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Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......er of getting exemption from customs duty on the basis of the earlier notification and the same could not be adversely affected by subsequent notification made by the Government in exercise of the power of delegated legislation. In reaching the said conclusion sections 19 and 30 of the Customs A......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others…………………&helli...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....pon publication and sale of the ‘note-books’ in question is violative of the fundamental rights guaranteed the Constitution. They also submitted that they are in danger of being ruined financially because of the huge stock of ‘note-books’ that they have already before the......lity of text-books in those schools. The Board had statutory control over the text-books prepared and published or approved by it and by necessary implication, he submits, this control included the power to protect its text-books from being used (or abused) in the production of ‘note-books&......n Abdul Kader alias Mostafa Kamal & others……….. Respondents (In Civil Appeal Nos. 77 of 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......g was adequately explained by him but the Kartripakkha neither gave him any opportunity to explain the shrinkage nor considered the explanation given by him to be unsatisfactory. Also, there is no power of demolition of a building on the part of the Kartripakkha if it leans on one side and in an...... appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No.......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ncluded by decision even if that be erroneous. The Supreme Court of Pakistan in the case of Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335 was considering the scope and extent of the power of review under Article 161 of the Constitution of 1956 and Kaikaus J made some observations t......which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Control......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......lities. There is nothing to show, he submits, that the appellant Ministry took any contrary decision later on. The High Court Division, he submits, right interfered in the matter and exercised its power judicial review when the Government was not acting reasonably and fairly in dealing with the ......p;…………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-o......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....missed the appeal on the ground of “estoppel” under section 115 of the Evidence Act as after passing of the order of compulsory retirement the applied appealed for LPR and accepted all financial benefits including monthly pension. 4. Being aggrieved by the impugned order passe......ir vs. Kelu Nair, AIR 1933 (PC) 167 observed as follows: “Having induced the Appellants to permit him to retire, the Respondent cannot be heard to say that the appellants had no power to relieve him from service. Even if the action of the appellants was not strictly sanctione.................. Appellant vs. Bangladesh, represented by The Secretary, Ministry of Home Affair……Respondents Judgment August 28th, 1995. Cases Referred to- Bangladesh Parjatan Corporation Mafizur Rahman 46 DLR (AD) 46. Akhlasur Rabmanvi Safauru......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......badly damaged. She went out of commission altogether. There was no place of repair in Bangladesh or India. The nearest place of repair was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some r......the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central th...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......ff to enable him and other members of his family to see the minor child. Thereafter defendant No.1 sent a notice to the plaintiff informing that she dissolved the marriage exercising her delegated power of divorce and to the same effect she also sent notice to the Mayor of the Dhaka City Corpora......vision No.4002 of 1994 rejecting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......sion but through seisin, which establishes possession; but a composition is of equal effect with a decree of the Kazee, in the present case, as the husband, by such composition, makes himself and his power over his own person is superior to that of the Magistrate. This reasoning does not apply to th......on Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ...... But the usual and well-settled practice is that a criminal proceeding can only be quashed after cognizance has been taken and process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercised and only to prevent the abuse of the p......ip;………………………………………… Respondent Judgment June 11, 1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 3......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... this Act shall be the High Court Division: Provided that the Government may, by notification in the official Gazette and subject lo such restrictions and conditions as it thinks fit, empower any District Court to exercise all or any of the jurisdiction by this Act conferred upon the.............Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sult...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....or college teachers) it would be evident that though both the services related to teaching, the teachers of non-government colleges had been discriminated against in the matter of their status and financial benefit by making distinction between them and the teachers of nationalised schools, beca...... Bangladesh, issued the aforesaid notification dated 25 March 1981 promulgating the impugned Rules, hereinafter referred to as the Rules of 1981, which was made by the President in exercise of his powers conferred by the proviso to Article 133 of the Constitution of the People’s Republic o......hellip;…..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain………………......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......e 104 of the Constitution. It will not be out of place to say that Article 32 (2) of the Constitution of India invests the Supreme Court of India not only with the writ jurisdiction but also with the power to issue directions, orders or writs in any matter. Thus the Indian Supreme Court possesses or...... Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person unde......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ...... who is employed mainly in a managerial or administrative capacity; or who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. Considering the nature...... (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......s defendants for a declaration that the disputed property was not an abandoned property and that he has right, title and interest thereon on the basis of a registered deed of agreement and general power of attorney and for recovery of possession was dismissed on contest. The appeal of the petiti......gment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Record—For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......n 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under section 203 CrPC properly or not, but the High Court Division prejudiced the appellant......ellip;…………………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......and their learned Advocate were strangers in Manikganj. It is submitted when the safety and security of the accused and their learned Advocate were at stake the High Court Division did not lack any power to pass the impugned order. In Md. Sirajul Islam & others vs. Keramat Ali Bhuiyan & ......e appellant on 17 November, 1992 a case was started and the Police submitted charge sheet against the respondent on a December 1993 under Section 341/325/427/109 of the Penal Code, Respondents No.1 to 3 filed in the High Court Division an application under section 526 of the Code of Criminal Pro......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......ed 22 February 1990, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Or......;Petitioners Vs. Deen Mohammad Rana and another …………………….Respondents Judgment June 2nd, 1994. Case Referred to- Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1. L...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......mmending that the President direct the then DIT to issue a Letter of Allotment to the said Company. The then President knowing fully well that the allotment was illegal and outside the purview of his power gave a written order to the then DIT to issue a letter of allotment of the said plot to the sa...... November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Peti......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... by just means” the Courts insist that the person or authority should have adopted the above “elementary and essential principles” unless the same had been expressly excluded by the enactment empowering him to so act. 30. In saying this we are not unmindful of the necessity of maintaining ......No.73 of 1994) Rabiul Karim …………………………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involve......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
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