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State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....d. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulatio......tial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has been given to the Chief Martial Law Administrato......or other Orders or anything done or any action taken thereunder, the High Court Division acted within the jurisdiction in issuing the writ. 4. The case was originally initiated on a petition of complaint lodged on January 31, 1976 by one Rahima Akhtar Khatun before the Sub-Divisional Magistrate, ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....r sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceedings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongat......in Section 561A gives any indication that a Court has to be subordinate to the High Court Division so that it may exercise jurisdiction over that court under that section. It is true that after the amendment of the Special Powers Act by Act-LIX of 1974 by which the jurisdiction of the High Court D......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....sult: The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes ......"(2) The Chief Martial Law Administrator may transfer a case from one Martial Law Court to another Martial Law Court or from Criminal Court or Special tribunal to a Martial Law Court." By the same amendment an explanation was added under clause 2 which reads as follows: "Explanation—A case t......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
.... the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Ben......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....78. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......al statute providing a special procedure is to be followed. The cognizance of the Civil Court to that extent is excluded. The exclusion is clearly enacted in section 102 of the Ordinance. When the plaintiff challenges the Wafq character of the property after its enrolment, this comes within the c..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ve any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per......ent Judgment Aug. 22, 1978. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 561 A. The Specials Powers Act, 1974 (Act XIV of 1974) Interpretation of Statutes After the amendment of the Special Powers Act by Act (LIX of 1974) the jurisdiction of the High Court Division......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....tituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the tenancy by a notice......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......1) of the Code of Civil Procedure is involved in the present appeal. 2. Proper appreciation of the point that has been raised in this appeal a narration of facts in brief is necessary. The plaintiff instituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging t..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif......plaintiff in such a suit for a declaration of title to property, need not claim possession. In the case of an attachment under section 146 of the Code of Criminal Procedure as it stood before. Its amendment in 1955, a suit for a bare declaration of title without a prayer for delivery of possessi......ing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintiff, instituted the suit for declaration of his title simpliciter. Before institution of the ..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....nd the lower appellate Court, Additional District Judge, 4th Court, Chittagong; in Miscellaneous Appeal No. 88 of 1990 by Judgment and order dated 12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Si......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......dgment and order dated 28.3.90 and the lower appellate Court, Additional District Judge, 4th Court, Chittagong; in Miscellaneous Appeal No. 88 of 1990 by Judgment and order dated 12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 19..Category: Property Law | Date: | Hits: 66
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... Judgment August 11th, 1992. Lawyers Involved: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents. Civil Petitions for Leave to Appeal No. 212 of 1992. (From the Judgment and order dated 15.3.92 passed by t......nment and it was managed as one of the scheduled industries un the Public Corporation (Management Co‑ordination) Ordinance 1986 and that respondent No. 5 could only be brought to an end by an amendment of the Ordinance by deleting its name from the schedule, The Ordinance was promulgated to......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
.... to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or group of establishment in which it is formed: Provided that more than one establishment under the same employer, which are all....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....t Division in Civil Revision No. 381 of 1985). Judgment: MH Rahman J.- The appellants filed Title Suit No.355of 1969 in the Court of Munsif, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nand......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......ision occasioning failure of justice. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 where the court passed on ex parte decree allowing a claim based on construction works in spite of the plaintiffs' failure to produce the papers relating to schedule of work, the rate for work, the measu..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....ministrative Appeal Nos. 3 & 26 of 1992 respectively). Judgment: MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the respondent Government Servants i......did not indicate that it was passed by an order of the President. It is submitted that notwithstanding its finding be circular was not issued by an order of the President of the Republic or by any amendment of the Government Servants (Discipline and Appeal' Rules 1985, the Tribunal ought to have...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....;12‑1 passed by this Court in CPLA No. 292 of 1991). Judgment: ATM Afzal J: Petitioner seeks for review of the order dated 17 December, 1991 dismissing his petition for leave to appeal No. 292......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was pre......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....valid under the Nationalisation of Industrial Enterprises Order, 1972. 2. Facts of the case have been set out in detail in the Judgment of my learned brother Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals......hat the enterprise might be disinvested or transferred to the respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amendment of Article 10(l), Government also took a tentative decision to release the enterprise bu......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counti......". It means in addition to the provisions laid down in the law and rules, the power of review was to be exercised and consequential order was to be made. Rule 70 was, however, deleted by a subsequent amendment and consequently the Election Commission was left with powers only under section 24 of the......has been made under rule 29 for repoll at the initiative of the Presiding Officer, this rule cannot be ignored and when there is no report about any disturbance during the poll or when there is no complaint about the counting of votes on the spot, the Election Commission got no jurisdiction to inter..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....the High Court Division, Dhaka in First Appeal). Judgment: MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......her clothes on, she could not produce any paper before the Court. 5. The trial Court upheld the contentions of the appellant. After construing Ext. I as a licence and finding that the plaintiff himself constructed the house, it decreed the suit as prayed for. On appeal in FA No. 32 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....nd Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first party to the proceeding and the question is, whether the plaint is liable to be rejected on the ground of its being barred under section 56(c) of the Specif..Category: Property Law | Date: | Hits: 81
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