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Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....ption and misconduct. He submitted a reply to the second show cause notice on 19.6.86. By an order dated 17.7.86 he was discharged from the service of the Corporation. 3. In exercise of the powers conferred by Article 21 of the Bangladesh Parjatan Corporation Order, 1972 (President's Orde...... was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard befor......nt's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were published in the Bangladesh Gazette Extra on 12.11.80. Hereinafter called the said Rules. Rule 59 thereof provides that "an Officer or employee on whom punishme......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....ector (technical) of the Corporation a conspiracy was hatched and the Chairman, petitioner No.2, was prevailed upon to pass the impugned order which was done mala fide and in colourable exercise of power. 3. The petitioners denied the allegations and stated further in their affidavit‑......itioner. ANM Gaziul Haque, Senior Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the Hig....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....from considering such evidence and, if it thinks fit, coming to a conclusion that the recital is inaccurate. 29. Mr. Islam then submitted that under Article 55(2) of the Constitution the executive power of the Republic shall be exercised "by or on the authority of the Prime Minister" and there be......………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, ......ak people of Bangladesh and actually distributed this currency inside Bangladesh; 5) In order to wage an armed struggle against Bangladesh the detenu purchased ten modern firearms from the so‑called Shanti Bahini and lastly; 6) With the object of furthering the aims of Shadhin Banga‑Bh......rarn Parishad" which is financed by some foreign country; 3) In order to destroy the independence and sovereignty of Bangladesh and with illegal and dishonest object the detenu had held secret meetings, open meetings and distributed leaflets and also organised terrorist activities among the ..Category: Constitutional Law | Date: | Hits: 185
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....hen he may like. Secondly, it may extend beyond the life of a licensor and thus bind his heirs, which act will not meet the approval of the Muslim Law, unless it is not beyond licensor's testamentary powers. It follows that the limited interest or an estate for life, if tested by the standard laid d......aw, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of the ......aw Regulation, 1964;which vindicate the Muslim Law stand, regarding limited interest of life estate. It will be seen that all these enactments witness the legislative intervention to oust the diametrically opposed rule of custom that mauled the outstanding feature of the property rights expounded by......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....e it. A "greater public interest" cannot be treated as a guarded secret; it must be disclosed. Of course, if the promise has been made by an officer of the government (or a statutory body) who got no power or authority to do so, then the promise is not binding upon the government. Again, when the go......smissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. ......otice upon the appellant though the appellant had been in possession of a major part of the land since 1983. In these circumstances, the appellant made a representation to the President who thereupon called for a report. Report came and it is dated 12 November 1989 (Annexure‑D) signed by the DIT"s...... project under the name "MOHUA" it selected a part of mouza Bailjuri and applied to the Dhaka Improvement Trust (DIT) for approval of the said housing project. The Board of Trustees of the DIT in its meeting held on 4.10.1978 approved the project and authorised the Town Planner to approve the layout..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....state of things existing at the date of the suit or just prior to that date, in order to forestall a possible order of the court, the Court may, in an appropriate, case, in exercise of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore...... J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Respondents Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguso......nation, namely, whether the appellants and defendant‑respondent No. 2 had flouted the Court's order even after coming to know of the Court's order of status quo allegedly on 27.10.90, Is not called for, although it is clear from the lower appellate Court's judgment that even after the fina......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
.... could not claim protection under Article 311 of the Indian Constitution. After referring to the decision it was held in Union of India vs. KS Subramanian AIR 1976 (SC) 2433, 2438 that whereas the power contained in Article 3 10 governs alt Government servants, including those in the services co......h Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union o......ich the development has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call" illegally”, the second “irrationality” and the third "procedural......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....issions, first, that the learned Additional Sessions Judge having in effect ordered a further enquiry under section 436 Cr.P.C. in Criminal Case No. 182(c) of 1987 there was no warrant for exercising powers under section 561A Cr.P.C. for quashing thereof in the absence of a finding that even assumin......……………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....er of getting exemption from customs duty on the basis of the earlier notification and the same could not be adversely affected by subsequent notification made by the Government in exercise of the power of delegated legislation. In reaching the said conclusion sections 19 and 30 of the Customs A......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others…………………&helli......assessed as per SRO in force on the date of the opening of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same giving rise to the aforesaid legal dispute. The writ-petitioner in Writ Petition No...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....lity of text-books in those schools. The Board had statutory control over the text-books prepared and published or approved by it and by necessary implication, he submits, this control included the power to protect its text-books from being used (or abused) in the production of ‘note-books&......n Abdul Kader alias Mostafa Kamal & others……….. Respondents (In Civil Appeal Nos. 77 of 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana ......d Judgment and order dated 11 August 1993 passed in Writ Petition Nos. 321 and 561 of 1987, the High Court Division declared the Note-Books (Prohibition) Act, 1980 (Act No. XII of 1980), hereafter called the Imp Act, to be ultra vires of Article 39(2) of the Constitution and accordingly, struck ......shed for sale various ‘note-books’ for different classes of the above category which remained unsold in their library and godown. The Bangladesh Pustak Prokashak O Bikreta Samity in its meeting held on 13-3-1981, however, passed a resolution requesting all its members to abide by the ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....g was adequately explained by him but the Kartripakkha neither gave him any opportunity to explain the shrinkage nor considered the explanation given by him to be unsatisfactory. Also, there is no power of demolition of a building on the part of the Kartripakkha if it leans on one side and in an...... appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No.......