picture film in Capri Cinema Hall, Gaizpur, Tongi and that granting of license to the respondent No. 2 to exhibit motion picture film in the said Cinema Hall. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....as in the year 1986. 5. In elaborating this above point, Mr. T. H. Khan argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary power which the Court exercises with great caution and circumspection when an applica......n not be prevented from enjoying the benefit of the decree which was obtained as for back as in the year 1986. 5. In elaborating this above point, Mr. T. H. Khan argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretio......p; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order date......ment Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was prefe..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......p; Not represented- Respondent Nos. 2 & 4. Civil Petition for leave to Appeal No. 511 of 2000. Judgment &n......ting machineries which were released by trust receipt. On 23.9.1989 it requested for conversion of trust receipt into a project loan. The petitioner, Sonali Bank by sanction letter dated 30.1.1990 granted the project loan by conversion of the Trust receipt facility for total outstanding of Tk. 2..Category: Banking Law | Date: | Hits: 100
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ...... Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. (In Civil Petition Nos.1419-1424 of 2005) Civil Petition for leave to Appeal Nos. 1317-1321 of 2005. (From the Judgment and Order dated June 28, 2005 passed b......proach the Court for permission to draw some termination benefits without prejudice to their legal claim for reinstatement. By an order dated 21-10-2003, the High Court Division was pleased to grant the prayer. 11. After hearing both parties, the High Court Division was pleased to ma..Category: Employment/Service Law | Date: | Hits: 64
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......y ex. p. Brand ((1991) 1 A.C. 696) while recognizing that the Courts could have recourse to the Convention when faced with an ambiguous statute refused to go a step further and hold that where wide powers of decision making were given to a minister by an unambiguous statutory provision, the minist......Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR ......nsel for the appellant as under: "Mr. Rafique-Ul-Huq, the learned Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relying on the decision reported in 21 DLR page 357 since it is no longer appl..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... Mustafa Kamal J Latifur Rahman J Government of Bangladesh...................Appellant Vs. Md. Abdul Karim.....................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State......efer to an 'offence' under the Martial Law Regulation or order but "it simply refers to a criminal charge and conviction as provided in the Judicial hierarchy or by special tribunal." 7. Leave was granted to consider the submission that both the Tribunals below fell into an error in overlooking c..Category: Administrative Law | Date: | Hits: 144
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda. 3. The suit plot originally be......ifiable and therefore the plaintiffs could not prove their title and possession in the suit land. 8. The plaintiffs thereafter presented this appeal. The precise question on which leave was granted is whether the High Court Division had acted beyond its jurisdiction in upsetting, in secon..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......he typographical error but the Administrative Appellate Tribunal did not at all consider this aspect of the case, The learned Deputy Attorney General submits that there was no lack of authority and power on the part of the Government to take action against the respondent and hence wrong quoting of......sh Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants Md. Aft...... amended by the Government Servants (Discipline and Appeal) Rules, 1985. The Administrative Appellate Tribunal also upheld the order of the Administrative Tribunal on the same ground. 4. Leave was granted to consider. The submission of the Government appellant that both the Tribunals below erred ..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhak......le 102 of the Constitution. Accordingly upon making the Rule Nisi absolute on merit the learned Judges declared the dismissal of respondent No. 1 from service void and unlawful. 5. Leave was granted to consider as to whether the High Court Division has fallen into an error in holding that ..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......lness and the relationship of the illness with the nature of job performed by him and has rightly come to a conclusion as to his further usefulness in service bona fide on records. The use of power by the employer cannot be hedged with interpretative conditions which make the exercise ......M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur R......0 on 19-9-80. He fell ill and applied for leave from time to time. When he applied for leave for two months from 25-9-80 the appellant sent a reply on 30-9-80 stating that no further leave would be granted and asking him to appear before the Medical officer of the Mills by 6-10-80. But respondent..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, A...... buildings and the Government appellant was directed to deliver possession of the same to the writ petitioner with in three months from the date of receipt of the courts order. 7. Leave was granted to consider the Government appellants submissions, first, that while exercising jurisdictio..Category: Property Law | Date: | Hits: 42
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ....... 2. The short fact leading to these petitions is that Ibrahim Shah Waqf Estate was earlier enrolled under E.G. NO. 3543 by an order dated 7.7.1981, Administrator of Waqf in exercise of power under section 51 of the Waqf Ordinance appointed appellant and three others namely, Abdul Wah......eal No. 80 of 1998) Vs. Abdul Sattar Shah Chowdhury and others.............Respondents (In Civil Appeal No. 80 of 1998) Judgment July 21, 1999. Case Referred to- 43 DLR (AD) 128. Lawyers Involved: M. A. Wahhab Miah, Senior Advocate, ins......n filed Civil Revision Nos. 3730 and 3731 of 1997 before the High Court Division but a Single Judge of that Division discharged the Rules refusing to interfere with the matter. 3. Leave was granted to consider whether the High Court Division misdirected itself in law in taking view t..Category: Trust/Waqf Law | Date: | Hits: 226
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. ......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. ...... Vs. Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.............Respondents. Judgment May 24, 2007. Case referred to- Bangladesh Vs. Md. Jalil 49 DLR (AD) 26. Lawyers Involved: Mohsin Rashid, ......ged the Rule holding, inter alia, that the above heirs failed to rebut the presumption regarding the abandoned character of the above house. In the meantime Alima Khatoon died. 3. Leave was granted on the submissions that the property in question was allotted to Md. Hanif, predecessor of ..Category: Property Law | Date: | Hits: 30
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