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Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
...., he should be given relief in an application under Section 561A of the Code of Criminal Procedure, which is beyond its scope. 8. It may be mentioned that the jurisdiction of exercising the power under Section 561A has been well settled. In this connection a decision relevant in the ...... Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by the High C......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....dominant factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not delegated relevant power of appointment "to the Managing Director (respondent No.2) for appointment and promotion...... Corporation & others...............Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......d promotion of officers and employees of the Corporation. The Board of Directors had already authorized and delegated the said power to the Managing Director and it was confirmed in the Board meeting held on 19.03.1999. The further case is that an enquiry committee was appointed to enquire ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ts (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench of the Hi......ppearing for the petitioner submits that the High Court Division failed to consider that in the written statements as well as in the evidence of witnesses of the defendants it was categorically stated that Kancha Mai gifted the suit property to her daughter Ulfa Mai on the 1st of Jaist...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......desh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sig......e writ petitioner further alleged that in the vagrant home they were abused and that the detention of the inmates at vagrant home was illegal. 3. On the said application the rule was issued calling upon the respondents to show cause as to why the lifting of the sex workers in the early ho......en and girls were willing to give up prostitution and opt for their rehabilitation and the respondents found 659 women willing to be rehabilitated out of 1058. The respondent-writ petitioner after meeting the officers concerned could realise that in order to effect eviction of the residents..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... was held was not proper and the order of dismissal having been passed in the background of the said non-proper inquiry the same is illegal and the action of the authority is nothing but misuse of power, that the order of dismissal passed in respect of the plaintiff is uncalled for and that acti......Cadet College, Pabna, Bangladesh and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and o......the show cause notice not satisfactory dismissed the plaintiff from the service. 5. The trial Court decreed the suit on the findings that the allegations brought against the plaintiff do not call for dismissal from service, that the inquiry that was held was not proper and the order of di...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....der of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Serjuddowla Sowdagor...........................Appellant Vs Administrator of Waqf & others............ Respondents Judgment August 16, 2004. La...... the writ petitioner could seek clarification/ interpretation of the impugned order of respondent No.1 in Civil Revision No.1207 of 1999 before the High Court Division is totally unwarranted and uncalled for. 14. The observation of the High Court Division that the writ petition is a devic......ion is a device to side track or to ignore the order of stay passed in the civil revision and lastly the submission that the High Court Division erred in deciding the writ petition on merit without meeting the grounds taken in the writ petition and such error has led to an error in the decision ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......t: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Runu Akhter.................... ...........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 20...... husbands along with 3 other persons from his village were going to the BNP office at Banani in a yellow taxi. As they were going out of the garage informant's deceased husband received a call from his village on his mobile and passed it on to one of the co-villagers kanchon. While...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by the High i ......titioner was one of the directors of the company who acted as the Managing Director of the company since 1977 and during tenure of the office of the accused petitioner he showed the total amount of calls received as on 02.07.1995 as TK. 1,00,00,000/- (one crore) and that during audit by the char......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....hority. 5. Mainul Hosein, learned Counsel for the appellant, submits that section 196B of the Customs Act was amended by Act, XXVII of 1987 which now stands as follows- "196B power of the Government to call for and examine records. The Government may on its own motion or o...... Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed by Md. Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-......sein, learned Counsel for the appellant, submits that section 196B of the Customs Act was amended by Act, XXVII of 1987 which now stands as follows- "196B power of the Government to call for and examine records. The Government may on its own motion or on an application made by ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....de during the pendency to the appeal. He further submits that the validity of otherwise of taking possession was subjudice before the court and the High Court Division erred in exercising the power under section 151 of the code of Civil Procedure when exercise of power under section 144 was......cate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by t......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......urt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb a......very much maintainable and that the decision was taken in the 263rd meeting recommending promotion of the respondents and so the petitioners are legally bound to implement the same and the so called condition of vetting by the Chairman was without jurisdiction and as such the order passed b...... Manager and respondent Nos.8-22 for being promoted from the post of Senior principal officer of Assistant General Manager and the said proposal was placed for approval by the Board in their 263rd meeting dated 22.5.2004 which took place on 14.6.2004 and in the said meeting the Board approved th..