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Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....it was omitted in the order sheet or in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul ......therefore, granted to see whether the entire trial was vitiated in the absence of sanction as prior sanction is a mandatory provision of law in a case like this. The original record of the case was called for and on perusal thereof it is found that the order of sanction along with letter from th......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....e Jamini Kanta Sen who bequeathed the same to Sabitri Bala Dey. Upon Jamini Kanta's death Sabitri obtained a probate and entered into possession. On the death of Sabitri Bala, defendant Nos. 1-4, sons of Sabitri's brother, came to possess the suit land. Plaintiffs in good faith believing that ......tly, contended that when a court guardian was in fact appointed to represent the minors in the appeal and the said court guardian represented the minors, the order of remand as made was totally uncalled for. The learned Counsel further submitted that the said minors having filed a sworn petition......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under wha......he loan on the application of the appellant dated 20.1.87 the disputed question of the appellant's being a defaulter within the meaning of the Ordinance takes a new dimension which we do not feel called upon to discuss. For the present, we are clearly of the view that the writ petition was not...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....a fide arbitrary, having nothing to do with any, administrative necessity or convenience and this order is in fact one of reduction in rank, status and salary and other amenities too without any reason or jurisdiction whatsoever and that the respondent has not been given any opportunity of being h......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......d condition of the letter was to the following effect: “Any person, who is unwilling to be considered for promotion should inform the Public Service Commission of such unwillingness without any loss of time.” The respondent without loss of time, appeared before the Public Service Commissi..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....show that the appellant were about to remove the lighterage front the jurisdiction of the Court at Chittagong with an object to obstruct or delay the execution of the decree that might be passed, and so there could be no order of attachment before judgment under the provisions of Order 38, rule 5 of......bject is to obstruct or delay the execution of any decree that might be passed against him. The party imputing the motive on the defendant must be ready with the evidence to satisfy the Court, if called upon to do so. Vague or general allegations without any material are insufficient to invoke...... they had removed their ship from the Chittagong Port i.e. from the jurisdiction of the Court of Chittagong and failed to furnish guarantee promised by them. The Respondent would suffer irreparable loss, if the lighterage vessel was not attached before judgment. The learned Subordinate Judge mad..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....d the High Court in writ jurisdiction against the said order of the Labour Court, the High Court has summarily rejected the Petitioner’s application on the view that the Labour Court had taken a reasonable view of the matter with regard to the provisions of section 5(3) of the Employment of Labour......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......g come to the finding in the said Complaint Case that Respondent No.2 had sufficiently explained her inability to return earlier and that the employer did not fairly deal with her case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....f 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘hat’ in the afternoon of January 11, 1973. He......hen she arrived there, whether the accused persons were coming up from the Bhangon of the river does not go to disprove what she positively saw on her arrival at the place of occurrence after Riton called them from home. 20. It thus appears that what has been stated by P.Ws.2, 3, and 4 regardi......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....gine trouble returned back to Mongla instead of going direct to Roosevelt Jetty knowing fully well that there was no repair facility at Mongla. This time they made frantic attempt to dispose of the so-called retention cargo and for this purpose they contacted shore people. The local smugglers also......e trouble returned back to Mongla instead of going direct to Roosevelt Jetty knowing fully well that there was no repair facility at Mongla. This time they made frantic attempt to dispose of the so-called retention cargo and for this purpose they contacted shore people. The local smugglers also be......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....e of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was in the charge of the General Section, Government Accommodation and Management of the Government Estates and also functioned, as Drawing and Disbursing Officer till 1972, when he was transferred to the Secti......er 67 of 1972 along with Rules framed thereunder closely, we will find that the Board can act on getting information from any Government agency. It will then hear the complaining agency and witnesses called by it and may make any enquiry itself. Upon the information so gathered the Board is to deter......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
