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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. ...... Judgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan......ter and in the interest of justice decided that to enable the respondents to obtain relief in the Administrative Tribunal the plaint be returned to the learned Advocate for presentation before the proper Court. 3. The respondents being aggrieved filed First Miscellaneous Appeal No. 109 of...... 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. ..Category: Employment/Service Law | Date: | Hits: 76
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......ed on 22.5.1989), in Other Class Suit No. 37, 1987 and the final decree dated 9.1.1997 passed in the aforesaid suit be set aside and also prayed for a separate saham in respect of the property described in the 'ga' schedule within the 'kha' schedule property. The appellant filed an ......ting aside of the decree passed in the earlier suit is not only barred by res-judicata but also barred because of the settled principle of law that there should be finality of the litigation after adjudication by the superior Court and as such finality so reached cannot be allowed to be re-agita..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ourt of appeal below are restored. Ed. ......same landlord. In that view of the matter the defence case was found to be more acceptable than the plaintiffs story of possession. The above observations of the court of appeal below are based on proper consideration of the materials on record and averments made in the plaint that the suit land...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......1988 is allowed. Ed. ......3 to cancel the registration of the respondent No.1. 3. In the meantime, on or around August, 1989 the former sponsor-shareholders of the petitioner transferred their shares as well as other properties of the company to the present management of the petitioner and then, after two years of ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve...... addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from the property of M/s. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifuddin Khaled Road, Chittagong......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide...... view the correct principles to be followed in a case like this. He has, however, submitted that even if it were done, the result would have been the same. Mr. Huq submits that by not writing a proper judgment more prejudice has been caused to the respondents because they now stand the risk ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....s 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 backdrop of......l Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others .......Respondents Judgment January10, 2007 Case Referred to- ......f the case, we need to examine and consider the extent and scope of sections 5 and 7 of the Companies Profits (Workers Participation) Act, 1968. Sections 5 and 7 are therefore reproduced below for proper appreciation of the contentions raised on behalf of both the parties. "5. P......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. ..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... 2004. Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188....... Leave was granted to consider the submission that the High Court Division erred in law in failing to consider the ingredients of Section 526(4)(d) and (e) of the Code of Criminal Procedure in its proper perspective so far it relates to general convenience of parties or witnesses or expedie...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
....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.
......2008) 24, 19 BLT (AD) (2011) 07.
......obÂstacle to his functioning as the shebait of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and conditions that he will become the shebait of......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.
..
Category: Civil Law | Date: | Hits: 111
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....tion 60 of the Registration Act on 13.4.78 and delivering his judgment on 5.5.82 the learned Munsif held that as registration of the kabala was entered in the Volumes on 13.4.78, the registration was complete during the pendency of the miscellaneous case and as such the question of bar of limitation......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: ......estion of notice, the following evÂidence of O.P.W. 1 Abdul Khaleque (father of the apÂpellant) is instructive:— "I am 70-75 years old, Motalib (appellant) is my son and I am looking after his property since his absence. My son is outside BanglaÂdesh. My son executed a power of attorney in m...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....mm. V. ExÂpress News Paper Ltd. AIR 1956 SC 33. There the accounting year was 1946-47. The Court considered section 10(2) (vii) which was exactly in the same terms as quoted above. 14. The law is completely different and our law was very radically changed in 1962 as mentioned above. In the India......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable......ver the same to WAPDA which was willing to purchase the same. In the cirÂcumstances the assessee agreed to hand over its asÂsets to WAPDA at aforesaid value." 6. The Tribunal considered that the property of the assessee company "was not acquired under the law of Acquisition". Then the Tribunal ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....O. is punishable under section 62 of the said Ordinance. He has submitted that there is no such deÂterrent provision under the Administrative Tribunal Act and the Administrative Tribunal cannot give complete justice to the appellant. This seemingly attractive argument does not stand scrutiny for tw......MH Rahman J ATM Afzal J Abdul Mannan TalukÂder……………………………………………………….............Appellant Vs. Bangladesh House BuilÂding Finance CorporaÂtion and another..............Respondents Judgment December 12, 1989. Result: The appeal is......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanctio...... government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Af...... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th......pt his nomination paper to approach the Election Commission immediately which he did after two months of the election. His belated prayer was rejected by the Election Commission. It was not right and proper for the High Court Division to direct the Election Commission to dispose of the application o...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....t the GovernÂment would expedite the acquisition of the lands in question and on such assurance their counsel did not press the writ petitions. If the Government were true to the assurance given and completed the publication of the Gazette Notification under section 5(7) of the Act, say, within a y...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ......n acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty tong as the plaintiffs are campaigning from 1963 with the only grievance that proper noticÂes not having been served, the acquisition of their land was illegal and invalid. Thus......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the r......hahabuddin Ahmed J MH RahÂman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. Res......stain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to c......on amounting to Tk. 2,280/- was realised from him with effect from 1.1.72 to 30.6.74. SubsequentÂly the house was occupied by the Superintendent of Police. It was submitted that the proper forum for adjudication of the matter is the Court of Settlement which has been specially constituted under the..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......s also reported in: 42 DLR (AD) (1990) 80. ......claration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Messers Business Resources Ltd. for construction of a Super Market in the suit property belonging to the school as illegal and void. The suit was under Order 1, rule 8 of the Code......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....he local inspection but the learned Assistant Judge by his order dated 17.11.86 directed that the objection, would be considered at the time of trial and in the meantime the work of the Commission be completed. Now that the Advocate Commissioner's report was already there, it was all the more necesÂ......reported in: 42 DLR (AD) (1990) 72. ......dhury Vs. M. Hossain & ors BCR 1984 (AD) 532. In another case of Abu Ahmed A. Hafiz & ors Vs. M.A. Hoque Shirajee 1983 BLD (AD) 193 such order has been termed as illegal, unfair, unjust and improper and strong disapproval was recorded for disposal of revisional application in this manner. In......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......ellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and......he deÂfendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific perforÂmance of contract for sale of the suit property. By filing a written statement the appellant denied that there was any contract for the sal......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....3 and found 10 sharp-cutting injuries on his person mostly on the head. P.W.12 seized some alamat from the P.O. and prepared a sketch map (Ext.3). He examined some witnesses but the investigation was completed by the Officer-in-Charge of Banshkhali P.S. Md. Abdul Khaleque Bhuiya (P.W.13) who submitt......ported in: 42 DLR (AD) (1990) 31 ......t ordinarily interfered with by the appellate court; but the latter undisputedly got power to reverse an acquittal and hold the accused guilty if the acquittal is found to be perverse or shockingly improper causing failure of justice. It is to be seen in this case whether the finding of the trial co...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
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