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a plaint can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not in an arbitr......ffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial ...... 8. From the pleadings of the parties, it is clearly discernible that both the parties are co-sharers to the disputed holding by purchase and exchange. The only question that is raised and calls for determination is, whether the plaintiffs are owners having title to the land described in......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....respective building for a long time obviously amicably, but by filing the suit for partition, plaintiffs threw a stone in the still water causing claims and counter-claims. A court has an inherent power to refuse to divide the property by metes and bounds as the relief for partition is an e...... Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is ......rough court. A co-sharer in possession of excess land than his share is bound to part with the same. 12. Since the Advocate Commissioner did not depose before the trial Court nor the Court called him as witness, his report was not admitted in evidence. In that state of the matter, the Hi......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....sion has not given any decision as to Clause 17 of the lease deed under which the Government is authorised to lease out the mineral resources found beneath the surface and other than that it has no power to allow any person to collect ordinary sand from the so-called Balumohal of the tea estate,......ted company and carrying on business of plantation, cultivation, production and processing of tea and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea ......w any third party to enter into the tea estate for this purpose, that illegality has been committed by the High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realising that the petitioner is the lawful lessee under the provision of......ement between the writ petitioner and the government it has not been mentioned that the government will have no right to grant lease of Balumohal inside the Tea Estate to outsider, that there was a meeting at the initiative of the Ministry of Land wherein Tea Garden owners and the representative ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....jurisdiction of the civil court including the High Court Division under section115 of the Code of Civil Procedure. However, the aggrieved party can invoke writ jurisdiction under Article 102 as the powers conferred on the High Court Division under the said Article cannot be taken away or abridge......ust 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke r......Division. But section 6(1) and the proviso to section 7 have made all other judgments not appellable which does not result in a decree but results only in an order and the same cannot also be called in question before any court of law or authority. The aforesaid sections 6(1) and 7 are repr......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....e or destruction of property, it requires to be proved that not merely the plaintiffs interest but for the interest of all the parties in the suit the property concerned needs to be protected; the power to appoint a receiver as conferred by Order 40, rule 1 CPC should therefore be sparingly used...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. L......dated 13.11.2002, allowing the prayer of the plaintiff under Order 40 Rule 1 read with section 151 CPC appointing receiver and also order Nos.6 and 7 dated 26.11.2002 and 28.11.2002 respectively recalling the writ appointing receiver and also the order No.9 dated 1.12.2002 rejecting the prayer f......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....f the plaintiff leaving behind one Jamini Bala as his only legal heir and successor but one Narayan Chandra Das substituted in the plaint who ever failed to depose in the suit and he never gave any power of attorney to Ganga Moni to depose in the suit but one Ganga Moni Das, daughter of Ganga Cha......li Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by ......ourt are same, so the question of execution of sale deed was rightly presumed and proved but plaintiff filed objection against that report dated 13.06.2000 which was however, remained not proved by calling the expert in Court and trial Court gave time up to 29.05.2002 for about 2 years so the sa......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....ion 2D of the Companies Act but the learned Judges have lost sight of the said provision in the case of British India Corporation Co V Mengies that under section 95 of the Companies Act, no inherent power could be resorted to ever for any relief by the Company Judge, for the Company Court could no......out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respond......facts relevant for disposal of these appeals are as under:- The said applications were filed in the High Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors name......ismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in compliance of section 95 of the Companies Act, 1994 to enabl..Category: Business or Commercial Law | Date: | Hits: 147
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... ................Respondents Judgment November 29, 2006. Review Review petition is not maintainable unless there is error apparent on the face of the judgment sought to be reviewed and the petitioner cannot be allowed to reagitate grounds agitated in the rejected l......ndent No. 7 managed to get a decision in respect of removal of the petitioner in the 32nd meeting of the Governing Body held on 12-8-1998 showing the petitioner as mentally unsound owing to the so-called family crisis and thereby kept the petitioner out of work since 13-8-1998; then being compel......reafter keeping the petitioner in complete dark and without previous approval of the Medical Board the respondent No. 7 managed to get a decision in respect of removal of the petitioner in the 32nd meeting of the Governing Body held on 12-8-1998 showing the petitioner as mentally unsound owing to..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as...... ......on of the evidence and the materials on record arrived at a correct decision. The learned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is als......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
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