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Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....can only send the case to the Special Tribunal when it appears to him that the case calls for higher penalty then he is emÂpowered or the case needs to be split up. Thus, the contention is bereft of any force that the accused will be prejudiced if he is tried by a Special Magistrate. The decision i......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......ook cogniÂzance of the offence under Article 2 (4) (b) and (f) of the said Order. The High Court Division was moved under sections 435/-439/561A of the Code of Criminal Procedure for quashing of the proceeding on the ground that offences specified in clause (f) of Clause (4) of Article 2 and other ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....pugned order removing the appellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opporÂtunity for cross-examining the witnesses examined by the Screening 'Board in the absence ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......try of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be reta..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e orders of confiscation mainly on the ground of lack of jurisdiction contending that the facts as stated by the Customs authorities even if admitted do not attract the mischief of the Customs Act or any other law in force in Bangladesh. 3. Several questions were raised before the High Court Divi...... ground. 14. Mr. Asrarul Hossain has filed an applicÂation fur urging three additional grounds. We have heard him on those additional groÂunds and are not impressed as to their relevancy at this stage of the appeals. It is to be observed that the learned Judges of the High Court Division also d......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....r. But the Deputy Superintendent of Customs filÂed a complaint on July 29, 1968 to the Sub-Divisional Magistrate alleging that the accused by keeping in his possession the gold in quesÂtion without any permit committed offences unÂder Sections 167 (8) and (81) of the Sea CusÂtoms Act in that the......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......l Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusÂing to quash a criminal proceeding started unÂder section 167(81) of the Sea Customs Act which was challenged by the accuse..Category: Criminal Law | Date: | Hits: 42
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ended from time to time by issuing Proclamations……………………(18) Martial Law Courts being creatures either of the Proclamation or Martial Law Regulation, have the authority to try any offence made triable by such Courts. All proceedings before a Martial Law Court has been......s. 3. Leave was granted to consider:— (1) whether the Government is empowered under Regulation 3(2) of Martial Law Regulation No. 1 of 1975 to transfer any case from any Criminal Court at any stage of the trial to a Martial Law Court for trial of the offence irrespective of the date of commi......¦â€¦â€¦â€¦â€¦â€¦â€¦(18) Martial Law Courts being creatures either of the Proclamation or Martial Law Regulation, have the authority to try any offence made triable by such Courts. All proceedings before a Martial Law Court has been protected from being challenged before any court, in..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
.... far as they are not inconsistent with those contained in the Act to the proceedings of the SpeÂcial Tribunals. The High Court DiviÂsion has neither the power to hear an apÂpeal from nor to revise any order, judgÂment or sentence of the Special Tribunals…….(3) Munim, J. came to the conclu......t the prolongation of the prosecution would be an abuse of the process of the Court. In this view of the matter there is no subsÂtance in the contention that the proceeding should be quashed at this stage........ per K.M. Subhan, J In the result the appeal is disposed of with observations afores......on 29. Section 29 of the Special Powers Act has made apÂplicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those contained in the Act to the proceedings of the SpeÂcial Tribunals. The High Court DiviÂsion has neither the power to hear an a..Category: Criminal Law | Date: | Hits: 51
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ril 26, 1979. The Constitution of Bangladesh, 1972, Article 102 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 Irrespective of the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the sect......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......nded his reinstatement. The appelÂlant served demand justice notice through his lawyer. In reply to the same he was informed that the order of dismissal had been passed in connection with the second proceeding and not in connection with the first proceeding. With regard to the other case, the appel..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... to the operation of this proviso, is entitled to the benefits as admissible under this rule, only for the period from his appointÂment to the date of suspension and thus such order has not affected any statutory right of the appellant. The appeal is dismissed. Lawyers Involved: S.R. Pal, Sen......in the judgment of the High Court Division warranting inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......ding to the impugned order are that the petitioner at the relevant time was employed as the Chief Cost-Accounts Officer in the Tariff Commission. On certain allegations of corruption and misconduct a proceeding was drawn against him under the Government SerÂvants (Discipline and Appeal) Rules 1976,..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....titioner is conÂcerned has not created right inhering in him so as to disentitle the prosecution to prosecute with evidence which was not available earlier". He further submitted that this case, in. any view of the matter, is fully covered by the decisions of this Court namely, (1) Akhtar Hossain K......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......g under section 396 of the Penal Code read with P.O. 50, of 1972. ThereÂfore, it is difficult to accept the submission of the learned Advocate that the case on 'narajee' filed by the complainant was proceeding as an ordinary criminal case after the 'narajee, petition was entertained, in view of the..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resoluti...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......der removing the chairman. 3. The High Court Division did not find merit in the petition and on its rejection at the final hearing, the appellant obtained leave for considering the legality of the proceeding for removal of the Chairman in the special meeting in the absence of rules framed for the..Category: Employment/Service Law | Date: | Hits: 108
