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Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......present writ petition. The Government by filing a written statement supported the case of the plaintiff. It is also the case of respondent No. 5 that while the disputed property had been under the full control of the Government as abandoned property under PO No.16 of 1972 they got allotment of t......mily members and he never came back to Bangladesh. After the war of liberation the whereabouts of the said Afaq Ahmed Khan were not known to the Government and he ceased to occupy, supervise and manage the property in question and therefore the Government took over possession of the property as ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......appear in these cases to submit whether the facts of these cases are distinguishable from those two reported decisions and whether the ratio decidendi of these two reported cases will apply in the full force in the present appeals, especially when all the imports connected with these appeals wer......budget passed on 15-6-89. 5. The appellant’s consignment of cigarette paper arrived at Chittagong from Shanghai, China on 15-11-89 and the import manifest was duly submitted by the agent of the vessel to the port/customs authority on 2-12-89. 6. Respondent No. I by notif..Category: Business or Commercial Law | Date: | Hits: 99
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
.... were put on trial and convicted and punished as aforesaid. 4. Prosecution examined 18 witnesses in support of its case 5. The defence case was that the informant Gouri Rani Das, a woman of easy virtue, borrowed an amount of Taka 1,000.00 from accused Abdur Rahman and on the date......l Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special Tribunal under se......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..Category: Criminal Law | Date: | Hits: 76
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......hellip;…………… Respondent Judgment August 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......ntion. If it is not relatable, it is described as irrelevant. 21. The grounds which have formed the basis of the detention ordering the present case may now be set out in full: 1978 shaler Bishesh Khomota Ainer(1974 shaler 14 no.Ain)er 8 no.dhara mo......udge then observed that only ground No. 1 was the basis for the detaining authority to be satisfied on the necessity of detention of the detenu. We shall come to this ground later on but at this stage, the view of the other learned Judge, Anwarul Hoque Chowdhury, J on ground No. 2 may be noticed..Category: Constitutional Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having......te of duty, 13. In the light of the above sections above it will be necessary to consider the factual aspects of the case of Abdul Hannan. In the case of Abdul Hannan, there was acute shortage of sugar as a result of which a notification was issued declaring some exemptions under section..Category: Fiscal/Taxation Law | Date: | Hits: 94
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ...... 6. Now coming to the facts of the present case. Mr. SS Halder, learned Advocate appearing for the writ petitioner, submits that the case was withdrawn on 31-1-2000, but before that there was full fledged enquiry by the Director General, Non NGO Affairs Bureau, Government of Bangladesh and ......se for not on that date the Division Bench presided by Mr. KM Hasan’s passed the following order: “If the Rule is discharged on the prayer of the writ petitioner at this stage it will help the petitioner to avoid the Court’s order to assist Rahman, Rahman and Hu..Category: Others | Date: | Hits: 88
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......th effect from 3-1-1994, which the writ petitioners also challenged as being discriminatory and violative of their fundamental rights. 7. As the Division Bench of the High Court Division accepted fully all the submissions made by the several learned Advocates for the writ petitioners it will be ......d of 25 years from independence is definitely a reasonable period to implement the cherished will and desires of the people. The Supreme Court alone shall have overall control, supervision and management over the subordinate courts and over magistrates exercising judicial functions and the e..Category: Constitutional Law | Date: | Hits: 829
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ustody. 4. The Investigation Officer as well parties made prayer before the learned Magistrate, Narayangonj for obtaining report from the Civil Surgeon, Narayangonj to ascertain the actual age of the victim and as to whether she was raped or not and that in compliance with the order of t..Category: Criminal Law | Date: | Hits: 48
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......submitted he was allowed to resume his duties on 7-7-1985. This respondent worked for the months of October and November, 1985 but was given pay of 1/2 of the month of October. He then demanded his full pay for the aforesaid two months and on being furious the petitioner obstructed the responden......;……...Respondents Judgment August 19, 1999. The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 34 The respondent no. 1 is a production manager only in name or whether he is actually working in a managerial capacity is to be determined by..Category: Labour and Industrial Law | Date: | Hits: 138
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... appellate Court reversed the judgment of the trial Court and allowed the pre-emption cases on the ground that the pre emptor was a co-sharer in the land as the partition decree was not executed in full and that the tenancy of the pre-emptor and the vendors were still ejmali and that there was n...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..Category: Property Law | Date: | Hits: 57
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......t of the Mills and suitable replacement will have to be made by the contractor as early as possible in order to avoid dislocation of works.
