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Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussai......ed with the kabala. It appears that the learned Judges while summarily rejecting the writ petition did not at all apply their judicial minds to this material aspect of the case. 5. Leave was granted for consideration whether on the face of the existence of the registered sale deed dated 21..Category: Property Law | Date: | Hits: 63
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......ithout lawful a6thority as it had not been mentioned anywhere in the said order that there was any doubt or dispute which necessitated the passing of the said order. The Registrar was not given any power, it held, to divide or unite any establishment for the purpose of registration of trade union......lip;………….Appellants Vs. Registrar of Trade Unions and ors…......................Respondents [In CA No. 17 of 1993] Flight Engineers and Navigators Association and anr……………Appellants Vs. Registr......trade union can be cancelled under section 10 of the Ordinance, 1969 on certain grounds upon submission by the Registrar of an application to the Labour Court which the Labour Court may or may not grant after hearing the affected trade union and an appeal also lies to the Labour Appellate Tribun..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ...... others ……………………Petitioners-Appellants Vs. Mosar Ali Pramanik and others……...............Plaintiff-Respondents Judgment February 7, 1993. Cases Referred to- Waliullah Munshi Vs. Lodu Mia 38 DLR (AD) (1986) 308; Nur Mohammad Vs. Ashraf Ali 39 DL......t the lease of the appellants had admittedly expired when the present suit was instituted in 1987 and as such the decisions relied upon by the appellants had no manner of application. 7. Leave was granted to consider the submission that the statements made in the application dated 19.6.91 (Annexu..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......of die two grounds on which such a decree can be set aside under Order IX, rule 13. In Reazul Hoque Molla Vs. Afizullah Hollah 42 DLR (AD) 74, this court held that the court cannot draw upon inherent power while acting under a specific provision of the law governing disposal of the case. Appellant i......gladesh represented by the Deputy Commissioner Dhaka & others ……………………............Respondents Judgment January 19, 1993. Result: The appeal is dismissed. Cases Referred to- Rezaul Haque Molla Vs. Afizullah Molla 42 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mia......o comply with the Provisions of Order 20 rule 4(1) of the Code will depend on facts of each case. A Judgment in ex parte cases shall however state specifically and explicitly which of the reliefs are granted and against which of the defendants‑ see Rule 143 of the Civil Rules and Orders Vol. 1. ..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......nted by the Chief Conservator of Forests could be compulsorily retired after a departmental enquiry by the Conservator of Forests on the strength of a circular for redistribution of administrative powers issued by the Deputy Secretary of the Ministry of Agriculture and Forest on June 4, 1981 and...... Vs. Abdul Motaleb Dewan and ors ……………………….Respondents Judgment April 20th, 1993. Cases Referred to- Shyamlal Vs. State of UP AIR 1954 SC 369; State of Bombay Vs. Saubbagchand AIR 1957 SC ......tive Appellate Tribunal in Administrative Appeal Nos. 3 & 26 of 1992 respectively). Judgment: MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the res..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......the appeal and set aside the order of the Corporation. It is contended that the Administrative Appellate Tribunal wrongly treated the Corporation as a subordinate Court, and, further it usurped the power and discretion of the Corporation by placing the appellant under suspension. 5. The ......29/92) Shaheed Alam, Advocate, instructed by Md. Sajjadul Haq, Advocate-on-record-For the Respondents (In CA No.28/29 & Appellants in CA No. 29192). A Wadud Bhuiyan, Additional Attorney-General- Amicus curiae. Civil Appeal No. 28 of 1992 & Civil Appeal No. 29 1992. ......jurisdictions (See sections 4 and 6 of the Act) and limited power. 6. The Corporation did not ask for fresh inquiry. The Appellate Tribunal gratuitously granted a relief not asked for and in doing so it acted in excess of its jurisdiction. A power to ..Category: Administrative Law | Date: | Hits: 100
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......to pass the order of compulsory retirement. The Appellate Tribunal, however, held that the legal dispensation under which the CMLA was running the country and the administration provided unlimited power to him; nothing was beyond his jurisdiction and further no court could declare his order to b......98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......icipation being available only in the course of an investigation. If the detaining authority takes the chance of conviction and when the Court verdict goes against it, falls back on its detention power to punish one whom the Court would not convict, it is an abuse and virtual nullification of ......dgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ...... One of the Corporations established under Article 10(1) of PO No. 27 of 1972 is the Steel Mills Corporation. Clause (d) of Article 10(1) of this Order provides that this Corporation shall exercise power of control, management and supervision of such industrial enterprises as the Government may p...... Vs. Dhaka Steel Works Ltd & others ………...................Respondents [In both the appeals] Judgment November 12th, 1992. Cases Referred to- Palani Goundan Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & o......ts subsequent placement under the Corporation under PO No. 27 of 1972 is valid and that it having been vested in the Government, such vesting could not have been questioned by the Court. Leave was granted to the Government to consider these contentions. Leave was also granted to the Corporation ..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....discretion by the Labour Court. The High Court Division must have been and shall be presumed to be conversant with the decisions of this Court and therefore advisedly it did not interfere with the discretionary order of termination of service of the respondent while making the rule absolute. ......High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the Banking Companies Act, 1991. Eastern Bank Ltd. has filed an appl...... Tajul Islam Chowdhury and another……………..Respondents Judgment February 23rd, 1993 Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs.......ations therein held to be proved by the Labour Court are not covered by either clause (a) or (f) or any other act of misconduct within the meaning of section 17(3) of the Act. 16. Leave was granted to the appellant-Bank to consider its submission that the aforesaid conclusion of the High ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......tter. This contention has been accepted by the High Court Division which declared invalid the orders for repoll. Leave has been granted to consider and examine the extent of the Election Commission's power to direct fresh poll within the framework of its general power of "direction, control and supe...... (In Civil Appeal No. 43 of 1992) Vs. Jalaluddin and others ............ Respondents (In Civil Appeal No. 43 of 1992) Election Commission………………Appellants (In Civil Appeal Nos. 53 to 57 of 1992) Vs. Tofel Ahmed and others .......... Respondents (In Civil Appeal No. 53 of 19......ties, the Election Commission had no jurisdiction to interfere in the matter. This contention has been accepted by the High Court Division which declared invalid the orders for repoll. Leave has been granted to consider and examine the extent of the Election Commission's power to direct fresh poll w..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ence of criminal misconduct under section 5(i) of the Act by the Senior Special Judge under section 4(4) of the Act XL of 1958 to the Court of the Special Judge the latter has got the full panoply of powers of the trial Court like the power to frame charge or to alter or add any charge at any stage ....... Lawyers Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (in Criminal Petition Nos. 117, 118, 119, and 120 of 1992). Aminul Huq, Attorney-General, B. Hossain, Deputy Attorney-General, and (Amirul Kabir Chowdhury, Deputy Attorney-Ge......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......t in the beginning of the re‑hearing of the appeal. 8. The respondents have not joined issues with the appellant's contentions that the Tribunal is not a civil Court and that it has no power to review. They have, however, contended that when the order was recalled the Appellate Trib......man J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases Referred to- Project in Charge Vs. Abdur Rahman 31 DLR 124 and General Manager, Jamuna Oil Company ...... these decisions are of the civil Court and that the Administrative Tribunal is not a civil Court the respondents alternatively have urged that where an Act confers a jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its e..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... dissolution of marriage on 30th September, 1980. The couple lived in the house from January, 1973 till July, 1980. The husband realised Tk. 8000.00 per month from the tenants. The wife executed a power of attorney on 25th April, 1978 in favour of her husband, but that power was cancelled on 19L......aziruddin ....................Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All...... Banks and Insurance Companies, the appellant spent about taka six lacs in constructing the three‑storied building and completed the construction by 1980. 4. The respondent denied granting of any licence to the appellant. As a loan could be obtained from the Shilpa Bank at a lo..Category: Property Law | Date: | Hits: 80
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... gathered from the clumsily written writ petition and other papers now submitted before us by the parties are, that whereas according to the appellant, who is the owner of the aforesaid rice mill, power connection was given to the mill by the PDB on 10.10.1985, the PDB alleged that the appellant......d writ petition which could not have been more lousy, the appellant prayed for a direction upon the respondents, namely, the officials of the Bangladesh Power Development Board, briefly PDB, for restoration of the transformer to its original position upon declaring that the removal of the same (t......aken by the PDB on 24.9.89 was arbitrary and illegal and the respondents are, therefore, liable to restore the transformer to its previous place. 9. Leave was granted in this appeal to consider for the only question whether the High Court Division properly c..Category: Criminal Law | Date: | Hits: 71
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......y court of civil jurisdiction. 7. Mr. Moksum‑ul-Hakim next submits that the High Court Division erred in law in allowing pre‑emption in civil revision and thereby exercising the power of Court in second appeal in a case where the petitioner had obtained the Rule against the o......ahman J. Abdul Baten................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Se......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ...... .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......e trial Court did not reject the plaintiff’s plea that the case records remained untraced for some time. In these circumstances the restoration of the suit in exercise of the Court's inherent power under section 151 CPC was not unjustified. 7. Mr. Zakir Hossain, learned Advocate ent......tafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab ...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......i, AIR 1955, SC 13. In the Pakistan case, Foreign Exchange Regulation (Amendment) Act, 1956 was declared unconstitutional in that this Act by adding Sections 22A, 23A and 23B to the original Act gave power to the Executive Government to determine whether an offender was to be tried under the ordina......TM Afzal J Mustafa Kamal J Latifur Rahman J State ………………Appellant Vs. MM Rafiqul Hyder................... Accused-Respondent Judgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (......aka by the impugned judgment and order dated 10 November, 1988 allowed the appeal set aside the aforesaid order of conviction and sentence and acquitted the respondent of the charge. 16. Leave was granted to consider whether the High Court Division rightly rejected the prosecution evidence as to ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......e application, whichever is later, apply to join in the said application; any co sharer tenant who has not applied under either sub section (1) or this sub-section shall not have any further power of purchase under this section." 7. Section 26F of the Bengal Tenancy Act w......reemption is at the instance of the transferee. It is against. a judgment of a Division Bench of the erstwhile High Court of East Pakistan which set aside an appellate order of reversal and restored that of the trial Court which granted preemption, with the modification that pre-em......feree. It is against. a judgment of a Division Bench of the erstwhile High Court of East Pakistan which set aside an appellate order of reversal and restored that of the trial Court which granted preemption, with the modification that pre-emption, was granted under 26F of the..Category: Property Law | Date: | Hits: 60
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