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....ncluded by decision even if that be erroneous. The Supreme Court of Pakistan in the case of Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335 was considering the scope and extent of the power of review under Article 161 of the Constitution of 1956 and Kaikaus J made some observations t......which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Control......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....lities. There is nothing to show, he submits, that the appellant Ministry took any contrary decision later on. The High Court Division, he submits, right interfered in the matter and exercised its power judicial review when the Government was not acting reasonably and fairly in dealing with the ......p;…………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-o......nance the writ petitioners were urging, not only for their re-appointment as a matter of right, but also for “absorption” which would have given them continuity in service. They specifically challenged! the decision of the Ministry of Establishment in Annexures F and G of not treatin...... and determination of their terms and conditions (policy on re-employment...)”, (Item No.1). In the summary it is stated that 1007-strong personnel have been decided to be taken in a Cabinet meeting with the purpose of manning the newly-created Taxes Appellate Tribunals with “surplus..Category: Constitutional Law | Date: | Hits: 161
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ir vs. Kelu Nair, AIR 1933 (PC) 167 observed as follows: “Having induced the Appellants to permit him to retire, the Respondent cannot be heard to say that the appellants had no power to relieve him from service. Even if the action of the appellants was not strictly sanctione.................. Appellant vs. Bangladesh, represented by The Secretary, Ministry of Home Affair……Respondents Judgment August 28th, 1995. Cases Referred to- Bangladesh Parjatan Corporation Mafizur Rahman 46 DLR (AD) 46. Akhlasur Rabmanvi Safauru......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....badly damaged. She went out of commission altogether. There was no place of repair in Bangladesh or India. The nearest place of repair was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some r......the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central th......air was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some repairs were needed to be done locally as well. The plaintiff was advised that while towing the ship to a port of repair she might s...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....ff to enable him and other members of his family to see the minor child. Thereafter defendant No.1 sent a notice to the plaintiff informing that she dissolved the marriage exercising her delegated power of divorce and to the same effect she also sent notice to the Mayor of the Dhaka City Corpora......vision No.4002 of 1994 rejecting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff ......porary period for 3 days in a week. In the four corners of the plaint nothing has been stated claiming guardianship and custody of the child. Further, in the aforesaid agreement it has been specifically mentioned that the custody of the child will remain with the mother according to her rights u......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....sion but through seisin, which establishes possession; but a composition is of equal effect with a decree of the Kazee, in the present case, as the husband, by such composition, makes himself and his power over his own person is superior to that of the Magistrate. This reasoning does not apply to th......on Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal ......her paternal home. There she gave birth to a male child. Two months after the birth of the child the respondent took back his wife to his house and gradually started assaulting and torturing her physically and mentally. On the 5th Magh, 1381 BS corresponding to 18.1.75, the respondent after merciles......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......ssain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) Judgment June 30, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kan......that the transaction was only of a civil nature and that mere breach of a contract cannot give rise to a criminal prosecution. 15. It has been noticed that respondent Iqbal Hossain, who was practically the principal accused, was charged and convicted by the learned special Judge for the offences...... collusion with him. The argument is plainly unacceptable, because besides Mohammad Ali, there were seven other members in the Committee and other relevant officers also used to remain present in the meeting. It is not unusual to obtain such information even from clerical staff. So, the argument bas..Category: Anti-Corruption Laws | Date: | Hits: 92
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
.... But the usual and well-settled practice is that a criminal proceeding can only be quashed after cognizance has been taken and process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercised and only to prevent the abuse of the p......ip;………………………………………… Respondent Judgment June 11, 1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 3......ier and more proper for the High Court Division to dismiss the petition on merit. Indeed, no Rule should have been issued at all in this case. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is als......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... this Act shall be the High Court Division: Provided that the Government may, by notification in the official Gazette and subject lo such restrictions and conditions as it thinks fit, empower any District Court to exercise all or any of the jurisdiction by this Act conferred upon the.............Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sult......t. The Calcutta High Court framed rules under the powers conferred under section 246 of the Companies Act 1913 as amended by the Indian Companies (Amendment) Act (Act XXII of 1936). These rules are called Rules under the Companies Act, 1939. These rules had been adopted by the erstwhile Dhaka Hig......acknowledgment dated 31-12-86 for the receipt of the cash consideration upon a non-judicial stamp. The transfer of shares and resignation of the appellants from the directorships were accepted at a meeting of the Board of Directors held on 3-1-87 when the appellants were present. 7. The ap..Category: Business or Commercial Law | Date: | Hits: 118
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