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A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....3) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No......ted the Collaborators Order, namely Mr Justice Abu Sayeed Chowdhury; and to that end we were referred to the Proclamation of Independence made at Mujib Nagar on the l0th day of April. 1971 (herein called the Proclamation) as well as the Provisional Constitution of Bangladesh Order, 1972; pr......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
.... which amounted to taking a step in the proceedings within the meaning of the section and as such the second defendant having submitted to the jurisdiction of the court there was sufficient reason for refusing the first defendant's prayer for stay of the said proceedings. Accordingly, t......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......e first defendant, a shipping company which filed the application under section 34 of the Arbitration Act. 3. The suit is for realisation of Rs. 90,204/- as compensation for an alleged loss sustained by the plaintiff owing to damage caused to part of a consignment of wheat carried by..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....ed the Collaborators Order on the allegation that they collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the sole respondent in one of these two appeals filed three nomination papers, each having been p......ts were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Bangladesh Collaborators Order, 1972 (President's Order No. 8 of 1972), hereinafter called the Collaborators Order on the allegation that they collaborated with...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyer......s in the general election held in 1991 the respondent was wooed by the present Prime Minister who sought his party's support in Parliament. Both the Presidential hopefuls in the election held in 1991 called on him and solicited his and his party's support. It was only when the respondent accepted th...... in the writ petition, saying with respect to the learned Judges of the High Court Division, had not been put in the right focus; had it been so done, much of their judgments dealing with acquisition/loss of citizenship by the respondent and theories relating thereto would not have been necessary. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....te, Ist Class, Thana Gournadi, District Barisal in CR Case No. 9 of 1990 convicting the accused-appellant under section 4 of the Dowry Prohibition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begu......it may not be out of place here to quote the first four sections of this Indian Act for the purpose of deciding the issue at hand: 1. Short title, extent and commencement.- (1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State o...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....But reply to is contention given by Mr. Giasuddin Bhuiyan, the learned Advocate for the respondents, is that on application under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction......lication under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction, whether it is called an amendment or correction, cannot be the date of the decree for the purpose of challenging ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....). Judgment Mustafa Kamal J.- This appeal by leave by respondent No.4 in Writ Petition No.3901 of 1992 is from the judgment and order of the High Court Division dated 26.4.93 making the Rule absolute. 2. Respondent No. 1, Kazi Abdur Rouf as Headmaster and Secretary of the Staff Welfare Hig......chool in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated the writ petitioner's case was that the Managing Committee wou......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....bsp; Mustafa Kamal J.- This appeal by leave is from the judgment and order of the High Court Division dated 22.6.93 in Writ Petition No. 1389 of 1982, making the Rule Nisi absolute. Md. Abdul Mannan @ Manu, respondent No. 4 in the writ petition, is the appellant before us.......iod and a fresh election should be held for those offices. 3. It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ordinance provides that every Chairman and member shall, before he enters upon his offic...... of losing their office does not depend upon the failure of the Deputy Commissioner to arrange the date of oath within thirty days from the date of publication of results. They are vulnerable to a loss of their office if in spite of fixing the date within thirty days from the date of publication..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....n-ur-Rashid Talukdar, the teacher representative in the enquiry committee, was absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to defend himself. No second show cause notice was served befor......ion, Dhaka) Terms and Conditions of Service Regulations, 1979 provides the following procedure. "(1) When a teacher is to be proceeded against for offences specified in regulation 11 he shall be called upon by a notice to submit a written explanation within seven days as to why the penalty ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....dgment and order dated 4.3.84 on the ground, among other, that the case was of a Civil nature. Upon review 6 the said judgment the CMLA, however, by his order dated 20.1.85 found the appellant and some other guilty of the offences under sections 143 and 448 of the Penal Code and sentenced each o......on Nos. 11 and 12 of MLR No. 1/82 and sentencing him to RI for 14 (fourteen) years and a fine of Tk. 50, 00,000.00 to be realised by confiscation of the petitioner's properties, etc. The petitioner called in question the aforesaid order to the CMLA by filing Writ Petition No. 233 of 1991 while r......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....ew. When the President passes the order of dismissal he, being the highest constitutional functionary, cannot be termed or deemed as the higher authority when he review his own order. The second proviso indicates that a Government Servant may come to the Tribunal within six months from the date of a......ministrative authority. The first proviso to section 4(2) is not attracted in these two appeals. 24. The second proviso to section 4(2) presents a paradox and in the two appeals before us, we are called upon to solve them. I may as well reproduce the second proviso: "Provided further that no......