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Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... any person to ask for return of unutilised land validly acquired under the law. 8. In the instant case the High Court Division in making the Rule absolute taking into consideraÂtion that a high powered committee of the GovernÂment took resolutions of de-requisition of the land which were earl......nd interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorne...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... that mere non-use of the acquired land for the purpose for which it was acquired will not give any right to the original owner to get return of the same and once a property is validly acquired after meeting the legal formalities it vests n the Government and its previous owner does not have any rig..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....8 of the Constitution. 8. The High Court Division, however, upheld the constitutionality of the impugned Act. It was held that the Act was passed by the Parliament in exÂercise of its legislative power under Article 65(1) of the Constitution and that as the Society was never formed by citizens i......etary, MinÂistry of Law and JusÂtice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangla......tarian, was an eye-witness of the human suffering. He organised emergency aid services for the Austrian and the French wounded in that battle. In his book Un Souvenir de Soferino (1862) Dunant gave a call for the formation of voluntary relief societies in all countries. In 1864, he founded the Red C......Committee of twenty-one memÂbers in the first Annual General Meeting of the Unit to be held before the 15th November, 1973 and also nominate two Delegates of the Unit to the General Body in the same meeting. Members of the Managing Committee of an unit were to elect its Chairman and office-bearers...Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....second part of the observation, obviously because there is no complaint that any provision of the Election Law has been violated by the Returning Officer 'or the Nirbahi Officer in exerÂcising their power to reject the nomination paper. The learned Single Judge has relied upon the first part of the......ment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the who......s question are as folÂlows: An election was to be held on 10 February 1988 for the office of Chairman of Kolkonda Union PariÂshad of Gangachara Upazila, Dist-Rangpur and nomÂination papers were called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the Returning Off......ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......t Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................……………â...... judgment and order dated 4.2.1988 passed by the High Court Division, Barisal Session, Barisal, in Criminal Appeal No. 159 of 1984). Judgment Shahabuddin Ahmed J. - This appeal by special leave calls in question the conviction of the appellant, Nurjahan Begum, a housewife, under s. 326 of the ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....s and Urban DevelopÂment of the Government of Bangladesh being impleaded as respondent No.1 and although Mr. Qazi Shafiuddin, the learned Assistant Attorney-General, has entered appearance and filed power on behalf of the Ministry, according to the learned Assistant AtÂtorney-General notwithstandi...... dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 197......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....ument under Order 7, Rule, 14 of the Code of Civil Procedure, 1908 us quote the same which is as follows:- “14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is pr......ument under Rule 14 of Order VII CPC has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of maintainability of the suit, the plaint is liable to be thrown away in limine as the question may be agitated in framing an issue to the point. Ther......tified in rejecting the said petition. 27. The learned single Judge of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... the appeal as against the judgment and decree dated August 14, 1991 of the 1st Court of Assistant Judge, Dhaka. The learned Advocate for the petitioner has submitted that while a Court exercises its power upon assigning reason the reason so assigned is required to be based on fact. The contention s...... represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faq......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situ...... while under suspension, his board, that an employee while under suspension, his case would not be taken up for consideration for promotion till he is cleared or that order of suspension is recalled or withdrawn. Further contention is that since at the time of disposal of the writ petitione......Nos.1 and 2 in the writ-petition) contested the Rule by filing affidavit-in-opposition denying the material averments made in the writ petition and stating inter alia, that a meeting of the Selection Committee of the Board was held on 25.11.1997 for the purpose of reco..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....as found lowest among the valid tenders and accordingly the appellant Bank was taking necessary steps to issue work order in its favour. But suddenly at the intervention and undue influence by some powerful quarters in the Ministry of Finance the invalid tender of respondent No. 3 was accepted b....... Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented......ch is yet to be filed and further whether the impugned order was otherwise a proper one in the facts and circumstance of the case. 5. Section 151 of the Code of Civil Procedure, it may be recalled, provides as follows:- Section 151. Nothing in this Code shall be deemed to li......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
.... view the respondent No.1 was made a partner of 30% share of the said business of the petitioner and thereafter the parties executed a partnership deed on 12-12-2002; the petitioner also executed a power of Attorney on 28-12-2002 in favour of respondent No.1 and appointed him as his Attorney in o...... No. 2 Judgement: Syed JR. Mudassir Husain CJ.-This Criminal Petition for leave to appeal is from the judgment and order dated 01.09.2004 passed by a Division Bench of the High Co......ntering Caveat for the respondent No. 1, on the other hand, contended that the High Court Division having considered the materials on record rightly passed the impugned order and no interference is called for by this Division. 10. We have perused the records and considered the submissions ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....legal and collusive practice. 7. It has been lastly argued by the appellants that section 21 of the General Clauses A. T. authorizes an authority to make an order and it also authorises power to cancel the same. 8. Md. Nowab Ali, the learned Advocate-on-record appearing for the...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others……………......at Para-'Cha' of the written statement of the appellants and the reads thus "Pani unnoyon boarder odhinosto drezer poridaptorer kono tap nirdisto karia deya hoy nai” Mr. Nowab Ali emphatically argued that from the above statement of the appellants side it appears that the reason best ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....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. ......petition, the appellant herein was represented by learned Advocate other than the learned Advocate whom the appellant earlier appointed to represent him in the appeal. In the application for recalling of the order of the High Court Division the appellant herein stated that in filing the com......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. ..Category: Property Law | Date: | Hits: 62
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....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......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 80
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....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...... Ayenuddin of his village approached him and told that Selima Begum, wife of the informant's cousin Shafiqul Islam entered into the informant's house at 9 A. M. for taking water from tube well and called by the name of his eldest son but having no response from anybody she entered into the house......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. ...... 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. ...... 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)
....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 ...... 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. ......respect of her foreign degree as par requirement of advertisement and as such her application ought to have been rejected outright. The Equivalence Committee of Academic Council of BUET in its meetings held on 04.05.1993 and 03.07.1994 found MURP degree of respondent No.3 equal to BUETS' de..Category: Employment/Service Law | Date: | Hits: 87
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....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......te has taken us through the materials on record and the impugned Judgment. 8. In his argument he reiterates the submissions made earlier on behalf of the appellants. 9. He emphatically submits that most of the respondents have been given full benefit and as such they are ......r respondents cannot before to be retired at the age of 57 taking recourse to Act 12 of 1974 [the public Servants Retirement) Act 1974]. 13. In his submissions he referred to the minutes of meeting of Secondary and Higher Secondary Board, Jessore held on 19.09.1998 and submits that by res..Category: Property Law | Date: | Hits: 32
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....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......on 08.04.2003 bringing aforesaid false allegations to which he submitted reply on 24.02.2003 denying the allegations but the respondent No. 2 on the allegations leveled against the respondent calling for minor penalty served a notice dated 06.05.2003 to the effect giving him opportunity of ......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
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....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. ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....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......endence and direction of the whole affairs and business of the Bank and shall exercise all powers and do all acts and things which may be exercised by the Board, except in the matters specifically required by the Order or by these Rules or the Regulations to be exercised or done by the Boa......ith 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 meeting No. 61 dated 01.06.1983 having delegated to the Managing Director power of appointment of o..Category: Administrative Law | Date: | Hits: 90
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