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Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......his joining report was accepted by order dated 25-7-1995. While he was on leave, the respondent No.2 by order dated 20-9-1995 prematurely retired the petitioner from service in exercise of alleged power under Rule 5(Kha) of the Pension and General Provident Fund Rules, 1987, although the petitio......d, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondents. [In CA No. 127 of 2002]. Civil Appeal No. 127 of 2002 with Civil Petition for Leave to Appeal No. 400 of 2003. Judgment &......ructed by Mr. Md Aftab Hossain, Advocate-on-Record for the petitioner and Mr Salahuddin Ahmed Counsel, instructed by Mr AKM Shahidul Huq, Advocate-on-Record for the respondents. 6. Leave was granted to consider the submissions of the learned Counsel appearing for the petitioner that the Hi..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......oter list. As against that, it was the contention of the appellant in the respective appeals that in view of the provision of sub-section 7 of section 7 of the Ordinance there is no embargo on the power of the commission to prepare a fresh voter list and in the preparation of fresh voter list th......ent May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advoca......ation of Electoral Roll in the light of this judgment." 38. The appellants calling in question the legality of Directive Nos. III and IV preferred the appeals. 39. Leave was granted to consider the submissions made on behalf of the appellants- petitioners that in view of ..

Category: Election Law | Date: | Hits: 159

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......desh Chemical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties and a high-powered body was constituted by the name "Disinvestment Working Group" under the Ministr...... Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... pillars of the Constitution cannot be changed by amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivable that by its amending power the Parliament can deprive itself wholly or partly of the plenary legislative power ov......n Civil Appeal No. 42 of 1988) Jalaluddin....................Appellant (In Civil Appeal No. 43 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary to the Ministry of Law and Justice, Bangladesh Secretariat, P.S. Ramna, Dhaka & other ……�......ed the constitutionality of amended Article 100 of the Constitution as amended by the Eighth Amendment Constitutional Act. The High Court Division dismissed the petitions summarily. 5. Leave was granted to both the petitions being Civil Petition Nos. 207 and 208 of 1988. In the leave granting..

Category: Constitutional Law | Date: | Hits: 1934

Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......= 7-1/2). In clause-3 of the Mortgage deed the borrowers stipulated to pay enhanced rate of interest with the increase of bank rate. 7. The Government by its order dated 20.1.82 in exercise of its power conferred under Article 21 (10) of P.O. No.7 of 1973 enhanced the rate of interest for Multi...... article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgag...... loanees; (d) that a decree of permanent injunction be passed restraining the defendants from demanding or realising interest and/or monthly repayment from the plaintiff and other loanees who were granted loan on the Multi-storied Housing Scheme with floor space or 1500 sft. Per unit, at any rate..

Category: Property Law | Date: | Hits: 41

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... J M.H. Rahman J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., represented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent J......he trial Court as well as the revisional Court held the appellant 'defaulter' on the basis that the rent was to be, paid by the 5th of each current month in terms of the Agreement. 4. Leave was granted to consider whether the appellant was liable to pay rent in terms of the old Agreement or sh..

Category: Property Law | Date: | Hits: 45

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......me Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Commissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ah...... Judgement Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No. 175 of 1984. 2. Leave was granted to consider the question whether the High Court Division has erred in law in upholding the d..

Category: Property Law | Date: | Hits: 56

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......shad because of their position and status." The learned Judge further mentioned that concept of "Acting Chairman" has been brought into this Ordinance for a limited purpose namely, to exercise such powers and discharge such duties of the office of the Chairman which are necessary to run the proper......ate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-General with B. Hossain, Deputy Attorney General, instructed by Mr. M. R. Khan, Advocate-on-R....... Accordingly the rule was made absolute, and it was declared that the removal resolution of petitioner Md. Monirul Huq was passed without lawful authority and of no legal effect. 9. Leave was granted to consider the question, to put it simply, whether an acting Chairman is also a representat..

Category: Election Law | Date: | Hits: 128

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......aside as not being permitted by law. 4. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General, who appeared to oppose the appeal, has submitted that in appropriate cases the court has got power, and in fact has exercised power, granting bail on some reasonable condition. He has submitted......ourt Division………………..(4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal A......ted by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal Appeal 7 of 1988. Judgement: Shahabuddin Ahmed J. — The question in this appeal by special leave is whether the bail granted by the High Court Division under section 426, Cr.P.C. to the accused-appellant making it c..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)

....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......ited full amount of consideration relying on validity of such auction, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled to compensation of Tk. 75,000/- to be deposited with the District Judge within 2 months, in default ......n 14.12.87. He also obtained an order of stay on 1.11.87 for further proceeding of Misc. Case No. 233 of 1985 till 22.11.87. This stay order has been extended from time to time and leave was actually granted on 20th June, 1988. It appears from the copy of the order sheet of Misc. Case No. 233 of 198..

