The Law Messenger - LM

24/01/2024

vol. 800/-; Total 15 vol. & 2 ref. book.
2,000+ Bangladesh Supreme Court Judgement.
Contact: 01763352794. 01515246968
All Judgement available in our website. Link: https://lawmessengerbd.com/

17/12/2023

https://youtu.be/bauD36Z6nHU?si=EoBmZqrck5JmHTHx

এমন বিকেল দেখেনি প্রধান বিচারপতির বাসভবন | Channel 24Welcome to the Official YouTube Channel of Channel24 »» One-Click Subscription ...

05/08/2023

Criminal judgment citation of LM volume-14.
For more citation: https://www.lawmessengerbd.org/

05/08/2023

Civil judgment citation of LM volume-14.
For more citation: https://www.lawmessengerbd.org/

30/07/2023

Biography of Honorable Justice Md. Abu Zafor Siddique

19/06/2023

LM's each volume 800tk (Total vol. no. 13), Civil Reference 500tk & Criminal Reference 400tk.
Contact: 01763352794

22/04/2023

সবাইকে "ঈদ মোবারক!"

04/03/2023

The Law Messenger (LM). Supreme Court Law Reports. Get 1,500+ Appellate Division's Judgment.
Each Volume price only 800/- taka.
Details: 01763352794

22/11/2022

Arpito Shompotti Pratyarpan Ain, 2001 (অর্পিত সম্পত্তি প্রত্যর্পণ আইন)
অর্পিত সম্পত্তি প্রত্যর্পণ আইন, ২০০১

Section-5(2), 6

Direction-(h), The Government may take necessary measures by enacting law in respect of properties which were vested to the Government and where institution have already been developed for the purpose of the development of the country may be named after the name of the original and lawful owner. Regarding direction-(h)-Appellate Division’s considered view is that a writ of mandamus cannot be issued to the legislature to enact a particular legislation. Same is true as regards the executive when it exercises the power to make Rules, which are in the nature of sub-ordinate legislation.

This Act i.e. Act of 2001 covered issue of compensation vide section-5(2) and proviso of section-6. The term ‘sufficient and just’ depends upon the criteria, location, etc. of the property which will be determined by the concern department of the Government. Relating to enactment of law, Appellate Division already expressed their views while discussing direction-(h) of the High Court Division. It appears that the Government enacted a law, Act of 2001 (Amended in 2013), to dealt with the vested properties fairly and reasonably in accordance with the law. As such, there is no necessity to issue directions upon the Government regarding the vested properties. .....Ministry of Land, Bangladesh =VS= Md. Abdul Hye, (Civil), 2022(1) [12 LM (AD) 1]

The Constitution of Bangladesh, 1972

Article 143 (1) (c) r/w

Arpito Shompotti Pratyarpan Ain, 2001

Section 9(6)

Permanent lease– The predecessor of the appellants are in possession of the homestead of Shachida Nanda Sarkar from the year 1960 and from the evidence it appears that such possession was not denied by the Government, respondent Nos.1-2. Since appellants and their predecessors are/were in possession of the homestead of Shachida Nanda Sarkar since long, Appellate Division is, therefore, of the view that the landed property belonged to the appellants i.e. homestead of Shachida Nanda Sarkar measuring 3(three) bighas, the appellants for ends of justice would be entitled to have permanent lease because the predecessors of the appellants were refugees to take shelter came from India. The lease money would be Tk.1,00,000/- (Taka one lac) only. .....Khandakar Nurul Islam(Md.) =VS= Deputy Commissioner, Panchagarh, (Civil), 2022(1) [12 LM (AD) 60]

Sourch Link: https://www.lawmessengerbd.org/results?search=&act_law_name=493&sec_article_order_no=&ad_hcd=&parties_name=&reference_no=&ad_hcd_sc=&case_type=&case_no=&case_year=&author_country=&author_name=&lawyer_country=&lawyer_name=

24/09/2022

Per vol. 800/-; Total 12 vol. & 2 ref. book.
Get 1,500+ Appellate Division Judgement.
Contact: 01763352794.
All Judgement available in our website. Link: https://lawmessengerbd.org/

15/08/2022

Recite in the name of your Lord who created –
Created man from a clinging substance.
Recite, and your Lord is the most Generous –
Who taught by the pen –
Taught man that which he knew not.

