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Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....Before, however, dealing with the main question as to whether the Tribunal was justified in interfering with and varying die order of dismissal even after finding further that there was no procedural defect in the departmental proceeding, we would like to dispose of the first contention of Mr. Asrar......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ent and order passed on merit by the High Court Division cannot be revised or reviewed by the High Court Division under section 561A of the Code of Criminal Procedure. In such a case, the aggrieved party may move the Appellate Division directly against the order of the Sessions Judge passed unde..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......icates clearly that the Sessions Judge's decision is not final in relation to a person who has not filed the revisional application to the Sessions Judge but has been impleaded therein as opposite party. Therefore, he is free to go to any appropriate forum to challenge the Sessions Judge's decis..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ion or damage; an arbitrator is an alternative form of resolution of disputes between parties; if so, he must have the power to decide all the disputes between them; if the arbitrator has no power, a party after getting a favourable award from the Arbitrator will have to go to some other forum, such..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... he had so sanctioned, to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct …………I am of opinion that, generally speaking, if a party having an interest to prevent an act being done has full notice of its having been done, and a..Category: Employment/Service Law | Date: | Hits: 126
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... of the Court of Settlement. The High Court Division, however accepted the Government's contention that the petitioner's appointment was rightly cancelled in terms of the contract to which he was a party and dismissed the writ petition. 4. The question now raised before us by the petition..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ulfils all necessary conditions for appointment. 13. Mr. Ishtiaq Ahmed, learned Counsel for writ petitioners respondents in Civil Appeal Nos. 44, 46 and 47, has argued that it was a mere technical defect in the orders of appointment on recommendation of the PSC showing the appointments "tempora......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......issal of the main application itself (in that case it was an application under Order IX rule 13 CPC. This statement was, however, qualified by prefacing that it is desirable that in all cases where a party who wishes to take advantage of section 5 of the Limitation Act ought to file a separate appli..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......metropolitan or urban areas choked by traffic, poisoned by water, suffocated by smog, deafened by noise and terrorised by crime. Restoring nature to the natural state is a cause beyond party and beyond factions. It has become a common cause of all the people. It is a cause of partic..Category: Environmental Law | Date: | Hits: 293
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......or the pre-emptee petitioners by referring to the cases reported in 37 DLR (AD) 184 and 2 MLR (AD) 330, submits that the provisions of section 14 of the Limitation Act can only be invoked when the party concerned is not negligent in conducting the proceeding. 7. What constitutes a negli..Category: Property Law | Date: | Hits: 68
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... Bangladesh to Bahrain and the publication of his name as Editor in-charge was discontinued with effect from 15-4-1992. Mr. Anwar Hossain by show of power and using muscle power of his political party got his name forcibly published as editor without caring to take the matter to the Board of D..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
.... Judgment February 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plai......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......ecretal dues to the account of the Advocates of the respondent No.1………….(12) Further, the appellant, who is the Custodian of the Consolidated Fund, was not made a party to the suit out of which the execution case arose, is not a judgement-debtor. Consequently, ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....s of the agreement for reconveyance the transferee had reconveyed the land and, as such, Miscellaneous case has become infructuous, that the Miscellaneous case was barred by limitation and bad for defect of parties. 4. The trial Court dismissed the Miscellaneous case on the findings that...... 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding (in the Miscellaneous case) to the opposite party No.1 ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......ia, was that the case land belonged to Durga Charan Saha and on his death the same devolved upon his son Jogendra Chandra Saha who transferred the case land to Ramizuddin and on his death opposite party (in the Miscellaneous case) Nos. 3-10 inherited the property, that Mod Mia and his brother Lo..Category: Property Law | Date: | Hits: 70
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......s that notwithstanding any other provision of law for the time being in force the provisions of the Order shall prevail and that under Article 33(13) there is provision for filing an appeal by any party aggrieved by any order made under Clauses (8), (9) or (11) of the Order and admittedly the or..Category: Civil Law | Date: | Hits: 95
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......le 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Moha..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....a Das and others..................Respondents Judgment November 22, 2005. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply the na......t the pre-emptees did not disclose the names of those left out co-sharers in reply to the interrogatories served upon them by the pre-emptor and also did not press the issue regarding the defect of party before the trial Court at the earliest opportunity. The High Court Division in this regard r..Category: Property Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......ld dignity of the judiciary and in the letter in question he marked it as secret and thought that in the interest of fair justice it ought to have been informed to the learned Counsel and he is not party to the proceeding. On his behalf, it has been emphatically reiterated that he was not aware ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....risdiction is so excluded the civil Courts have jurisdiction to examine cases whether the provision of the statute have been complied with and in the instant case he refers to his submission as to defect in the acquisition proceeding mentioned earlier and reiterates that under such circumstances......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
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