Category: Property Law | Date: | Hits: 30

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......ember 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the e......lants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will t..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....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. ......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. ...... MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the ap......operty and on those findings modified the trial court's judgment and decreed the suit to the extent of 1/6 only. Plaintiffs felt aggrieved thereby and filed these appeals by special leave which was granted by us to consider whether the learned Judges were justified in discarding Ext. 16, the Photo..

Category: Procedural Law | Date: | Hits: 146

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be acquired by virtue of local custom. But it is compl......ly and openly as of right and without interruption for a period of 20 years. In this view of the matter, the second appeal was dismissed along with the rule which was also discharged. 7. Leave was granted to consider the contention that the High Court Division wrongly assumed that the plaintiff..

Category: Property Law | Date: | Hits: 36

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....iples it is clear a writ court will not enter into such controversy. (ii) Under rule 70 read with Section 24 of the Ordinance the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and ...... issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquir...... Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been g...... Election Commission will not pass any order arbitrarily. The short answer to this contention is that the order of the Election Commission is not immune from challenge before the Tribunal which can grant any relief in terms of Rule 45. 38. Before we deal with the aspect as to the nature and ext..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....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......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...... Act, 1908 (IX of 1908), Article 120 The Constitution of Bangladesh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manne......his office within sixty days. The High Court Division affirmed the judgement and decree of the appellate Court. 4. On certain submissions of the learned Additional Attorney-General the leave was granted to consider whether the suit was barred under Art. 120 of the Limitation Act in as much as..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)

.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......cise Act 1909 having been amended by the Finance Ordinance 1983 substituting. "Deputy Controller" of Narcotics and Liquor for ‘Deputy Commissioner', the Deputy Commissioner ceased to have any power and authority under the Excise Act to pass the impugned order. The order was also alleged to b......tion 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 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 prese...... Collector of the District was in charge of administration of Excise under the Bengal Excise Act, (Bengal Act V of 1909) during the British Regime in the undivided Bengal. He was the authority to grant, suspend or cancel licence for storage and sale of liquor within the district. Under him the..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....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 ......t clash with public duty. 8. Local Authority, although representative bodies chosen by adult franchise, have not the autonomy of the parliament. Indeed they are dependent on Parliament for their powers. The powers of a local authority derive from statutes and they are exercised subject to t...... 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid. Cases Referred to- AIR 1971 SC 530 (564); Southern Rly Co.......l was dismissed by the Upazilla Nirbahi-Officer. Then he moved Writ Petition No. 26 of 1988 challenging the order of the Returning Officer. The High Court dismissed the writ petition. 2. Leave was granted to consider the question whether section 7(2) (g) of the Union Parishad Ordinance is hit b..

Category: Election Law | Date: | Hits: 212

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......on. They contended that the suit was barred by limitation, principles of waiver, estoppel and acquiescence, res judicata and non joinder of parties. It was contended that N. L. Sinha was given full powers by the Zonal Board of Directors including power to transfer any property of the bank, that ......& ors.........................Respondents Judgment June 25, 1980. The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its in......indings, decreed the suit declaring the decree null and void and setting aside the sale. The High Court Division in appeal did not find any illegality in the trial court's decree. 6. Leave was granted to consider the following questions: 1. Whether the suit as framed by the plaintiff-..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......s any error of law or procedure committed by the court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does not include power to review the evidence to come to a finding of its own......he court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does not include power to review the evidence to come to a finding of its own on a question of fact, but the High Court can......y noticed the learned Judge of the High Court Division by the impugned Judgment set aside the judgment and decree of the Lower Appellate Court and restored those of the Trial Court. 5. Leave was granted to consider the submission that the findings of fact arrived at by the lower appellate cou..

Category: Property Law | Date: | Hits: 46

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)

....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......inance e.g. I.R. Ordinance, 1969." 10. In Criminal matter for the purpose of trying an offence under the I.R.O., it is provided that a Labour Court shall have the same powers as are vested in the Court of a Magistrate First Class under the Criminal Procedure Cod......ur Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions under the Code.” Thus from a sentence passed by the Labour Court ap......tertain such appeal which was vested under section 36 of the I.R.O. had been ousted by the Martial Law Order No. 19 of 1982 and therefore the said appeal was not maintainable. 7. Leave was granted to consider the question whether the jurisdiction of a superior court could be ousted ..

Category: Labour and Industrial Law | Date: | Hits: 98

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