তুমি পড়ো তোমার প্রভুর নামে যিনি সৃষ্টি করেছেন, --
সৃষ্টি করেছেন মানুষকে এক রক্তপিন্ড থেকে।
পড়ো! আর তোমার প্রভু মহাসম্মানিত –
যিনি শিক্ষা দিয়েছেন কলমের সাহায্যে,
শিক্ষা দিয়েছেন মানুষকে যা সে জানতোই না।

(Source: Surah Alaq, 96:1-5, Al Quran)

13/11/2021

Get 1,200+ Appellate Division judgments in 'the Law Messenger'. Per volume price only 800/-. Details-01763-352794
See more: http://lawmessengerbd.com/

13/11/2021

The Evidence Act, 1872
Section 50
Mohammedan Law (Mulla’s)
Paragraph 252
Section 50 of the Evidence Act declares that "when the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person, who as a member of family or otherwise, has special means of knowledge on the subject is a relevant fact". Illustration (a) to section 50 says; “the question is, whether A and B were married. The fact that they were usually received and treated as husband and wife, is relevant”. This section says when the question arises as to the presumption of marriage, the opinion that makes relevant is opinion expressed by conduct as to the existence of such relationship and not merely as to that relationship. It is for the Court to weigh such evidence and to come to its own opinion as to the relationship in question. When the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct, as to the existence of such relationship, of any person who, as a member of family or otherwise, has special means of knowledge on the subject, is a relevant fact.
Even in the absence of formal proof of a valid marriage, a marriage can be presumed by evidence of conduct and reputation, and the question of consummation forms often an important element in the status of valid marriage. A presumption of consummation is raised from the retirement of the husband and wife, i.e. there should be no third person at the place and that the place should not be a public one, like a public bath, public road, a mosque etc. Where there has been prolonged and continuous cohabitation as husband and wife, in the absence of direct proof a presumption arises that there was a valid marriage. The law permits no specific ceremony for the contractual performance of a marriage: and no religions rites are necessary for contracting a valid marriage. There are even opinions that a marriage may be constituted without any ceremonial and even in the absence of direct proof, indirect proof might suffice. The High Court Division, in the premises, erred in holding that mere living together as husband and wife did not bring it within the bound of marriage. Apart from acknowledgment by either party, if there is continual cohabitation between a man and woman as husband and wife, there is presumptive marriage and legitimacy provided that the parties were not prohibited from intermarrying.
We find that the High Court Division has totally overlooked the presumption of a muslim marriage and relying upon paragraph 252 of Mulla’s Mohammedan Law disbelieved the appellant’s claim of marriage. If the High Court Division had considered paragraphs 254 and 268 of Mulla’s Mohammedan Law, its decision would have been otherwise. The High Court Division based its decision on piecemeal consideration of Mulla’s Mohammedan Law and arrived at a decision which is not supported by any of the authors of Mohammedan Law. It has tried to apply a doctrine of Muslim Marriage against the established schools of Mohammedan Law. Therefore, the decision of the High Court Division is based on a misconception of the basic principles of Mohammedan Law and thus the interference of the judgments of the Courts below is an error of law apparent on the face of the record. The evidence on record sufficiently proved that there was existence of legal marriage between the appellant and respondent. ...Momtaz Begum(Mst.) =VS= Anowar Hossain, (Civil), 2021(1) [10 LM (AD) 188]
The Evidence Act, 1872
Section 112
It appears from the judgment of the appellate Court, the last Court of facts, without considering evidence, particularly, the evidence of P.W.2, and recitals in exhibit-3 erroneously held that Kanai was not the son of Niroda and Krishna Das. This finding is not based on legal evidence and both the Courts have failed to give due weight of the presumption under Section 112 of the Evidence Act. The defendants have tried to make out the case only to deprive the plaintiff from the property without any legal evidence. ...Reba Rani =VS= Sree Nipendra Chandra Mondal, (Civil), 2021(1) [10 LM (AD) 164]
গ্যাস বিপনন নিয়মাবলি, ২০১৪
Rule 3.2
Gas connection– The appellants claimed that the gas supply is not available in the area wherein the respondent No.1 wants to set up his CNG filling station. But in the same area, letter of consent was given by the Bakhrabad Gas Systems Limited to another CNG filling station namely, M/s. Fair Fuel CNG filling station. Non-fulfillment of the requirements by the M/s. Fair Fuel CNG filling station is not a bar to give consent to the respondent No.1 to give gas connection. ...Bakharabd Gas System Limited =VS= Md. Nizamul Islam, (Civil), 2021(1) [10 LM (AD) 202]
Government Servants (Discipline and Appeal) Rules, 1985
Rule 7(5), 10
The petitioner has been dismissed without getting any opportunity of being heard, which is an absolute violation of the principle of natural justice– The respondents-opposite parties failed to follow the procedures provided in the Rules, 1985 accordingly. The petitioner was not given any opportunity to be heard. The inquiry proceeding was held ex-parte, which was not in accordance with law. At the same time the petitioner was not given opportunity to cross-examine the witnesses or to produce evidence in his favour according to Rule 10 of the Rules, 1985.
We are of the view that the Administrative Appellate Tribunal committed a serious error of law in not considering the provisions of the Government Servants (Discipline and Appeal) Rules, 1985 in toto and the principles of natural justice properly. The petition is disposed of. The judgment and order of the Administrative Appellate Tribunal is hereby set aside. ...Syedul Abrar(Md.) =VS= Ministry of Primary and Mass Education, BD, (Civil), 2021(1) [10 LM (AD) 301]
Link: http://lawmessengerbd.com/