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Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....vernment of East Pakistan, 1965 PLD Dacca 514; N. Ranjan Singh Vs. State of Bengal AIR, 1952 (SC) 106; Sharfuddin Ahmed Vs. Secretary, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156; Emperor Vs. Vimlabai Deshpande, AI...... we will like to observe, that we have already held that there must, be material before the authority to detain a person. On the sufficiency of material we have given our opinion and no repetition is called for. 27. On the opinion of the Advisory Board, the High Court has propounded a correct pr...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....her accused were put on trial to answer a charge of an offence under section 326-34 of the Penal Code, and were convicted by a First Class Magistrate, Pabna, and sentenced to two years' rigorous imprisonment each and to pay a fine of Rs. 1000 in default to suffer rigorous imprisonment for six months......adbanagar. Both Courts below found the four accused guilty under section 326/34 of the Pakistan Penal Code. The High Court also concurred with the findings of the Courts below. 5. The prosecution called several witnesses of which the evidence that concerns as is that of P.W.7 Shamsuddin, P.W.8 A...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....stores, mill machineries, hardware, etc. Taherally Adamjee had 12 annas share and the other partner had 4 annas share. Taherally Adamjee died on July 1, 1957, leaving his wife Safiya Bai, three minor sons Roshan Ali, Mustaq Hussain and Iqbal Husaain and two minor daughters Khairunnessa and Sarina. W......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......he heirs of deceased Taheraliy Adamjee according to the shares fixed by the Muslim Law of Inheritance. The minors were admitted to the benefits of the partnership but they are not responsible for the loss. The firm was assessed in the status of a registered firm for the charge years 1964-65, 1965-..Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....s not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested person......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... entitled to his salary for 30 months 15 days at the rate of Tk.20, 000/- per month. With regard to the plaintiff’s claim of compensation for causing his humiliation and putting him to suffer loss and injury, the High Court Division held that the plaintiff could not adduce reliable and cog..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... 93 of 1992. 2. The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is illegal and void and also praying for his reinstatement in the service, stating inter alia that the petitioner joined his ......review cases by general notification but with regard to the direction given in the above Writ Petition No.396 of 1989 on 30.10.91 no forum for review was formed and no petition for review was also called from the petitioner or from the office of the Chief Martial Law Administrator and/or Preside......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....93) Judgment Md. Ruhul Amin J.- This is plaintiffs appeal, by leave, against the judgment dated December 13, 1995 of the High Court Division in Civil Revision No.2130 of 1993 making the Rule absolute which was obtained against the judgment and decree dated May 30, 1993 of the Court of Distric......e said papers were proved were not competent witness to prove the genuineness of the said papers and that the person who wrote the Dakhila and Amalnama were not examined and the tenants' list was not called for from the Zamindar's Sheresta, that the paper submitted by the defendant who was the plain...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ernment Primary School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chief Guest and that after concluding the meeting while he along with aforesaid Mr Kibria was coming out some unknown miscreants with a view to commit murder threw a powerful grenade which being exploded ......ion was drawn, in particular, to the statement made in paragraph 10 of the leave petition which we have already quoted above. To examine the allegation of the learned Counsel for the petitioner we called for the records of GR Case No. 26 of 2005 from the learned Magistrate concerned. 32. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR (AD) 30; Bangladesh vs Md Azizur Rahman 46 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowd......y the members of Parliament is not incompatible with the preamble of the Constitution nor has it changed the basic structure of the Constitution. Moreover, a system of indirect election cannot be called undemocratic as the same is provided in the Constitution itself from the very date of its com......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stability of our democratic institutions. 3. Now as per our judgments, the Election......y him the preamble of our Constitution ensures political justice which cannot be denied to its citizens and if the names of persons appearing at the existing Electoral Roll are deleted from the so-called fresh Electoral Roll, then purpose of political justice shall become meaningless. In conclus......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....nbsp; Md Fazlul Karim J. - The delay of 189 days in filing the application for leave to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks ......to be belonging to the company is wrong and malafide and this will be evident from the report emanating as late as 5-10-1977 from the Directorate of Commercial Audit of the respondent No.1. The so-called profile; prepared by the Disinvestment Working Group is erroneous and malafide as has been a...... disinvested company from further dissipation through theft, misappropriation, etc the defendant No. 5 ultimately wrote on September 9,1976 to the Government in consideration of the injury and loss resulting from stoppage of production caused due to delay in taking over the concerns, he woul..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....hman, J: This Preamble is not only a part of the Constitution; it now stands as an entrenched provision that cannot be amended by the Parliament alone. one of the fundamental aims of our society is to secure the rule of Saw for all citizens and in furtherance of that aim Part ......urt Division is missing and the constitutional balance had been dislodged. He pointed out that the Attorney-General could not justify by citing any authority for transfer of pending cases to the so-called Permanent Benches, when the amendment itself is completely silent about it. 44. Dr. Kamal ......ract from the meeting of Bangladesh Bar Council held on 22. 11.86 read as:- "The Council, therefore, unanimously resolved that the Government be advised to revise their decision without loss of lime and undo the so-called decentralisation of judiciary in the greater interest of the p..Category: Constitutional Law | Date: | Hits: 1934
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