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Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....…….(24) The amendment of the Special Powers, Act by Ordinance No. XL of 1977 did not have the effect of excluding the cases from the jurisdiction of the Special Tribunal, particularly, in so far as it did not have any retrospective operation on the pending cases………………….(3......ection 438(1) provides that the Sessions Judge or District Magistrate may report to the High Court for orders. Section 439 specifies the powers of the High Court in cases in which records have been called for under section 435 or reported to it under section 438 or which otherwise comes to its k......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)
....endant earlier. 4. On Second Miscellaneous Appeal taken to the High Court Division by the plaintiff, the learned Single Judge affirmed the order of the court of appeal below and while doing so observed that the trial Court ought to have entertained the application under section 151 of the......ets second chance to re‑open the order which is against the basic concept of jurisprudence on the finality of an order. The second is that the court of co‑ordinate jurisdiction will be called upon to revise its own earlier order once it has taken a view on that order. We, however, no......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 ..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
.... rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over th......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. ......ad illegally annexed Schedule 1 (Ka) land. Thirdly, the appellant has amassed huge construction materials in his own plot and there is no reason to injunct him in these circumstances, and lastly, the loss that the plaintiff may sustain in case the injunction is refused will not be greater than the l..Category: Property Law | Date: | Hits: 66
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....hy;ship between Respondent No. 5 and its employees was that of master and servant. After the Rule issued in that matter was discharged the Government decided to liquidate the Company through Court so that the officers and employees of the Company could be dealt with according to the Companies Act......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 ......s Co Ltd (respondent No. 5) and terminate the services of the petitioner and other employees of respondent No. 5 on payment of six months' salaries from 31st December 1988. In view of the recurring loss respondent No. 5 Government decided for a voluntary winding up of the Company in 1988. That de..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... Respondent. Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 (Dhaka)/2/82 (Jrssore) & Jail Appeal No. 38 of 1988 & Criminal Appeal No. 37 of 1988 respectively). J......6.85 at about 6‑45 AM. Deceased Ekhlasuddin had some business at Jessore with his Advocate Nurul Islam and had to cross the river Nabaganga 11/2 miles away from his house by boat at a place called Baraipara Kheyaghat. Ekhlasuddin asked his nephew P.W. 5 BM Imdadul Huq @ Tulu to go to Bar......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....an. The petitioner unsuccessfully filed Writ Petition No. 763 of 1990 challenging the decision of the BSB to sell its assets and the leave to appeal from the Judgment of the High Court Division was also dismissed by this Division on 21.5.1990. 2. Then the petitioner filed the present Writ Petitio......ossession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for tender was yet to expire on 23.4.90. He drew our attentio......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....rom 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code and un......charge as framed by his predecessor was defective as the aforesaid amount collected by 411 receipts gave rise to 411 separate transactions proceeded to convict the respondent in respect of, what he called, one item of offence only i.e. dakhila Ext. 12 by which the respondent had realized Tk. 214.......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....…Appellants Vs. Registrar of Trade Unions and ors........................... Respondents [In CA No.15 of 1993] Bangladesh Biman Flying Service Association of Cabin Crew ..................Appellant Vs. Bangladesh Biman Sramik Union....... The order dated 2.5.90 was the result of a correspondence between the Biman and the Registrar, interspersed unfortunately with some unseemly interference by the administrative ministry which is uncalled for in the scheme of the Ordinance, 1969. But the Registrar's Order dated 2.5.90 is plainly...... be affected by the withdrawal of the recognition was considered. The present cases are not cases of withdrawal of recognition after framing charges, as in section 10 of the Ordinance, 1969, but a loss of registration owing to change in the organisational set‑up of trade unions. The basic ..Category: Labour and Industrial Law | Date: | Hits: 103
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods while acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka on 5.12.91 in Criminal Appeal No. 445 of 1989. 2. The appellant was the Master and person in‑charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was trie......have been produced before it. It is for the court to consider all the relevant facts and hear all the necessary parties before making an order for disposal of the goods under section 517 Cr.P.C. if called upon. In view of the facts stated above it is neither possible nor desirable for this court ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....partmental proceeding under Regulation 27(l) (e) of the Corporation's Service Regulations 1985 the Law‑Officer was found guilty. After serving a second show cause notice he was retired compulsorily by the Corporation's Order dated July 18, 1988. 3. After failing to get that order re......