Dear Visitor/Subscriber, We have tried our level best to avoid mistakes, typographical or otherwise but if there are any errors found in the whole work, please treat the same as bonafide/unintentional mistakes on the part of ‘The Law Messenger’. We shall be grateful if the mistakes brought to ou...

06/11/2021

Durnity Daman Commission (Employees) service Rules, 2008
Rule 39 (Kha), 40(1)(Kha)(4)
Compulsory retirement– It appears that only for few days’ unauthorized absent in the office the writ petitioner has been removed from the service which is, at any rate, to severe. We are of the view that ends of justice would be met if the petitioner is sent on compulsory retirement instead removal from the service. ...Alamgir Hossain(Md.) =VS= Durnity Daman Commission, (Civil), 2021(1) [10 LM (AD) 288]

The (Emergency) Requisition of Property Act
Section 5, 8
If the property is not acquired under section 5 then only release from requisition may be prayed for under section 8 of the Act, 1948– The High Court Division observed that the Enquiry Committee formed by the Deputy Commissioner reported that the land was not used for the purpose for which it was requisitioned, and it recommended for de-requisition of the case property and accordingly directed the property to be de-requisitioned and released. ...Government of Bangladesh =VS= Meherunnessa, (Civil), 2021(1) [10 LM (AD) 1]

The (Emergency) Requisition of Property Act
Section 5(7)
The Government can acquire any property following legal procedures and upon payment of compensation. In the facts of the instant case, it appears that all due procedures were followed up to the service of notice under Section 5(7) of the Act, 1948. Affected persons had the opportunity to file objections under section 4 of the Act, 1948. However, the writ petitioner, who did not have title to the property nor was in possession, could not have lodged any objection. Nevertheless, when he is able to obtain validation of the exchange documents and thereby gains title to the property in dispute, he shall have a right to receive compensation.
In the impugned judgement the High Court Division had given a direction upon the writ respondents to reopen the exchange case. Fourteen years have elapsed, and no steps have been taken in this regard. The appellant is directed to comply with the direction of the High Court Division within six months from receipt of this judgement. In the event that the respondents herein are successful in proving their title to the property in question they shall get compensation in accordance with law. ...Deputy Commissioner, Jashore =VS= Md. Abu Reza, (Civil), 2021(1) [10 LM (AD) 35]

The (Emergency) Requisition of Property Act
Sections 5(7), 14A
Appellate Division opinion, section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act. Not only this, if any suit or appeal was pending from before the enactment of this section (this section was inserted by E.P. Ordinance No.XIII of 1963) against any order or action under the Act it was to abate.
Gazette notification has been published in respect of the suit property along with other properties on 25.06.1973 prior to filing of the suit. According to the spirit of section 5(7) of the Act, the properties so acquired shall vest in the Government free from all encumbrances. Therefore, the Government is at liberty to lease it out to anybody whomever it likes.
The unused suit property was also utilized for public purpose and the Government is at liberty to do so since the disputed property and other properties vested in it pursuant to the gazette notification dated 26.06.1973 in L.A. Case No.30 of 1958-1959. Accordingly, this civil appeal is allowed without any order as to costs. ...BADC, Dhaka =VS= Md. Shahidullah, (Civil), 2021(1) [10 LM (AD) 248]

