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Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ion in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. They contended that Tarakanath Pramanik the original landlord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in turn gave the said 0.70 decimals of land to Monindra Nath Praman......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......to have been represented by the learned Advocates md. Mihir Kanti Majumdar and Mr. Swapon Kumar Datta. The appellant categorically asserted before the High Court Division that he had never executed power authorizing the aforesaid learned Advocate to represent him in the First Appeal. From the re...... Md. Tafazzal Islam J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Judgment October 31, 2004 Lawyers Involved: M.K. Rahman, Advocate, instructed by Chowdhury Md. ......rved "although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not permitted by law". This Division set aside the judgment a..Category: Property Law | Date: | Hits: 62
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that the Government reduced the manpower of TCB from 541 to 235 and thus to release 306 employees and this was a policy decision of th......order under Memo No. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have discharged from the......ute declaring the aforesaid memo dated 18.09.2002 communicated to the writ petitioners on 19.09.2002 discharging them from service as illegal and without lawful authority. 5. Leave was granted to consider the submission that the TCB felt constrained to issue the orders of discharge r..Category: Labour and Industrial Law | Date: | Hits: 80
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......e is found to be true and voluntary and not product of torture but in the instant case the confessional statement Exhibit-3 was result of torture by the police paralyzing the appellant petitioners power of writing and therefore not voluntary, which is evident from the evidence of P.W.17, the Mag......a @ Isphil..........Appellant vs The State………………………………….Respondent Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructe......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the Hi...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......nsels for the parties and on consideration of the materials on record disposed of the Rule with the finding that the appointment of respondent Nos. 2 and 3 were arbitrary and colorable exercise of power of the authority, but did not strike down the selection of respondent Nos. 2 and 3 as Profess...... and order dated 17.05.2001 passed by a Division Bench of the High Court Division in Writ Petition No. 2992 of 1996 disposing of the Rule with the direction that the writ petitioner shall be deemed to have been made as Professor in the Department of Architecture of the BUET on the date on which ......o have been made on the date on which the impugned appointment of respondent Nos. 2 and 3 had been made and to place of petitioner's name in the seniority list accordingly. 5. Leave was granted to consider the submission that the High Court Division had acted beyond its competence in..Category: Employment/Service Law | Date: | Hits: 87
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...............................Appellants. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, represented...... On aforesaid observations and finding the High Court Division upon setting aside the judgment of the courts below i.e. the trial Court and the appellate Court decreed the suit. 6. Leave was granted to consider the contentions that the property in question being non-retainable land of the..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......irement under Section 9 of the Public Servant Retirement Act. II. There being no document to show that the writ petitioner respondents were retired by the Board in exercise of the power of compulsory retirement under section 9 of the Public Servants (retirement) Act and ......e and Secondary Education, Jessore against Judgment and order dated 24.10.2000 in Writ Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ......rd is 60 and not 57 years, therefore, the impugned memo were issued illegally and without lawful authority. 5. Being aggrieved the writ respondents preferred the appeals. 6. Leave was granted to consider the following submissions:- " I. The High Court Division was..Category: Property Law | Date: | Hits: 32
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......ands and Buildings (Recovery of Possession) Ordinance (Ordinance No. LIV of 1965), in short Ordinance 1965 and decided to take steps for taking speedy possession of the same and in exercise of the power conferred under Section 9 of the aforesaid Ordinance the Government decided to delegate the p......Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000.................. Petitioner vs. Mohammad To......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ellip;……………………………………….Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali......he property and hence the same was rightly declared as abandoned property and since liberation of the country the defendant has been possessing the suit property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......e referred to in section 30, that is the dale of submission of the bill of entry, on its sale in the open market between a buyer and a seller independent of each other. However where in exercise of power under section 25(7) of the Customs Act, tariff value is fixed by notification published in t...... Ed. ......at that rate and the imposition of the proportionate value on the same kind of goods, otherwise in the absence of any tariff value, is without any lawful authority. 4. Leave was granted to consider as to whether the High Court Division in the respective writ petiti..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......irman is nothing but an ornament and also the submission that Article 9(2) of P.O. No. 27 read with Rule 4 of the Bangladesh Krishi Bank Rules, 1973 authorizes the Managing Director to exercise all powers and do all acts and things which may be exercised / done by the Board. The Board in its mee......ted 12.04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that the respondent No.1 was promoted to the post of deputy General Manager in the appellant-Bank which was established under the Banglad......lant being Appeal No. 80 of 1992, Administrative Appellate Tribunal, Dhaka affirmed the order of the Administrative Tribunal by the impugned judgment and order dated 12.04.1994. 5. Leave was granted to consider the submissions that the judgment of Administrative Appellate Tribunal should b..Category: Administrative Law | Date: | Hits: 90