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in favour of the borrower without evaluating the actual works and thereby he caused loss to the Corporation and that his conduct was violative of office discipline. In a departmental ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....quired under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence upon the......cterised as a judicial act and therefore one performing in his capacity as a Court.” It was further held that the, proceedings for bait, etc. before the Magistrate during police investigation called for the performance of judicial function by the Magistrate and as such he acts as a court. ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....f detention dated August 18, 1991 under 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 min......d insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or maintaining of a private army immediately before his arrest that called for the order of detention. In support of this contention, reliance is placed on the State o......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)
.... 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 but did not proceed further. Thereupon the r......ned property nor owned by a statutory corporation, the vesting of its shares or other proprietory interests takes place for the first time under PO No. 27 of 1972. This is what may be called the Government's general power of placement of any kind of industrial enterprise under a Cor......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
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....Judgment: Mustafa Kamal J.- This is respondent -Bank's appeal by leave from the judgment and order of the High Court Division dated 14.2.91 in Writ Petition No. 431 of 1989 making the Rule absolute. The petitioner in the writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a cas......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......nd charge stated that the said respondent made a practice not to sit in the cash counter being a cashier and used to abstain from his duties quite often causing great inconvenience to customers and loss to the Bank. There was complaint against him to the Bank Management following which he misbeha..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ers of Parliament. Article 119(2) gives the Election Commission power "to perform such other function as may be prescribed by this Constitution or by any other law". Article 119(2) thus indicates the source of authority, power and jurisdiction of the Election Commission in respect of elections other......g to election for Union Parishads. 2. Elections of Union Parishads are held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Arti......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....AJUK considered the offer as inadequate and decided to construct a building of its own on the two plots. Subsequently when the RAJUK took steps to re‑auction the two plots three suits were filed by some of the previous bidders challenging the re‑auction and obtained an order of injunction. While......d on different applications, refusing to quash the proceeding under section 561A of the Code of Criminal Procedure. 17. In all the petitions the common contention is that the petitioners cannot be called upon to answer a charge of abetment in the absence of a specific provision for punishment for......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
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....t the school building is situated on the northern side of plot No. 10716; and that since the establishment of the school in 1929, a cattle market is sitting on every Wednesday over the land in the southern portion of RS Plot No. 10716. By an order on 31st May, 1969, the Government held out that ......as upheld. The respondent does not contest the legal provision of non‑ retainibility of hats, but contends that in the instant case, the cattle market sits only on Wednesday and it can not be called as a hat at all. Our attention has been drawn to the definition of hat given in Wilson's Glo......s, but contends that in the instant case, the cattle market sits only on Wednesday and it can not be called as a hat at all. Our attention has been drawn to the definition of hat given in Wilson's Glossary: "A movable market, a market, one held only on certain days in a week, a fair." ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....ry law is advantageous to the accused‑respondent and punishment thereunder is much less than that under the special law. He has referred to Article 27 of the Constitution which guarantees to all persons the right of equality before law and equal protection of the law. This Article, he contends, no......ollowing leave is from an order of acquittal passed by the High Court Division, Dhaka in appeal acquitting the respondent of the charge under section 25B(1) of the Special Powers Act, 1974, hereafter called the Act. 6. The respondent, a purser in the Flight Service of the Biman Bangladesh Airline......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....State Acquisition Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owner...... pre-emptor amended his application for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Acquisition and Tenancy Act (hereinafter called State Acquisition Act) in view of the fact that Part V including section 96 thereof was brou......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....evision Cases filed under sections 435, 439 read with sections 497, 498 and 551A of the Code of Criminal Procedure (hereinafter referred to as "the Code"). The appellant viz. the State also filed two petitions for Special Leave to Appeal containing grounds other than those covered by t......vered by the Certificate. In appeal No. 11 one A.T. Mridha is the sole respondent, while in appeal No. 12 there are six respondents. 2. The respondent A.T. Mridha is the proprietor of a firm called Mridha and Co., which is engaged in jute trade. He has a number of godowns for the purpose o......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
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