Estate Manual Rules
Provision of 54 and 63
Government Khas mohal land in view of provision of 54 and 63 if Estate Manual Rules–Khas land should not be settled to a person other than bona fide cultivator for the purpose of cultivation, except provision provided in the sections of the Government Estate Manual. The claim of the defendant respondent that he got settlement the land from the Government which was not proved before the trial Court, if any, how, he shows any document of the settlement those are not bona fide and in accordance with the provisions of the Government Estate Manual. The judgment of the High Court Division is set aside. ...Jahanara Begum =VS= Moriyom Begum, (Civil), 2021(1) [10 LM (AD) 168]

Link: http://lawmessengerbd.com/

Dear Visitor/Subscriber, We have tried our level best to avoid mistakes, typographical or otherwise but if there are any errors found in the whole work, please treat the same as bonafide/unintentional mistakes on the part of ‘The Law Messenger’. We shall be grateful if the mistakes brought to ou...

02/11/2021

Acquisition and Requisition of Immovable Property Ordinance, 1982 (Amended by Act XX of 1994)
Sections 7(4) and 12(l) and
The Ordinance No. II of 1982
Section 5(1)
The requiring body made payment of the compensation amount within one year of the final decision to acquire the land– From the record that the requiring body made payment of the compensation amount on 08.06.1995 which was, therefore, within one year of the final decision to acquire the land. In the above facts and circumstances we find that the High Court Division was not correct in holding that the payment of compensation by the requiring body was not made within one year as required under the relevant law. ...Ministry of Land, Bangladesh =VS= Khorshed Alam Khan, (Civil), 2021(1) [10 LM (AD) 15]

The Administrative Tribunals Act, 1980
Section 4
Jurisdiction to file AT case– The Administrative Tribunals Act, 1980 along with the schedule annexed thereto it appears that the Anti-Corruption Commission has not been included therein and, as such, the decision referred to above squarely applies in this case. Again the Anti-Corruption Commission being creature of statute and unless that statutory body is included in the schedule to the Act, 1980, there arises no question of availability of the jurisdiction before the Administrative Tribunal.
The Administrative Tribunals Act, 1980 is applicable to all persons in the service of the Republic as well as to the employees of statutory bodies which have been included in the schedule to the said Act, 1980. Since the Act is not applicable in the case of the writ petitioner and since he had no other equally efficacious alternative remedy available in any other forum provide by any law, the writ petition is maintainable. Civil appeal is dismissed without any order as to costs. ...Anti Corruption Commission =VS= Ahsan Ali(Md), (Civil), 2021(1) [10 LM (AD) 113]

Administrative Appellate Tribunal Rules,1982
Rule 6 (7)
Limitation– A.A.T. Appeal No.72 of 2000 was dismissed for default on 08.05.2006 and thereafter about 1(one) year 10(ten) months after passing of the said dismissal order this appellant filed the miscellaneous case for setting aside the said dismissal order the explanation which this appellant offered before the Administrative Appellate Tribunal for condonation of delay was not at all satisfactory for condonation of the said long delay of 1(one) year 10(ten) months. So, we find that the Administrative Appellate Tribunal did not commit any wrong or illegality in rejecting the said miscellaneous case for setting aside the dismissal order of appeal holding that as barred by limitation. Considering the facts narrated above, we rather find that the Administrative Appellate Tribunal was quite justified in rejecting the miscellaneous case for setting aside the dismissal order of the appeal. ...Nur Mohammad =VS= Bangladesh, (Civil), 2021(1) [10 LM (AD) 375]

The Arbitration and Conciliation Act, 1996 (as amended)
Sections 12, 26
Appoint Sole Arbitrator– With the consent of the Counsel for the parties, we appoint Justice G. S. Singhvi, former Judge of this Court, as the Sole Arbitrator, who will adjudicate all the claims and counter claims afresh. If the Sole Arbitrator requires the assistance of qualified Engineer/s or Expert/s, he may appoint such person/s under Section 26 of the Arbitration and Conciliation Act, 1996. The Ld. Arbitrator is free to fix his fees after consultation with the parties, which will be borne equally by them. ...National Highways Authority of India =VS= M/S. Progressive Construction Ltd., (Civil), 2021(1) [10 LM (SC) 4]

