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Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......der No. 28 of 1973 President’s Order No. 28 of 1973 was specifically enacted in pursuance of the powers of Parliament granted by Article 68 of the Constitution. It cannot be said therefore that the insertion of Article 3C is beyond the scope of President’s Order No. 28 of 1973......f Article 3C is beyond the scope of President’s Order No. 28 of 1973……..(6) A Member of Parliament is entitled to such privileges as the Parliament may determine and the determination is an act of discretion, propriety and sense of decency on the part of Parliament. Wh..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ...... 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can......decretal amount from the appellant. The suit is further remanded to the Admiralty Court only to determine the value of the vessel, Al-Falah-1 and pass a decree in favour of the plaintiff upon such determination, taking further evidence from parties. In the result, the appeal is disposed ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ng up of a proceeding for contempt we have decided to opt for discretion keeping in view the celebrated dictum of Lord Atkin (Andre Paul Vs. Attorney-General, AIR 1936 PC 141) which has always been a guiding principle with this Court. Said Lord Atkin: The path of criticism is a public way: the w...... a proceeding for contempt we have decided to opt for discretion keeping in view the celebrated dictum of Lord Atkin (Andre Paul Vs. Attorney-General, AIR 1936 PC 141) which has always been a guiding principle with this Court. Said Lord Atkin: The path of criticism is a public way: the wronghead......bul Islam Bhuiyan President Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Cou......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......ingle Judge thought it fit and proper not to interfere with the order of conviction but only reduced the substantive sentence of imprisonment of accused petitioner Mowlana Abdul Hye. As a matter of principle, we do not think it proper that by instalments the sentence should be considered once in ......ted by Md. Nawab Ali, Advocate-on-Record — For the Petitioner (In Criminal Petition No. 108 of 1997). Not represented — The State (In both Petitions). Criminal Petition for Leave to Appeal Nos. 103 and 108 of 1997. (From the Judgment and order dated 9-6-97 pas...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......ul Haq, Advocate-on- Record— For the Petitioner. AKM Nazrul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1......ing the respondent to show cause as to why the purported action of the respondent for selling Al-Helal Rice Mill under article 34 of the Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 until the determination of the actual amount of the liabilities in pursuance of tender notice published in th..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of t......on was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Su......thout determining basically those contentious issues including the locus standi of the writ petitioner. Secondly, the High Court Division, having itself come to the conclusion that the determination of the genuineness of those annexures are not permissible in a writ petition erred i..Category: Property Law | Date: | Hits: 48
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......gistrate acted without jurisdiction in initiating the impugned proceeding under section 145 Cr.P.C. In passing the impugned judgment the learned Judges have relied upon, in our opinion rightly, the principle of law decided in the case of Jobeda Khatun vs. Momtaz Begum, 45 DLR (AD) 31. 5......espondents Judgment January 15, 1998. The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same p...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ases. Mr Hoque submitted that the decision has not only violated the principle of stare decisis but has the ominous potential of undermining the constitutional authority of the Supreme Court and misguiding the people about their right to freedom and liberty. Mr. Hoque submitted that besides produ......ictions have been appealed against, some cases are still pending and presently he is on bail. This appeal has, therefore, no bearing on the release of the erstwhile detenu but seeks to settle some principles and law relating to preventive detention which are alleged to have been wrongly decided ......ellip;………………..(41) The Special Powers Act, 1974 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he would start election campaign for his party soon and that he had no regrets or excuses the detenue committed no crime or illegali......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......n. 4. The petitioner preferred Appeal Case No. 51 of 1996 to the Administrative Appellate Tribunal which found that the decision of the Administrative Tribunal was in accord with the principle laid down by this Court in Md. Abdus Sukkur vs. Chairman, National Board of Revenue and ......Act, 1908 (Act No. IX of 1908) Sections 4-25, 14, 29(2) The view of the Administrative Appellate tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..Category: Administrative Law | Date: | Hits: 121