21. That in case of non-execution of any work partly or fully by the contractor, the company shall have the right to get the works done by any other means a......red with the Registrar of Trade Unions, Chittagong Division under the Industrial Relations Ordinance, 1969, hereinafter referred to as the Ordinance. The Employees Union was the collective bargaining agent of KPM on five terms, but on the last two terms the Workers Union was the collective bargainin..
Category: Labour and Industrial Law | Date: | Hits: 163
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......rable exercise of power, he alleged. 4. The appellant-Government filed an affidavit-in-opposition denying the allegations of the respondent and asserting generally that the impugned orders were lawfully passed under the Ordinance. 5. It appears that in the High Court Division, the respondent s......ived memo dated 24-7-93 whereby the Ministry purported to warn the respondent against involving itself in the alleged activities of sending workers illegally to Malaysia along with another recruiting agent; then suddenly by office order dated 15-9-93 the Ministry purported to suspend the licence of ..Category: Constitutional Law | Date: | Hits: 192
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
....l from the same. 2. Mr. Md. Badruddoza, learned Advocate for the accused petitioner, appearing with the leave of the Court, submits that the learned Magistrate having found that raping of a woman consecutively by four persons would be something improbable and doubtful and having: acquitte...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......d of probability, the fact remains that as far as the present petitioners are concerned the offence has been found to be proved against them. Overall we do not think that there has been any miscarriage of justice even though the grievance made by the learned Advocate is that all his submissions ..Category: Criminal Law | Date: | Hits: 53
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......learned Single Judge of the High Court Division acted legally in recalling his earlier order of rejection of the revisional application as not being pressed without assigning any reason and granted full relief to respondent No. 1 without issuing any Rules upon the appellant affording any opportun...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......n the parties. The terms and conditions of the compromise were to the effect that the defendants would pay to the first plaintiff. Ministry of Defence a sum of US. $ 2.4 million (US $ 24,00,000) in full and final settlement of the plaintiffs’ claim, that the payment would be made by transfe......the port dues and other charges of the Chittagong Port Authority, while passing the compromise decree. 2. The matter has arisen in this way. The vessel MV Fong Yun arrived at the outer anchorage of the Chittagong Port on 30 July 1990. On 3 August 1991 while entering into Chittagong Port..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......ted 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent was not pressed, yet, as prayed for by the respondent, an Advocate Commissioner was appointed, thus granting full relief to the respondent without issuing any Rule and without hearing the petitioner. 2......espondent, an Advocate Commissioner was appointed, thus granting full relief to the respondent without issuing any Rule and without hearing the petitioner. 2. The respondent-Bank filed Mortgage Suit No. 37 of 1994 against the petitioner and other in the Court of Subordinate Judge and Arth..Category: Procedural Law | Date: | Hits: 98
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......is absorption as Inspector of Taxes ought to be counted for the purpose of determining his seniority and thus’ allowed his application in part, the Administrative Appellate Tribunal agreed in full with the submissions of the respondents and he-Id that the two posts of Upper Division Assist......ublic or of any public body or nationalised enterprise, and no such person shall be entitled to any compensation for such variation or revocation of any condition of his service to his disadvantage.” 11. Following receipt of recommendation the Administrative and Service Reorg..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....der duress, coercion, pressure, torture and inducement. The alleged confessional statement is liable to be retracted, cancelled and withdrawn. 5. On 28-11-96 the respondent who is an aged and sick woman and subjected to aforesaid barbaric treatment, prayed for bail in the Court of C.M.M Dhaka whi......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......e statement under duress, coercion, pressure, torture and inducement. The alleged confessional statement is liable to be retracted, cancelled and withdrawn. 5. On 28-11-96 the respondent who is an aged and sick woman and subjected to aforesaid barbaric treatment, prayed for bail in the Court of C..Category: Criminal Law | Date: | Hits: 115
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......aid property and got it subsequently registered as kabala No. 1382 of 1978. In the recital of the document it was shown that the defendant made payments of Taka 2500.00 as baina and Taka 17,500.00 in full satisfaction of the consideration. In fact, he made no payment of the consideration. Therefore ......each paying Taka 2500.00. The plaintiffs thereupon executed an agreement for sale. Later on they paid Taka 35,000.00 and the plaintiffs executed two kabalas in their favour and went away to their village home at Habiganj. The father of the, purchaser Ashrafuz Sultan, Kashem Ali was a Peshkar of the ..Category: Tenancy Law | Date: | Hits: 88
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