The Arbitration Act, 2001
Section 43
Arbitration award– Order sheet of the arbitration proceeding and the judgment of the High Court Division. We do not find any element as provided in section 43 of the Arbitration Act, 2001 for setting aside the arbitral award in the pleadings and other materials produced by the respondent. We also did not find any allegation and proof of fraud or corruption or the arbitration award has been made in contravention of law or the arbitrator have failed to give reasons in the arbitration award. The High Court Division has committed error of law in setting aside the arbitral award of the majority arbitrators. We find substances in this appeal. ...Saudi Arabian Airlines Corporation =VS= M/S Saudi Bangladesh Services Co. Ltd., (Civil), 2021(1) [10 LM (AD) 212]

Link: http://lawmessengerbd.com/

Dear Visitor/Subscriber, We have tried our level best to avoid mistakes, typographical or otherwise but if there are any errors found in the whole work, please treat the same as bonafide/unintentional mistakes on the part of ‘The Law Messenger’. We shall be grateful if the mistakes brought to ou...

30/10/2021

The Constitution of Bangladesh
Article 102
The contract entered into by the writ-petitioners and writrespondents is an ordinary commercial contract and the remedy in case of breach of this contract, if any, is available before the civil court and the High Court Division had no jurisdiction to entertain the writ petition.
The question whether the writ-petitioners completely failed to perform their part in the contractual obligations in making the payments in accordance with the terms and conditions as specifically spelt out in the memo dated 09.04.1984 can be decided by a civil court after taking evidence. As the instant case is not maintainable under Article 102 of the Constitution, so the question of the obligations, duties of the parties are not to be dealt with in this forum. We have already discussed in the preceding paragraphs that the issue involves the question of the determination of facts which cannot be decided without taking evidence or examining the parties. ...Ministry of Commerce, Bangladesh =VS= Md. Nazrul Islam, (Civil), 2021(1) [10 LM (AD) 234]

The Constitution of Bangladesh
Article 102
A statute may be declared unconstitutional by the High Court Division exercising its power under article 102 of the constitution only if the statute is inconsistent of the constitution– A statute may be declared unconstitutional by the High Court Division exercising its power under article 102 of the constitution only if the statute is inconsistent of the constitution. Such inconsistency may be of various kinds such as the contravention of a fundamental right. The validity of the subordinate or delegated legislation can be challenged if the same is found to be ultra-vires the enabling or Parent Law. When the delegated legislation is found to be directly or indirectly in conflict with the provisions of the enabling law or Parent Law, it is held to be ultra-vires which are absent in this case. By the impugned amendment extended period of absorption was mentioned only. ...Maves Jasmin =VS= Md. Ruhul Amin-3, (Civil), 2021(1) [10 LM (AD) 241]

The Constitution of Bangladesh
Article 104
Partition of the suit land– We are inclined to exercise our power under Article 104 of the Constitution. We are of the opinion that the ends of justice will best be served if we allot saham to the appellant but only to the extent of 39 decimals land. Hence, the Advocate Commissioner is directed to allocate saham to the appellant as follows:
4 decimals land in the southernmost portion of plot No.833, 8 decimals land in the southern part of the west bank of the pond within plot No.805, 13 decimals land from the southern bank of the pond within plot No.805 and 14 decimals land from the pond within plot No.739. The appeal is allowed in part with modification of saham given to the appellant. ...Sadhan Chandra Baidya =VS= Parshuram Pilot High School, (Civil), 2021(1) [10 LM (AD) 79]

The Constitution of Bangladesh
Article 104
Period of limitation extension– Under article 104, it is thus ordered that any period of limitation in filing petitions/applications/ suits/appeals/revisions/all other proceedings, civil, criminal or administrative, under general or special laws, which expired on or after 26 March, 2020 stands extended till 31st August, 2020. This order has been passed to do complete justice and is a binding order within the meaning of article 111 of the Constitution on all Courts/Tribunals. ...Fazlul Haque Sarder(Md.) =VS= Grameen Phone Ltd., (Civil), 2021(1) [10 LM (AD) 49]

