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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....be treated as guideline and it was not an executive action in terms of Article 55 (4) of the Constitution and in the absence of any guideline (for promotion) the authorities are vested with arbitrary powers, offending Articles 27 and 29 (1) of the Constitution……(53 & 54) The Constitution......…Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secretary, Mini......l consult” occurring in clause (2) of Article 140 were meant to be be “mandatory”, then the consequence should have been a total failure of an action taken after non-consultation, not a mere “call-attention memorandum for the consideration of the President and Parliament. To us, it appears, ......what basis the Committee will select the candidates is apparent from the appellants’ subsequent disclosure that the Council Committee on superior appointment, promotion and service structure in its meeting held on 3-11-91 reviewed the question whether interview should be re-introduced or not and d..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ment March 20, 1997. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspended Chairman and the acting ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... was also granted. 2. It appears that respondent No. 5, who was added in the writ petition on his prayer, filed an application for vacating the order of stay stating, inter alia, therein that in a meeting of the Union Parishad for electing an acting chairman held on 17-12-96 under the chairmanshi..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....dant-Respondents Judgment May 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a p......ure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....ssue any Rule on a Division Bench matter but, subject to his satisfaction that the matter is urgent, merely stays the operation of the impugned order till re-opening of the Court. He submits that the power of the Single Vacation Judge is confined to the entertainment of fresh matters on which a Divi......r. Pecuniary and other jurisdictions dividing the jurisdiction of single and division benches during the non-vacation period is obliterated during the vacation. The Single Vacation Judge is the repository of all manners of jurisdiction that the High Court Division enjoys, provided the matter is urge......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....ution adopted by the Parishad in its meeting on 14 purporting to authorise the Director General to take all actions in respect of all employees of Academy under the Rules of 1985. This delegation of power was said to have been made by the Parishad in exercise of its power under section 19 of the Ba......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another ……………...... of rule 4(6) of the Rules of 1985 to pass the order of dismissal. The Director General could take all steps under the rules but to pass an order of dismissal the Respondent was required to be specifically authorised by the Parishad in that behalf, himself being not the appointing authority. The Hig......ismissal was passed by the Director General, which is admittedly a major penalty under the said Rules. The order was however, supported with reference to two resolution adopted by the Parishad in its meeting on 14 purporting to authorise the Director General to take all actions in respect of all em..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. The Customs Act, 1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64,......sel for which bill for US $ 134. Exhibit 14 was submitted by the plaintiff. But Exhibit 14 is not the bill for the said amount. However assertion of the PW 1 about the said amount has not been specifically denied by the DW1. Exhibits 14 to 17 are the subsequent communications between the parties abo......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....o the original date of filing of the election, because such averments ‘are practically in the nature of filing a fresh election petition on new allegations. The Election Tribunal surely has the power to allow the parties to amend their pleadings if it deems it fair and proper but it has no pow......d the amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitio......tive illegality in the counting of votes in Ward No. 2. Such kind of amendment cannot be allowed to relate back to the original date of filing of the election, because such averments ‘are practically in the nature of filing a fresh election petition on new allegations. The Election Tribunal su...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......bdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1, 2000. Result: The petiton is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 11, 151 & Order VI......by part. 10. Admittedly these 40 plaintiffs earlier instituted Title Suit No. 177 of 1994 in the third court of subordinate Judge, Dhaka for declaration of their title in the suit property specifically described in schedule ‘Ka’ and ‘Kha’ attached to the plaint wherein CS plot No. 371 wa......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....r.P.C. in rejecting the application. He further submits that upon such misconstruction the learned judges were wrong in not dispensing personal appearance of the accused in exercise of their inherent power for the reason there being no provision for such dispensation in the Code. Where in a criminal......riminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” d...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....tion of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred to- ......ection 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 D......Money Suit No. 143 of 1993. 4. It appears that on 17-3-1993 the case was fixed for argument and on that date time was taken. Subsequent thereto on 17-7-1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......; The State......Petitioner Vs. Nurul Islam……………….Respondent Judgment 13 May 2002 Lawyers Involved: Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner N......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