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....amal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In......se, is one among those cases in which Courts allowed interest in arbitration proceedings. In England the first statute governing payment of interest is the Civil Procedure Code, 1833, which is also called Lord Tenterden's Act. This Act authorised common law Courts, in which actions were tried by ......ork from 21 March 1983. The respondents, in addition to their bill for the main construction work under the Agreement, submitted a Bill (Bill No. 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants responsible for..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....shed record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considered to be a good exercise of discretion when a person is reinstated in an institution like a bank by way of altering an order of dismissal from servic......gence and serious irregularities in opening the disputed letters of credit in the name of fictitious persons causing huge loss to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made f...... as Case No. 158 of 1989, alleging, inter alia, that the Bank Authority upon suspending him from service, charge sheeted him on 16.7.86 on the allegation that he had abetted in defrauding and causing loss to the Bank of an amount of Taka 58,00,698.30 by collectively opening some letters of credit in..Category: Administrative Law | Date: | Hits: 143
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... salient features of the case are being described below. 3. Defendant, Sonali Bank took up a scheme called "Bikalpa" for helping unemployed University graduates by providing them with taxi‑cars so that they could earn their livelihood as taxi-drivers. Under this scheme the defendant-Bank decid......y for us to enter into the details thereof. For the purpose of disposal of this appeal, however, salient features of the case are being described below. 3. Defendant, Sonali Bank took up a scheme called "Bikalpa" for helping unemployed University graduates by providing them with taxi‑cars so t......unsel for the plaintiff-respondent (hereinafter plaintiff) contends that the Court certainly got such powers but, in this case, what has been awarded by the Court is not interest but compensation for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to t..Category: Business or Commercial Law | Date: | Hits: 128
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....tuted under the Commission of Enquiry Act, 1956 for an enquiry into the circumstances leading to the heavy damage to aircraft and vessels based at Chittagong during the cyclone of April 29, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause......ment of Special Additional Pension was not available to him, because he was compulsorily retired from service due to inefficiency. It is contended that had the High Court Division issued the Rule and called for the records, it would have been clear that he was retired from service for malafide reaso...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....tition taking the ground that it was malafide and repugnant to the principle of judicial independence as well as against public policy. The Rule was discharged by the High Court Division, with some observations against a Secretary of the Government; he has now come before us with an applicat......on was contested by the Government through the Secretaries of Works and Establishment. The High Court Division after hearing both the parties accepted the petitioner’s allegation that he was called by the Secretary of Works through his PA and observed that such action was extremely objecti......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....Md. Nabinoor Islam Khan and anr …….Respondents (In Civil Appeal No. 49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Asoke Gulati Vs. BS Jain, AIR 1987 (SC) 424 ; PD Agarwal and another Vs. State of UP and others, AIR ......ntment by the Public Service Commission, briefly the PSC. This period was extended from time to time in consultation with the PSC. In 1977 the PSC by an open advertisement held an interview, which he called "Competitive Examination," for appointment of Assistant Engineers on regular bas4s. 'Petition......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
.... is allowed. The Limitation Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved ......ppeal, the court has first of all to be satisfied that there was sufficient cause for not filing the appeal in time. The appellant has to make out a case of sufficient cause by filing an application, called a petition for condonation of delay. Mr. Ahmed argued that it is not required by section 5 of......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....bsp; Md. Ruhul Amin, J.- This is plaintiffs' appeal by leave against the judgment dated July 23, 1996 of the High Court Division in Civil Revision No. 1835 of 1994 making absolute the Rule obtained against the judgment and decree dated February 24, 1994 of the Court of D......iff has been found not genuine and accepting the said finding the appellants are claiming title by adverse possession. The claim so made is not legally well founded. 10. The question that called for determination in the instant case is, whether the plaintiff was able to make out a case ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....dul Kader, respondent No.3 held 375 shares and Md. Chand Mia, respondent No. 4, held 1,875 shares. They are related to one other. The company was incorporated in 1980 according to the Articles of Association of the Company and was registered under the Companies Act, 1913. It was stipulated in th...... of the minority share holders. 2. The short facts, leading to this leave petition are that the respondents are promoters/ shareholders of the petitioner No.1 Company, hereinafter shortly called the company. The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the C......ted. Although the minority share holders were claiming that the company was making profit but the Managing Director and the majority shareholders were telling that the company was running at a loss and it did not disclose any dividend and even the minority members were not ..Category: Business or Commercial Law | Date: | Hits: 86
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