The Constitution of Bangladesh
Article 104
Complete Justice– In exercise of our power and the authority vested in us by the Constitution under article 104, it is thus ordered that any period of limitation in filing petitions/applications/suits/appeals/revisions/all other proceedings, civil, criminal or administrative, under general or special laws, which expired on or after 05 April, 2021 stands extended till 31st August, 2021.
It is further ordered that petitions filed before the Virtual Benches of the High Court Division must be filed before the appropriate regular Bench by 31st August, 2021, in default any interim order passed by the Virtual Benches shall stand vacated and all petitions filed before the Virtual Benches shall be deemed to have been dismissed. ...Ministry of Finance, Bangladesh =VS= Ali Karam Reza, (Civil), 2021(1) [10 LM (AD) 296]

The Constitution of Bangladesh
Article 104
Administration of the Deity and its property (Tarapur Tea Estate)– We have decided to invoke our extra-ordinary power under article 104 of the Constitution. The administration of the Deity and its property are to be administered by a democratically elected Management Committee. The First Management Committee is to be formed following the guide lines mentioned herein below:
(1) 1(one) representative of highly respectable Hindu residents of Sylhet town to be nominated by the Deputy Commissioner, Sylhet.
(2) 1(one) elected Hindu Commissioner/ Councilor from the Syelhet City Corporation, if any, to be nominated by the Mayor of Sylhet City Corporation. If such person is not available, the Mayor of Sylhet City Corporation shall nominate any Hindu resident of Sylhet town who is of high social standing and good reputation.
(3) 1(one) elected Hindu member of Zila Parishad, Sylhet District , if any, to be nominated by the Chairman of Zila Parishad, Sylhet. If no such person is available, the Chairman of Zila Parishad, Sylhet shall nominate any highly respectable Hindu resident of Sylhet.
(4) Principal, Sree Chaitanya Cultural Society (CCS).
(5) 1(one) Hindu representative from the District Bar Association, Sylhet to be nominated by the Executive Committee of said District Bar Association.
(6) 1(one) Judicial Officer preferrably from Hindu Community, of District and Sessions Judge Court, Sylhet “Judgeship” including Magistracy to be nominated by the District Judge, Sylhet.
(7) Shebait of “Sree Sree Radha Krishno Jieu” shall be ex officio member of the Management Committee. The Deputy Commissioner, Sylhet in consultation with the 10(ten) leading Shebaits or priests of the different temples of Sylhet town shall appoint Shebait of the Deity.
(8) 1(one) representative from Hindu Teachers of Shahjalal University of Science and Technology, Sylhet to be nominated by the Vice Chancellor of the said University.
(9) 1(one) representative from the descendants of Baikuntha Chandra Gupta, if available, to be ascertained and nominated by the Deputy Commissioner, Sylhet.
(10) 1(one) Hindu Officer from District Police Administration, Sylhet to be nominated by the Superintendent of Police, Sylhet, if not available, any Hindu responsible officer from Sylhet District.
(11) 1(one) representative from Jugaltila Akhra Committee, Sylhet.
The members of the Management Committee shall hold the office for a period of 5(five) years. The Management Committee shall be reconstituted at the end of every 5(five) years. ...Abdul Hye =VS= Ministry of Land, Bangladesh, (Civil), 2021(1) [10 LM (AD) 342]

Link: http://lawmessengerbd.com/viewActLawsWise/42

Amendment of – Preamble now is an entrenched provision of the Constitution that cannot be amended by the Parliament alone. Anwar Hossain Chowdhury vs Bangladesh 41 DLR (AD) 165. ....View Full Judgment

29/10/2021

The Companies Act, 1994
Section 43
Rectification of the Register of Member– Proprietary right vested to any member cannot be extinguished or ceased at the instances of an employee like a Secretary of the Club without any approval of the Board of Directors and without giving an opportunity of hearing of the concerned member to make payment of the outstanding amount as guaranteed in Articles 27 and 52 of the Articles of Association.
The learned Company Judge of the High Court Division has clearly and specifically failed to appreciate the legal consequences in failing to comply the mandatory provisions of Articles 27 and 52 of the Article of Association wherein it has been contemplated as regard the disciplinary provisions in the Articles of Association. ...Monir Hossain Emon(Md.) =VS= All Community Club Ltd., (Civil), 2021(1) [10 LM (AD) 155]

