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Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....-5, at the address of the IG Police and that of the Commissioner, Dhaka Metropolitan Police, Service on the Principal of Police Training Academies at Sarda and Mirpur shall, however, be executed by post. The office is directed to transmit a copy of this Rule to the learned Attorney-General, so th......, Dhaka, were by the Rule, directed to answer the following questions by the 12th day of July, 2003, without fail- (i) Does the derogatory expression of Sergeant Shoaib, echo what the members of the Police Forces are given to understand during their training? (ii) Ar......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal 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. ......er the care-free manner in which the learned counsel made the submissions. The Judges of the Appellate Division expect more circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to him for the future………......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. ......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. ..Category: Election Law | Date: | Hits: 108
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ...... in interpreting the statutes, the Court should not be swayed by motions entertained by it as to what is just and convenient but to expound the law as it stands. 39. In this respect it should be remembered the statutory principle that caution has always been used while interpreting an Act not to ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......t of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishad is to help collection of Government dues, rents and taxes. Besides, members of the Union Parishad are directly involved in financial transaction in the course of thei..........................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of rescheduling....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of rescheduling of lo..Category: Election Law | Date: | Hits: 106
AHS Rahman Vs. State, 2006, 35 CLC (AD)
.... the facts and circumstances of a case fall within the category laid down by the Appellate Division which are: (a) Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused. (b) Where insti......, no tender was called for appointing the consultant. That on inspection of the said Ministry's file No. PT. Shaka-5/4-6/98 (Part-2) held on 30-3-1999 it is revealed that committee opined that as the members of the Committee are all engaged in important Government assignment the necessity of a consu......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ns of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was no requirement of Engineering Degree for promotion to the post of Superintendent Engineer but the new requirement of such Degree has been created under Servi......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....Appellate Tribunal upon hearing the parties dismissed the appeal upon modification to the extent that the penalty of dismissal of the respondent from service was reduced and he was reverted to the post of Assistant Thana/Upazilla Family Planning Officer. Being aggrieved the appellant preferred t......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......e was served upon the said Captain and the Chief Officer of MV Alba by the Collector of Customs to show cause as to why penalty would not be imposed on them for smuggling. The Captain and the crew members replied to the show cause notice denying all the allegations stating that as per instructio...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....made by the learned Advocate that there is contradiction in the evidence of the witnesses therefore, falls through. 13. The learned Advocate has also tried to point out contrast between report of post-mortem examination and evidence of the witnesses including PW 9 Dr. Md. Mortuza Alam. But on pe...... the petitioners has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…………..(21) The two petitioners as members of the Police Establishment were on official duty but in disregard of their duty they commit......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....his aspect of the case and as a result these has been miscarriage of justice and the next submission that, Article 135(1) of the Constitution provides that "No person who holds any civil post in the service of the Republic shall be dismissed or removed or reduced in rank by an authorit......nbsp;7-1-95 ing tarikhe amar dayittobhar prodaner jonno aabedan janai;19-1-1995 tarikhe jothajotho Kartipokher maddhome preroner jonno Appeal dakhila kari” Therefore, the majority members of the appellate Tribunal committed wrong in observing that the appellant did not at all pr...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ishads. 39. Learned Attorney-General, refuting this contention, has referred to about a dozen Executive Instructions of the Government issued to the Upazila Nirbahi Officers and other officers posted in the Upazila head‑quarters to show that the Upazila Parishads as "body corporate" have be......ila Parishad". Among other things, the, Ordinance (No. 59 of 1982) provided for constitution of a local body, Upazila Parishad, for each Upazila to consist of an elected Chairman, some representative members namely, Chairmen of Union Parishads, some nominated members, such as woman and some official......61) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; Laxmi Kant Vs. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. Sta......ppellants before us were petitioners of two of those writ petitions, Nos. 2937 and 3002. In those petitions they had challenged the constitutional validity of the Bangladesh Local Government (Upazila Parishad and Upazila Administration Re‑organization) (Repeal) Ordinance, 1991‑Ordinance No. 37 o..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....;: (1742) 2 Atk. 469 (6). That description of contempt is to be taken subject to one and an important qualification. Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act, as contrary to law or the public good, no Court c......pect for the Court." "But whether the authority and position of an individual Judge or the due administration of justice is concerned, no wrong is committed by any member of the public who exercising the ordinary right of criticising in good faith in private or ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......College Centre. On certain allegations of adoption of unfair means in the examination the appellants withheld the result of 425 examinees including the respondents. The appellants appointed a seven member Committee to enquire into the allegations. They also asked the Principal of the College and o......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......ous, then such discretion should not be interfered with by this Court, and in support of this contention the learned Counsel has referred to a decision of the Indian Supreme Court in the case of Zila Parishad, Moradabad Vs. M/s Kundan Sugar Mills, Amroha, AIR 1968 SC 98. It is true that if the High ..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....om Fighters) Welfare Foundation Order, 1972 (President's Order No. 94 of 1972). 2. On 25th June, 1977 the respondent was appointed as a typist by the Chairman of the Trust. He was promoted to the post of Assistant Accountant on 2nd February, 1984. His service was terminated by an order dated 26t...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ....... That is why the trucks were seized by the Anti‑Corruption. Hearing this news the Mill authorities constituted a Committee with the appellant, Manager (Jute), and two other officers. 'These members Jessore and got the trucks released from the Anti‑Corruption and the jute carried in ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ght by the accused at the playground of Salimabad Primary School. Shahid brought out a dagger from his pocket and stabbed Abul Hossain in front of his left ear. The victim died instantaneously. The members of the public apprehended Shahid, Mansur Ali and the appellant and they were handed over to......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......fiqul Alam vs. Mostafa Kamal, 42 DLR (AD) 137 this Court found complete ouster of Civil Court's jurisdiction on election disputes. It was held by this Court that section 26 of the Local Government (Union Parishad) Ordinance, 1983, ousted, by necessary implication, the civil Court's jurisdiction t......Alam vs. Mostafa Kamal, 42 DLR (AD) 137 this Court found complete ouster of Civil Court's jurisdiction on election disputes. It was held by this Court that section 26 of the Local Government (Union Parishad) Ordinance, 1983, ousted, by necessary implication, the civil Court's jurisdiction to ente..Category: Administrative Law | Date: | Hits: 130
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....y submitting documents against the Letter of Credit received the money from the corresponding Bank, Sonali Bank, in London. On the defendant’s acceptance of the plaintiff’s condition of post‑shipment inspection of the goods after its arrival at the destination and to bear any li...... may be rejected under the inherent jurisdiction of the court where the suit is impliedly barred. In that case the suit for declaration that the terms and conditions imposed upon the service of the members of the plaintiff Union by defendant No. 1 was held as not maintainable under section 42 of ......court cannot be considered under Order VII, rule 11. 9. This is not a case where the suit is expressly barred by law. Reliance is placed on Burmah Eastern Ltd. Vs. Burmah Eastern Employee's Union PLD 1967 Dacca 190 for the proposition of law that a plaint may be rejected under the inhere......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....s done by several persons (two or more) in furtherance of the common intention of them all each of such persons is liable for that act in the same manner as if it was done by him alone. Section 149 postulates an unlawful assembly and commission of an offence by any of the members of the unlawful ......d the defence claim that the land was in possession of the petitioners but found that the land was in possession of the informant's wife, PW 2. The trial Court also found that the petitioners were members of an unlawful assembly and that they committed "rioting", and further, that four...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
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