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....ril 13, 1978 removing the appellant from service of the Corporation with immediate effect. This order was chalÂlenged by filing a writ petition contending inter alia that the appellant was not given any persoÂnal hearing either by the Enquiry Officer or by the Chairman of the Corporation at any st......der was chalÂlenged by filing a writ petition contending inter alia that the appellant was not given any persoÂnal hearing either by the Enquiry Officer or by the Chairman of the Corporation at any stage of the departmental proceeding and he was reÂmoved from service without considering the reÂc......ling a writ petition contending inter alia that the appellant was not given any persoÂnal hearing either by the Enquiry Officer or by the Chairman of the Corporation at any stage of the departmental proceeding and he was reÂmoved from service without considering the reÂcommendation of the Enquiry..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....e provisions of section 35 have been made apÂplicable to an order made under this section which means that an order made by the AdÂministrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court whose decision will be the fina......cognizable by the Administrator of waqf and hence excluded from the cognizance of the Civil Court. When a decision is made by the Administrator then the provision of section 102 is attracted but that stage has not yet come. On section 102 this Division has exÂpressed its views in the case of A. K. ......nistrator and the ComÂmittee, Chapter IV Enrolment of Waqf, Chapter V Waqfs Accounts, Chapter VI Transfer of Waqf, properties, Chapter VII Mutawalli Chapter VIII Finance, Chapter IX Certain Judicial proceedings, Chapter X Amendment and Repeal of certain enactÂments, Chapter XI contains certain pro..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
..... W. Khondker, Counsel for the appellant, upon which leave was granted by this Court. They are :— "1. As Section 27 of the Act provides that the Special Tribunal shall not take cognizance of any offence alleged to have been committed under the Act except on the report in writing of a Poli......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......f a complaint. 5. The Sessions Judge though a SpeÂcial Tribunal being a distinct and separate Court under the Special Powers Act canÂnot, acting as Sessions Judge, convert itself in the same proceeding to act as Special Tribunal at the same time so as to treat a proceeding under the Code of..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......clared all the foreign currencies he had with him. When, however, the Customs Officials were about to search his persons, the appellant declared that he had some more undeclared foreign currencies. A proceeding was started with the Tejgaon Police Station under the proÂvisions of the Special Powers ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....endment 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 operaÂtion on the pending cases………………….(31) per Fazle Munim, J. ......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 ...... it did not have any retrospective operaÂtion on the pending cases………………….(31) per Fazle Munim, J. The High Court DiviÂsion acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division………..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....appointed a retired Chief Justice of the Supreme Court of Bangladesh as the Arbitrator. 3. The High Court Division refused to interfere with this order because the petitioner in taking too many adjournments in the hearing of the matter had displayed an unacceptable conduct. 4. Mr...... that the Arbitrator has already entered on the reference and has started issuing notices to the parties. In that view of the matter we are not incline to entertain this technical objection at this stage. 6 Mr. Ahmed next submits that the conditions of contract between the parties did not......point an Arbitrator in terms of clause 33 of the Contract the petitioner failed to do so and so the application to the court. Over a performance bond executed by the respondent a lengthy injunction proceeding since 24.10.90 is on this court has granted leave to appeal from the decision of the Hi..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....o cover it. Accordingly, we requested Mr. Pal to appear as amicus curiae to assist the court on the fist question, namely, when an interlocutory order has been unsuccessfully appealed from, whether any error, defect or irregularity in the order affecting the decision of the case, could be set fo......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 ......nto the particulars of that question, we deem it right to notice an objection which was taken at the bar on the part of the Respondents, that it was too late now to impugn the regularity of the proceeding to grant the review; that if the Appellant deemed himself aggrieved by it, he ought to ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....Station and identified the machine and claimed it to be his machine which had been stolen on the previous night. The arrested person‑accused Shafi was also found in the thana in presence of many persons including Police personnels. Accused Shafi made a statement saying that three other per......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......stly in a quashing petition which is not at all maintainable." The learned Judges proceeded on the assumption that section 561A Cr.P.C. is meant only for quashing a criminal proceeding before the trial has started and that when the trial, as in this case, has been conclud..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... as out of the case. There was no other relief which could be claimed against the husband. The money was in the banks and at the disposal of the plaintiff and it would have been impossible to make any other claim against the husband except for a declaration that the money in the banks was money ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......it for declaration of his title simpliciter. Before institution of the suit as the first party he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who drew up a proceeding under section 145 of the Code of Criminal Procedure and attached the proceeding land and..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....n in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant, submitted that Sadat Ali Kari being alive at the time of the sale and he having not riled any application for pre-emption proceeding his heirs are not competent to start pre‑emption p......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ...... in question the pre-emption cases fails. On the death of the pre-emptor this right is not lost, because, the pre-emptor's heirs or their heirs inherit the right along with the land. In a pending proceeding the heirs are entitled to be substituted in the place of the deceased pre-emptor and pro..Category: Property Law | Date: | Hits: 54
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