.... Court Division erred in discharging the Rule and the further submission that in fixing premium for long term lease and granting such lease to the appellants, Government was exercising sovereign power of the State and as such no action could have been taken in derogation of the rights of the al...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Agrabad Hotel Ltd. & another..............Appellants Vs. Revenue Deputy Collector, Cox's Bazar & others...........Respondents Judgment 28th November 2004&n......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ead of passing the Chalan the allotment was cancelled by letter dated 09.06.1998. 8. Mr. Ahmed argued that this Annexure-I was issued by the Deputy Commissioner as per decision taken in a meeting at the local Circuit House presided over by the them Minister in charge of the Ministry for ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....nguish their right in the suit land. 17. The High Court Division, however, proceeded to consider the evidence of the parties afresh holding that 'since I am disposing of the appeal invoking the power under section 103 C.P.C Let me discuss the evidence of the witnesses adduced by the parties." ...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (repealed) Section 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appr...... affecting merit of the case. In the instant case the Court of appeal below has arrived at the finding regarding title of the plaintiffs by way of adverse possession. Paragraph 4 of the plaint specifically asserted that: ৪। ৮নং মোঃ বিবাদীর ভরন পোষণ ও ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observat......ion was filed impugning the order of the respondent No. 1 herein issued under the signature of the respondent No. 1 herein issued under the signature of the respondent No.2 asking the respondent No.3 to manage the business of the Waqf Estate of Hazrat Khaza Kalu Shah Mazar Waqf Estate, Sitakundu, Ch......t petitioner could seek clarification/interpretation of the impugned order of respondent No. 1 in Civil Revision No. 1207 of 1999 before the High Court Division is totally unwarranted and uncalled for. 14. The observation of the High Court Division that the writ petition is a ......ition is a device to side track or to ignore the order of stay passed in the civil revision and lastly the submission that the High Court Division erred in deciding the writ petition on merit without meeting the grounds taken in the writ petition and such error has led to an error in the decision in..Category: Property Law | Date: | Hits: 57
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......he State..........................Respondent Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Div......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......t Appellate Division (Civil) Present: Syed J. R. Mudassir Husain C. J Mohammad Fazlul Karim, J Amirul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others.............ter alia, that there being several charges of misconduct, indiscipline and corruption against the respondent the bank imposed the punishment under Rule 28(1) of the Regulation and the same does not call for interference and that the Administrative Tribunal and the Administrative Appellate Tribunal......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
.... Administrative Tribunal. 11. The vital point for consideration whether the High Court Division is competent to entertain writ petition on the view that the Administrative Tribunal has no power of granting ad interim relief and normal procedure by way of appeal will take long time by w......lam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of ......perintendents of police and seeking an order of stay till disposal of the Administrative Tribunal Case No. 344 of 1998. 2. The Writ petition was filed seeking the relief: "A. A Rule Nisi calling upon the respondents No. 1-3 to show cause as to why their actions relating to further promo......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......issed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of certain undelivered goods and for compensation at the r......recting the defendant to refund the said amount. 18. On perusal of the impugned judgment of the High Court Division we do not find any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefo......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....;s son Nazir Mohiuddin who was also the Managing Director when the land and the industry and the residential building were taken over by the Government on 31-12-1971 under the purported exercise of power under Acting President's Order No. SRO-XII-M-35/71/17 dated 26th December, 1971 published in ......re, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... as to maintainability and evidence is required to be led in support thereof Ends of justice would best be served if we remain confined ourselves to the leave granting order instead of exercising our power under Article 104 of the Constitution and allowing the respondents to take resort of Order&nbs......of the suit under section 42 of the Specific Relief Act read with section 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division i......ded on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
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