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......980 stands as a bar to an relief because the respondents' appeals are pending before the Chief Justice. The Division Bench opined that it is well settled that the Court returning the plaint has no power to fix time within which it is to be refiled and so it is to be presumed that for this reason......nwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Additional Attorney General with him) instructed by B. Hossain, Adv......ith so that the transferred suit is listed in the cause list of that Division Bench on 25.08.1996 for order. The Division Bench disposed of the connected civil Rule accordingly. 4. Leave was granted to consider the submission that the actions complained of in the suit are on the face of th..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......ave relied upon the said case to non-suit the appellant, that though Government reserves the right to cancel an appointment but that does not mean that the Government will in colourable exercise of power cancel order of appointment which has already become effective without assigning any reason a......ip;………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.- For the Appellants ...... the appellant is malafide and arbitrary, that the Tribunal has not considered the material point at issue in its correct perspective and therefore arrived at a wrong decision. 10. Leave was granted to consider the submissions that in the interest of continuity in service of the respondent..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......; property to the plaintiff-respondent is not by way of higher purchaser as contemplated under Rule 10(1)(b) or that the transaction with the plaintiffs was not within the scope of the power of disposal by the said authority. 13. The High Court Division has elaborately dealt ...... vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers ......rty and recommended to sell the same to the plaintiff at that price. 4. The appellants unsuccessfully moved the High Court Division. Thereafter, the appellants moved this Court and leave was granted to consider the submission that the plaintiff not having instituted any suit for specific p..Category: Property Law | Date: | Hits: 41
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......rd and the Railway being the requiring body, the Ministry of Works had no right to lease out the land in suit to the plaintiff and the alleged transfer was made by the Ministry of Works beyond its power and as such the transfer, if any, has been made is void and thus High Court Division was in e......Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case No. 4 of 1950-51, that the land in suit m......t moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division by the judgment and order as mentioned hereinbefore discharged the Rule 6. Leave was granted to consider the submissions of the appellant that the High Court Division was in error in n..Category: Property Law | Date: | Hits: 32
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......s required to do i.e. to re-examine the answer script of the writ-petitioner. The learned Counsel for the petitioner submits that provision in Article 102(2) (a) (i) of the Constitution does not empower the High Court Division to make the direction as has been given to the University since it is......ajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- 3 BLC (AD) 45. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed b......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ner as is provided for in the Payment of Wages Act, 1936 (IV of 1936), for the settlement of the claims arising out of deductions from wages." 11. Section 5 reproduced hereinabove empowers the government to compel any company engaged in industrial undertaking to establish a Worke......: J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatung......lations Ordinance for redressal of the aforesaid demand of the respondent workers and not the forum indicated under sections 5 and 7 of the said. Act, 1968 inasmuch as such forum are not capable to grant complete and effective relief sought by the respondent workers. 10. Against this backd..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......against such Chairman or where on an enquiry by the Government, he is found to be guilty of any misconduct within the meaning of section 12(1) and, in the opinion of the Government, the exercise of power by him as Chairman is either likely to be prejudicial to the interest of the Union Parishad o......ers. Vs. Md. Fariduddin Talukder...................................Respondent Judgment April 21, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not r......pplication under section 561A of the Code of Criminal Procedure before the High Court Division for quashment of the order of conviction and sentence whereupon Rule was issued and the petitioner was granted bail and the Rule is still pending for hearing. Accordingly, the matter is to be treated as..Category: Civil Law | Date: | Hits: 104
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......7 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform the function of the shebait on his behalf……......achan Jieu Thakur & Anr................Respondents (In Civil Petition Nos. 95-96 of 2007)
Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity aft...... dismissed. The learned Additional District Judge, who heard both the appeals analogously, by judgment and decree dated 13.9.2005 allowed Title Appeal No. 104 of 2005 decreeing the suit in full i.e granting decree of permanent injunction as well and dismissed Title Appeal No. 108 of 2005. Then bot..
Category: Civil Law | Date: | Hits: 111
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