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......rt. 7. In view of the aforesaid findings the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law or principle laid down in a decision relied upon by a court are no grounds for review Error apparent ...... section 19(1) of the Industrial Act 1947 and has no manner of application to the facts of the present casein which interpretation of section 42(2) of the Industrial Relations Ordinance, 1969 fell for consideration and that the points involved in the instant case were not decided in the decision......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......under section 19 at all. That decision of 40 DLR was challenged before the Appellate Division by the Collector of Customs. This Division apart from the question of vested right also considered the principle of promissory estoppel as the importer imported the goods on the assurance of the Governm......Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fi......under this sub-section shall be chargeable with customs duties on the basis of its declared value." Section 30 of the Customs Act reads as follow “30. Date of determination of the value and rate of import duty.—(1) The value of and the rate of duty ap..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......titioner was served with a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle of natural justice The notification up grading the post of Sheristader came into force on...... Lawyers Invoved: Abdus Sobhan, Advocate instructed by SH Siddique, Advocate-on-Record—For the Petitioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 799 of 1994. Judgment AM Mahmudur Rah...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..Category: Administrative Law | Date: | Hits: 125
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... eligible to be elected as Director of the Bank in spite of having duly qualified shares unless the Board of Directors recommends his case, which goes against the concept of company law as well as principle of franchise. 14. Following submissions of the Caveator were allowed to be consid......ture has been specifically given to the Board of Directors in the said Article or any other Article. Under the garb of recommendation Board of Directors cannot reject the candidature of any person for the election to the office of the director of the Bank……………&......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... They alleged that the impugned order was contrary to the provisions of the BCS (Police) Composition and Cadre Rules 1980, the BCS Recruitment Rules, 1981 and the BCS Seniority Rules, 1983 and the principle laid down in Md. Abdul Mannan and others vs. Hasan Mahmud Khandaker 16 BLD (AD) 147 = 1 B...... The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases R...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......e. In the Fundamental Principles of State Policy Article 22 of the Constitution provides that the State shall ensure the separation of the judiciary from the executive organs of the State. This principle shall be applied by the State in the making of laws and Article 22 was not meant for bea......cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c...... of judicial independence for purposes of section 11(d) of the Charter. The essentials of such security are that a Judge be removed only for cause, and that cause be subject to independent review and determination by a process at which the Judge affected is afforded a full opportunity to be heard. T..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......ed. The order of restoration having been made in the interest of justice invoking the provisions of section 151 of the Code for setting aside such an order is not in consonance with sound judicial principle specially when High Court Division found that the application under section 115 was not m......om the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public interest and for effective maintenance of service discipline transfer order can be passed as provided in the Ser......mployees) Service Rules, 1982 and in public interest they have been transferred from one district to another which is lawful and the same cannot be challenged. 4. The material question for determination is, whether Class III employees who belong to the PDB can be transferred from one dis..Category: Employment/Service Law | Date: | Hits: 90
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......committed an error of law in declaring that the impugned Annexure E and F of the Writ Petition were issued without any lawful authority. The learned Advocate lastly submitted that it is a settled principle of law that the High Court Division should be very slow to exercise its extraordinary ...... election of the Chairman of No. 7 Magalgaon Union Parishad, Sylhet. 2. The short fact leading to this appeal is that, respondent AKM Abdullah contested the election of the Chairman of the aforesaid Union Parishad held on 29-12-1997 and the polling of all centres were held peacefully and ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......ny relief; and (iii) whether the courts below were entitled to extend the time for deposit and save the suit from the mischief of the default clause. 9. To begin with, it is an established principle of law and practice that a party should not be heard on a ground on which leave was not g......ho refused to accept the cost of Taka 1000.00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 1991 for specific performance of a contract for sale. An Assistant Judge of Dhaka decreed the suit agai......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......rs over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms...... agent. Their tenure having expired on 12 June 1995, the Employees Union filed an application with the Registrar of Trade Unions in accordance with section 22(2) of the Ordinance to hold election for determination of the collective bargaining agent (CBA). The Registrar, on receipt of the application..
Category: Labour and Industrial Law | Date: | Hits: 163
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