Acquisition and Requisition of Immovable Property Ordinance, 1982 (Amended by Act XX of 1994)
Sections 7(4) and 12(l) and
The Ordinance No. II of 1982
Section 5(1)
The requiring body made payment of the compensation amount within one year of the final decision to acquire the land– From the record that the requiring body made payment of the compensation amount on 08.06.1995 which was, therefore, within one year of the final decision to acquire the land. In the above facts and circumstances we find that the High Court Division was not correct in holding that the payment of compensation by the requiring body was not made within one year as required under the relevant law. ...Ministry of Land, Bangladesh =VS= Khorshed Alam Khan, (Civil), 2021(1) [10 LM (AD) 15]

The Administrative Tribunals Act, 1980
Section 4
Jurisdiction to file AT case– The Administrative Tribunals Act, 1980 along with the schedule annexed thereto it appears that the Anti-Corruption Commission has not been included therein and, as such, the decision referred to above squarely applies in this case. Again the Anti-Corruption Commission being creature of statute and unless that statutory body is included in the schedule to the Act, 1980, there arises no question of availability of the jurisdiction before the Administrative Tribunal.
The Administrative Tribunals Act, 1980 is applicable to all persons in the service of the Republic as well as to the employees of statutory bodies which have been included in the schedule to the said Act, 1980. Since the Act is not applicable in the case of the writ petitioner and since he had no other equally efficacious alternative remedy available in any other forum provide by any law, the writ petition is maintainable. Civil appeal is dismissed without any order as to costs. ...Anti Corruption Commission =VS= Ahsan Ali(Md), (Civil), 2021(1) [10 LM (AD) 113]

Administrative Appellate Tribunal Rules,1982
Rule 6 (7)
Limitation– A.A.T. Appeal No.72 of 2000 was dismissed for default on 08.05.2006 and thereafter about 1(one) year 10(ten) months after passing of the said dismissal order this appellant filed the miscellaneous case for setting aside the said dismissal order the explanation which this appellant offered before the Administrative Appellate Tribunal for condonation of delay was not at all satisfactory for condonation of the said long delay of 1(one) year 10(ten) months. So, we find that the Administrative Appellate Tribunal did not commit any wrong or illegality in rejecting the said miscellaneous case for setting aside the dismissal order of appeal holding that as barred by limitation. Considering the facts narrated above, we rather find that the Administrative Appellate Tribunal was quite justified in rejecting the miscellaneous case for setting aside the dismissal order of the appeal. ...Nur Mohammad =VS= Bangladesh, (Civil), 2021(1) [10 LM (AD) 375]

The Arbitration and Conciliation Act, 1996 (as amended)
Sections 12, 26
Appoint Sole Arbitrator– With the consent of the Counsel for the parties, we appoint Justice G. S. Singhvi, former Judge of this Court, as the Sole Arbitrator, who will adjudicate all the claims and counter claims afresh. If the Sole Arbitrator requires the assistance of qualified Engineer/s or Expert/s, he may appoint such person/s under Section 26 of the Arbitration and Conciliation Act, 1996. The Ld. Arbitrator is free to fix his fees after consultation with the parties, which will be borne equally by them. ...National Highways Authority of India =VS= M/S. Progressive Construction Ltd., (Civil), 2021(1) [10 LM (SC) 4]

The Arbitration Act, 2001
Section 43
Arbitration award– Order sheet of the arbitration proceeding and the judgment of the High Court Division. We do not find any element as provided in section 43 of the Arbitration Act, 2001 for setting aside the arbitral award in the pleadings and other materials produced by the respondent. We also did not find any allegation and proof of fraud or corruption or the arbitration award has been made in contravention of law or the arbitrator have failed to give reasons in the arbitration award. The High Court Division has committed error of law in setting aside the arbitral award of the majority arbitrators. We find substances in this appeal. ...Saudi Arabian Airlines Corporation =VS= M/S Saudi Bangladesh Services Co. Ltd., (Civil), 2021(1) [10 LM (AD) 212]

Link: http://lawmessengerbd.com/

Dear Visitor/Subscriber, We have tried our level best to avoid mistakes, typographical or otherwise but if there are any errors found in the whole work, please treat the same as bonafide/unintentional mistakes on the part of ‘The Law Messenger’. We shall be grateful if the mistakes brought to ou...