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Special Reference No. 1 of 1995, 24 CLC (AD)
.... have since followed in the exercise of advisory jurisdiction as "it is a jurisdiction the exercise of which on all occasions must be a matter of delicacy and caution." 23. Now we may look at the scope and ambit of the Article 106. This Article is couched in wide terms which provides that any qu...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....for declaration that the trust was void was pending, but the application for amendment of the plaint in respondent's Title Suit No. 78 of 1992 for adding a similar prayer was pending. 9 The scope of section 74 of the Trusts Act is limited only to cases where the trust is an un‑dispu......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....t necessary that a waiver of a breach of condition should be in writing, unless there is an express condition to that effect. A parol waiver by the insurers, or by their agents, acting within the scope of his authority, is sufficient. There may also be a waiver by conduct: if the insurers do a......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
.... the appellant could not be appointed as a Director on permanent basis and that his prayer cannot be considered because there was no such provision in the Rules of the Corporation though there was scope for absorption in the civilian post according to Martial Law Orders Nos. 103, 132 and 135. Af......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....of a civil Court decree passed in a suit wherein by prescription the Government is made a party. I have already considered the submissions and recorded my opinion. I do not think that there is any scope to contend that a decree of the kind referred to above is included in Proviso (a) even by imp......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......te for examination of witnesses has been fixed. 5. As to the merit of the case, it appears that one of the accused namely, Anwar Hossain, filed an application before the Sessions Judge for bail which was not opposed by the Public Prosecutor and that this is the only reason for bringing ..Category: Criminal Law | Date: | Hits: 67
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....mission of the appellant in his letters (Ext.1 series) that the appellant regarded him as the best of his friends and he expressed full confidence in him. In these circumstance’s, there is no scope for any doubt that these two persons had by fraud or by taking undue advantage got the agree......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......is from judgment and order dated 28 August, 1994 passed by a Division Bench of the High Court Division in Criminal Misc. Case No.1402 of 1994 enlarging the accused‑respondent on anticipatory bail to the satisfaction of the Deputy Commissioner, Sylhet and further directing him to surrender ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....blic road? This is one of tile many reasons why the impugned order was passed canceling the earlier order. This is a good reason for which private interest must yield to public interest. There was no scope for the High Court Division to interfere with the impugned orders because in case the Rule was......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......his official letter‑pad addressing the Public Prosecutor, asking him to listen to the bearer of the letter, namely, the co‑accused, Upazila Chairman, who was ready to make a confession and to get bail for him. Mr. Mahmud has also referred to a Civil suit (OS No. 54 of 1992) and a Writ petition (..Category: Criminal Law | Date: | Hits: 76
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....ring which is already concluded by decision even if that be erroneous. The Supreme Court of Pakistan in the case of Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335 was considering the scope and extent of the power of review under Article 161 of the Constitution of 1956 and Kaikaus J ......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....etitioners is that they are ‘surplus public servants” within the meaning of the Ordinance and that by publishing the aforesaid impugned Notification in the daily newspaper on 25.12-92 a scope has been created to employ people of their own choice by the Taxes Appellate Tribunal in dero......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
.... that there existed no relationship of landlord and tenant between him and the defendant. The learned Judge further observed that the learned SCC Judge had herself made out a third case beyond the scope of the pleading and, as such, her judgment was liable to be set aside. The Rule was according......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......et on 10.3.1991 under sections 467/468/420/471/109 of the Penal Code against the petitioner and two others whereupon the Magistrate took cognizance and issued process. The accused-petitioner is on bail and it may be presumed that he has already appeared in obedience to the process although no cl..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....or any relief in respect thereto and that the only prayer for striking down the impugned Rules on the alleged ground of discrimination having been refused, the High Court Division acted beyond the scope of the Rule and also beyond the jurisdiction under Article 102 of the Constitution in issuing......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....having agreed with the main contention of Dr. Rafiqur Rahman, we find that the civil suit is yet maintainable in view of the fact that the proviso to section 25(1) of the Act does not provide him any scope for lodging any complaint seeking any redress thereunder, as the order of termination of emplo......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....Customs or the High Court Division so to warrant an imposition of penalty that the impugned order has been passed in violation, section 180 of the Customs Act, that it is malafide being beyond the scope of sections 25, 30 and 80 the Customs Act and that the remedy of appeal, etc is not an equall......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....ellant acted in his official capacity and sanction is required under section 197 Cr. P. C. to prosecute him. On perusal of the records it appeared to the learned Sessions Judge that there was scope for taking cognizance under the relevant section if the learned Magistrate was satisfied tha......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....clude the whole of the property subject to the plaintiffs pre-emption, conveyed by one bargain of sale to one stranger, and that a suit by a plaintiff pre-emptor, which does not include within its scope the whole of such pre-emptional property, is un-maintainable as being inconsistent with the v......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......the grace period of 30 days was done away with and by substituting sub-section (4) of section 339C with a new sub-section (4) the proceedings cannot be stopped now and the accused can now only obtain bail to the satisfaction of the Court, with the expiry of 360 days, if the trial has not been conclu..Category: Criminal Law | Date: | Hits: 75
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