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Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......urt Division dated 4.5.92 dismissing summarily the appellant's Writ Petition No. 1454 of 1992 wherein the appellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of ...... is from the Judgment and order of the High Court Division dated 4.5.92 dismissing summarily the appellant's Writ Petition No. 1454 of 1992 wherein the appellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold......spondent No. 5, submits on the other hand that on 9.9.91 when the respondent obtained an order of stay in Writ Petition No. 1982 of 1991, the Committee which appoints Palli ration dealers met at a meeting and appointed Messrs M A Malek and Abdul Majid as dealers of the concerned Union Parishad. ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....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......Judgment passed in an ex parte proceeding is to 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 Rul......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 ..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....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 ...... 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 ...... 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 ..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....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. ....... The Appellate Tribunal gratuitously granted a relief not asked for and in doing so it acted in excess of its jurisdiction. A power to remand or to direct fresh or further inquiry is to be specifically provided in the statute which sets up an appellate forum and confers jurisdiction on it. In t......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 ..Category: Administrative Law | Date: | Hits: 100
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....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 ......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)
....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 ......d insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or maintaining of a private army immediately before his arrest that called for the order of detention. In support of this contention, reliance is placed on the State o......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)
.... 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......ned property nor owned by a statutory corporation, the vesting of its shares or other proprietory interests takes place for the first time under PO No. 27 of 1972. This is what may be called the Government's general power of placement of any kind of industrial enterprise under a Cor......ere clearly and absolutely abandoned shares. The Government insisted on producing no‑objection certificate from the banks and financial institutions but the respondents failed to do so. At a meeting of the Working Group on Disinvestment held on 8.5.88 it was decided that unless the respond..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)
....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....... and with regard to the second part he referred to the show cause notice issued by the Bank on 17.3.86, his reply dated 23.3.86 and the Bank's letter dated 4.2.87 which ended the matter. He specifically denied the third charge and with regard to the fourth charge he stated that these are matters......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....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......g to election for Union Parishads. 2. Elections of Union Parishads are held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Arti......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. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....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......d on different applications, refusing to quash the proceeding under section 561A of the Code of Criminal Procedure. 17. In all the petitions the common contention is that the petitioners cannot be called upon to answer a charge of abetment in the absence of a specific provision for punishment for......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)
....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 ......eet that the judgment would be in a separate sheet. 5. On June 15, 1989 on the submission of the learned Advocate of respondent No. 1, the Government, the decision dated June 12, 1989 was recalled and the appeal was fixed for re-hearing on June 19, 1989. On June 19, 1989, the Chairman of ......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 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
.... 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......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 ......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 ..Category: Property Law | Date: | Hits: 80
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... 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...... 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 ...... 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 ..Category: Criminal Law | Date: | Hits: 71
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....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 ......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
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....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 ...... 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)
....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 (......ollowing leave is from an order of acquittal passed by the High Court Division, Dhaka in appeal acquitting the respondent of the charge under section 25B(1) of the Special Powers Act, 1974, hereafter called the Act. 6. The respondent, a purser in the Flight Service of the Biman Bangladesh Airline......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. ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....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...... pre-emptor amended his application for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Acquisition and Tenancy Act (hereinafter called State Acquisition Act) in view of the fact that Part V including section 96 thereof was brou......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. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ...... AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) ......ngely enough, the learned Judges thought the points raised in the application were so simple as to merit summary disposal and yet they granted the certificate. Such a mechanical approach cannot but call for strong disapproval. Indeed it was not that the appellant alone who felt aggrieved by the s......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....shy;dent is absolved from maintaining her and the children born to him from her." [In the instant case the High Court held that section 488 of the Code of Criminal Procedure empowers a Magistrate to pass an order awarding a monthly allowance for the maintenance of wife and ......ich set aside an order dated 28-2-68 passed by Mr. M S Ali, Magistrate. 1st Class, Dacca, in Case No. 9064 of 1967 under section 488 of the Code of Criminal Procedure. 2. Short facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respondent Abdul Ha...... after her husband took the second wife, she could not honourably live there due to ill-treatment both by the husband and the co-wife. She suffered both mentally and physically and was forced to take up a separate residence for her with her children. There was no clear......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....M. Akbar and others were also quashed and they were ordered to be set at liberty. 3. The learned Attorney-General appear-for the appellant firstly contended that order passed in exercise of powers under sections 435 and 439 of the Code by the learned Judges of the High Court Division in i......3 are set aside Ed. ......vered by the Certificate. In appeal No. 11 one A.T. Mridha is the sole respondent, while in appeal No. 12 there are six respondents. 2. The respondent A.T. Mridha is the proprietor of a firm called Mridha and Co., which is engaged in jute trade. He has a number of godowns for the purpose o......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
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