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Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……………………&...... as provided in the Rules. The respondent preferred an appeal addressed to the Secretary, Ministry of Finance through C& AG on 8-12-78. The appeal was not addressed to the President who is the proper authority to entertain the appeal as per rule 18 of the Rules, 1976. The appeal was addresse...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....Article 199 conferring jurisdiction to the High Courts of Pakistan, expression used is ‘aggrieved party’ A little comparison will show that the language used in our Constitution in Article 102 is completely different from Articles 32 and 226 of the Constitution of India. So, in deciding the true......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2...... stated in the writ petition that as an environmentally concerned and active organisation, BELA conducted investigations at various times in 1992-93 in the FAP-20 areas. The appellant alleged that no proper environmental impact assessment had been undertaken in relation to FAP projects even though t......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......sh Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Judgment ......unals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himself in the proceeding and thereby he was illegally dismissed from ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ent July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other tha......tee (defendant No. 1) in the care of the petitioner (defendant No. 2) in a registered envelope which the petitioner is alleged to have refused to receive was wrongly accepted by the Courts below as proper service of notice terminating the lease. 7. Defendant No. 1 respondent No. 2 ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....s facts and peculiar aspects of the present case, as noted earlier, under the dictate of judicial conscience we are inclined to see proper and fair adjudication of the suit. Accordingly, for doing complete justice in the matter we allow this appeal without, however, any order as to cost. In the ......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ......velopment, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order dated June 16, 1994 passed in First Misc. Appeal (briefly ...... courts below. But having considered the notorious facts and peculiar aspects of the present case, as noted earlier, under the dictate of judicial conscience we are inclined to see proper and fair adjudication of the suit. Accordingly, for doing complete justice in the matter we allow this appea..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
.... thereof for unauthorised absence from duty and misconduct. He, however, denied the charges. The enquiry proceeding, due to pendency of the Appeal in the civil Court noted earlier, having not been completed within the prescribed period of 120 days the proceeding ended automatically and thereby r...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………&hellip......er section 4(3) of “1984 Rules” was initiated on 22-12-84 against him for his unauthorised absence and misconduct under Rule 3 (Ga) and 3(Kha) thereof. The enquiry officer after holding proper enquiry submitted his report on 15-6-85 finding respondent No.1 guilty of the charges and a......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......sh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another……………………………....... cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt of the notice and directed the company not to transfer any moveable or immovable properties. On receipt of the said notices under section 10A of the Public Demands Recovery Act the......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
...., appearing for the respondent, submitted that if it were a question of ordinary dismissal from service under ordinary law in normal times then the bar under Article 117(2) to the writ petition was complete and no court except an Administrative Tribunal could take cognizance of such matter. But ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddi...... 1997 when the Government which lost power in 1975 came back into office after the election of 12 June, 1996. But the Government has preferred this appeal. Be that as it may, we do not consider it proper to permit the respondent to seek for leave to appeal from the decision of the Administrative...... 1987 before the Administrative Tribunal, Dhaka but by judgment and order dated 15-11-89 the case was dismissed on the short ground that the Martial Law Order (MLO) was outside the jurisdiction of adjudication by the Administrative Tribunal. The respondent preferred Administrative Appellate Trib..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&he...... Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to t......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......;………….Petitioner Vs. Mrs. Bilkis Jahan Ferdous................ Respondent Judgment December 12, 1996. The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his m......ods of allowing the petitioner to see his son. Especially when the suit is pending for the last 2 years and when it does not appear that the trial of the suit is about to take place it will not be proper to deny the petitioner to see his son for all time to come till the suit is decided. As and ...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....stays the proceedings of inferior tribunals impeding its progress when speedy trial is the object of establishment of such tribunals, stops the implementation of a development work which has to be completed within a time-frame or which is primarily financed externally on pain of lapse of financi...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents ......ount of tax assessed by the Customs Authority and the amount of tax to be paid pursuant to the interim order even though respondent No. 1 in his prayer (B) in the writ petition offered to furnish a proper bank guarantee for the same. 4. Leave was granted to consider the submissions......ance Act, 1996. Why should he be allowed not to pay supplementary duties at all? The disputed increase in supplementary duties is the issue, not the duty itself. The development surcharge can wait adjudication as to whether it is effective from 1-7-97 or earlier. 10. We now come to the ..Category: Criminal Law | Date: | Hits: 119
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....™s vendor, Jagadish Chandra Saha Roy. The plaintiff intended to construct a pacca market in the suit plot and on the plaintiff’s request he had to suspend his business for enabling the plaintiff to complete the construction work. The plaintiff promised to allot him one adjacent to the road in the ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses ......aying down any principle of law therein regarding the service of notice under section 106 of the TP Act. An argument was, however made on behalf of the tenant-petitioner, that the notice had not been properly served upon the defendant, inasmuch as the notice was returned undelivered with the remark ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ern society. In a Bangladesh Jail they have to live almost incommunicado because of language barriers which is telling upon their physical and mental health. Because their food and other habits are completely different from those of most of the inmates of the jail a day of imprisonment for them ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and......passion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......er section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period alread......er the appellant took a revision in the High Court Division and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the ca......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ...... Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not contemplated under article 50, ...... of People Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election......ple Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petiti..Category: Election Law | Date: | Hits: 168
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d......School by 5-00 PM of 9-9-94 after making an inventory of the records and documents. 3. The writ petitioner challenged the said order on the ground that the Managing Committee of the School is the proper authority to reinstate respondent No. 2 and respondent No. 1 had no authority to direct the e......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse......Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal up......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond......), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him penalty of compulsory retirement. The tribunals below had no reason to t...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....perate to the benefit of the children, Mr. Ozair Farooq, learned Advocate on Record for the appellant father, does not dispute the proposition of law but his grievance is that the High Court Division completely ignored this basic principle and granted custody of the children to the undeserving mothe...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………â€......-11-l993 and respondent No. 1 hired a house at Uttara Model Town and got the two elder children admitted in the International School, Dhanmondi. All arrangements were made by respondent No. 1 for the proper maintenance of the family while he left for London to his place of business. He, however, vis......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res......¦.Plaintiff-Respondents Judgment February 5, 1997. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous d......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
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