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Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....s not also found that the impugned Ordinance/Act is in conflict with any other provision of Part II of the Constitution containing Fundamental Principles of State Policy. That being so, it was wholly unnecessary to decide whether in view of the Provision in sub‑article (2) of Article 8 that the pr......s. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR ..Category: Constitutional Law | Date: | Hits: 655
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....it is punishable under section 147 or under section 148, all members of the unlawful assembly are equally liable for it. Application of section 149 for the offence of 'rioting' is misconceived and unnecessary. In this case the charge framed against the petitioners and the findings of the courts ......ved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 ..Category: Criminal Law | Date: | Hits: 59
....he agreement for sale the appellant knew about this legal position or not, so long as there was no misrepresentation on facts on the part of respondent No. 3. We find there was none.
35. It is unnecessary, in our opinion, to enter into a legal polemics as to who was the 'lessee' of the disput......
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold l..
Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....enged the order of acquittal; but the State has come here for expunction of certain observations made in the judgment of the High Court Division on the ground that these are totally irrelevant and unnecessary for the disposal of the appeal and that these observations are derogatory to the entire...... AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passe..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....le 4, read with the Third Schedule which requires a certificate. 10. Lastly, the learned Additional Attorney General has argued that production of a certificate before the respondent is unnecessary because the lessee knew from the very beginning that the properties, some of which incl......in question is whether the "certificate", as required of that the appellants, under Rules that the goods in from question are Government properties and that these that goods are intended for "consumption or use for official purpose only" is mandatory, or mere directory. In ot..Category: Fiscal/Taxation Law | Date: | Hits: 92
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....lia to becomes necessary or advisable for any reasonable cause. That a judgment in a criminal Court is discussion made in the impugned judgment were pronounced "after the termination of the trial" is unnecessary and they ought to have been avoided as provided in section 366 Cr.P.C. which occurs in t......ral, M Shamsul Alam, Deputy Attorney‑General, B Hossain, Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the Hi..Category: Anti-Corruption Laws | Date: | Hits: 88
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... of order of which respondent No.2 complained to the Labour Court. This view is, I think, further supported by the express conferment of three powers enumerated this sub‑section. This was wholly unnecessary if all the powers available to a civil Court under the Civil Procedure Code had already ......rder dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). Judgment MH Rahman J: Respondent No.2 instituted industrial Relations Case No.73 of 1985 before the First Labour Court, Dhaka under section 34 of the industrial Relations Ordinance, 1969, in ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....nd with regard to the legality of the sentence as passed by Special Martial Law Court on 24.7.78. We have heard the learned counsel at length on various aspects both on law and fact. I consider it unnecessary to decide the constitutional point raised in the proceeding and that narrows the matter......the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highes..Category: Constitutional Law | Date: | Hits: 365
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....vent of full or partial execution of the decree, therefore, the subsequent passing of a decree in the later suit in both cases is likely to lead to multiplicity of litigations, causing harassment, unnecessary expenses and waste of time to the parties concerned, There is no doubt, therefore, that......ned by the appellant against Respondent No. 1 and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the t..Category: Property Law | Date: | Hits: 61
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....ion of the principle natural justice and consequently, the should be expunged and direction to take are liable to be set aside. 24. In the case of State vs. Abdul DLR (AD) 173, unnecessary remarks e4 which were irrelevant for the disposal the appeal. In the case of MG Rabbani......e offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h..Category: Criminal Law | Date: | Hits: 72
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....s. The trial Court found that the Government Servants (Discipline and Appeal) Rules 1976 were not complied with. It therefore decreed the suit. 5. The appellate Court below held that it was unnecessary to consider whether the plaintiff's absence was authorised or not. A show cause notice ......rom 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and children were at that time living at Magura Town. Enclosing medical certificates he applied for extension of leave till 8.7.76 as the condition of his alling father and wife deteriorated. The..Category: Property Law | Date: | Hits: 124
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....ining a person for preventing him from committing a prejudicial act or acts, the court has to look to the materials as may be produced by the State and the order of detention and not to any loose and unnecessary statement as may have been made by a petty official whose only duty was to communicate t......ment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. ..Category: Constitutional Law | Date: | Hits: 185
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....pondent has to urge before the High Court Division that the appellant was harassing him by filing one false and frivolous case after another and that the proceeding should be quashed to save him from unnecessary harassment. But it appears that the respondent annexed Annexures-A and B to his revision......to outrage her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the who..Category: Criminal Law | Date: | Hits: 85
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....tion of sections 19 and 30 urged by the learned Additional Attorney-General. Mr. Huq submits that this Division having approved the High Court Division’s judgment in A Hannan case it will be unnecessary to grant leave in these petitions which will cause unnecessary harassment to the ......7, 469, 471, 474, 477, 483, 488, 493, 500/94). Not Represented — For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 p..Category: Business or Commercial Law | Date: | Hits: 126
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....judicial custody) had already been passed by the Sub-Divisional Magistrate within the knowledge of the accused and thereafter the accused was produced before the Magistrate PW 11. It was therefore unnecessary for the Magistrate, PW 11, to tell the accused that he "would not be sent beck to ......eme Court High Court Division Criminal Revisional Jurisdiction Presents: Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- ..Category: Criminal Law | Date: | Hits: 62
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....arised the evidence of 19 PWs. Again taking up the defence submission that section 149 of the Penal Code is not attracted to the facts and circumstances of the case the High Court Division made an unnecessary discussion of section 149 of the Penal Code and in applying the said section to the pre......s sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22)..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
.... February 8, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XIV, rule 1 Learned judges of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the context of ple......ip;………(5) Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 ..Category: Family Law | Date: | Hits: 158
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....execution case. The order of stay of the execution case was not passed in the contempt matter but in the first appeal. It, therefore, appears that the whole exercise leading to this application was unnecessary and the submission of the learned Advocate is devoid of any reason. The petit......te-on-Record — For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record — For the Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 pa..Category: Others | Date: | Hits: 74
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....diction. Unless administrative remedy provided under the Act is availed of by an aggrieved person against any order or decision of the custom authority the High Court Division is overburdened with unnecessary litigations and speedy remedy cannot be had from that court. Ordinarily writ petition a......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..Category: Fiscal/Taxation Law | Date: | Hits: 94
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....nce of the advertisement on October 30, 1975 was made in violation of the Establishment Manual and Circular of the Bank which has statutory force. In the face of such finding, he submits, it is an unnecessary exercise to make them parties to decide a matter which was decided long ago already aga......b Hossain, Advocate-on-Record -—For Respondent No. 1 (in all the Petitions) N H Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated ..Category: Administrative Law | Date: | Hits: 159
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