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Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....ts our interference. The petition is dismissed. 6. Mr. Mahbubey Alam, the learned Advocate Petitioners. on behalf of 3rd party petitioners has moved an application for addition of 631 persons as parties to the present leave petition stating, inter alia, that they are the member of ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. De......that a recognised secondary school is a statutory body entrusted with the implementation of a fundamental principle of state policy of establishing a uniform, mass-oriented and universal system of education for carrying out the objective of the Government to reorganise the secondary education in..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....e Station and informed the Officer-in-Charge that the said Engineer Syed Md. Nuruddin had committed suicide The Officer -in-Charge immediately rushed to the place of occurrence and interrogated the persons found there when suspicion arose in his mind that it was not a case of suicide. He began i......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....e ambit of section 4 of the Act from 25th September, 1984. In that case the order of termination was challenged in suit and the respondent spent about six years’ time seeking remedies before persons or other authorities not contemplated in sub-section (2) of section 4 of the Act. In ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Abdul Latif Chokder …………………………Respondent Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....in Article 102(1) is not without significance. It means in effect that those whose fundamental rights are being violated need not themselves invoke the jurisdiction under Article 102(1). Provided the persons aggrieved do not object, others espousing their cause can also invoke the jurisdiction under......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......Division Judgment Here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant......dy improvement in the material and cultural standard of living of the people, with a view to securing to its citizens the provision f the basic necessities of life, including food, clothing, shelter, education and medical care; the right to social security, that is to say, to public assistance in ca..Category: Constitutional Law | Date: | Hits: 450
.... of the Ordinance, that the provisions of law were not complied with, that there was no application of mind by the CMM in taking cognizance, that the issuance of warrant of arrest against the accused persons instead of summons without showing reasonable grounds was contrary to law for which the accu......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......orted in: 50 DLR (AD) (1998) 189.
......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....o.55-57/12070 dated 18-10-83 addressed to Secretary and endorsed to Board for information”. 14. Now the legal position which is not disputed is that, all officers and other persons engaged in the performance of any functions under the Income Tax Ordinance, 1984 shall, in...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ellip;…………..Respondent Judgment July 29, 1997. The Income Tax Act, 1922 (XI of 1922)Section 23(3) read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit hav...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons with disproportionate amount of armed preparation. In the absence of any evidence that the ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......nce. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
.... He constructed a two storied one unit small building thereupon and then sold it to one Mrs. Syeda Khatun in 1963. The house was illegally taken over as abandoned property and allowed to different persons/authorities. On the death of Syeda Khatun her husband Syed Sulaiman Ashraf inherited the ho......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......ompleted all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance the Cantonment Board is under an obligation to mutate name of the writ petitioner in the records of the Cantonment Board………………(4) ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....d under section 148 of the Penal Code. Co-accused Keru and Kader were also charged under section 324 of the Penal Code but they were acquitted of the said charge. 2. All the accused persons filed two separate appeals against their conviction and sentence as aforesaid and a Divisio...... trial Court found the accused persons guilty of the charges and convicted and sentenced them as aforesaid. 7. On appeal the High Court Division took the view that PWs 1-3 are highly interested in the case. PWs 7-9, on whom the trial Court relied cannot be said to have corroborate...... if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....s of the criminal gang or that he himself volunteered his service. We reject Serajul Huq’s contention that the appellant Airport Manager was an innocent puppet in the hands of some designing persons. We also noticed that the accused Security Officer Abu Taher’s appeal was allowed bec......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......e is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... of the Rules. Section 4 of the Act runs as follows: “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......an J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....Returning Officer and the Assistant Returning Officers have also been joined as parties in excess of the requirements of the said article. Learned Counsel has tried to argue that the joinder of these persons amounts to non-compliance with the provisions of article 50. According to him, article 50 sh......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......t. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not cont......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....ommissioner, Bandarban recommended the names of both the appellant and respondent No. 1 for nomination and recognition as the Chief. The Divisional Commissioner after considering the case of both the persons recommended the name of the appellant for nomination and recognition as he is the fit, compe......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......bsp; Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. ......age and increasingly losing all his qualities for performing the functions of the Bohmong Chief. On the other hand respondent No. 1 is running 60 years in age and has much better physical, mental and educational strength. He has also higher educational qualification than that of the appellant. The G..Category: Civil Law | Date: | Hits: 203
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
.... said 3.90 acres of land and since pattan she had been possessing the same, which are now being possessed by the plaintiffs. On 8-9-93 the vested Property Authority at the instance of some interested persons of the locality illegally issued notice upon the plaintiffs claiming 1.53 acre out of the su......f her share said 3.90 acres of land and since pattan she had been possessing the same, which are now being possessed by the plaintiffs. On 8-9-93 the vested Property Authority at the instance of some interested persons of the locality illegally issued notice upon the plaintiffs claiming 1.53 acre ou...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Ves......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ...... Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is dismissed. Equity Intervention of the Deputy Commissioner in reinstating the incumbent through magistrate may have been outside of the framework of the statut......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......thers………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not ear......eir grand-mother is also there to look after them; 6) the children will be much better off under the care of their father who is as means whereas the mother has neither the means nor proper education to earn a livelihood for herself. 17. The other important ground raised for cons..Category: Family Law | Date: | Hits: 250
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....he defendant alleging that the defendant who was in love with her had married her on 6th October 1988 19th Aswin 1395 BS—according to the Hindu Shastra at Tarasree Kalimandir in presence of several persons. Subsequently on 8th October 1988 the plaintiff and the defendant together swore an affidavi......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......pal Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumpt......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... judgment, while Naimuddin Ahmed, J delivered the majority judgment and Md Hamidul Haque, J delivered a separate concurring judgment. 7. During the pendency of the three writ petitions four other persons prayed for being added as petitioners in Writ Petition No. 3193 of 1992 (Civil Appeal No. 15......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others ………â€....... Mr. KS Nabi, learned Attorney- General submits that the learned majority Judges of the Special Bench did not take into account that there is a distinction between an interview held for admission in educational institutions and an interview held for selection of Officers for higher posts in Governm..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
....ng with others on 11-9-89 at about 8-00 AM being armed with deadly weapons by forming an unlawful assembly came to cut away jute from the land of deceased Hatem Sikder who tried to resist the accused persons. At this accused Abdul Mannan Sikder dealt a katra blow on the right side of the chest of de......ges rightly believed the same. Merely because PW 4 and 7 are distantly connected with the victim their testimony of witnessing the occurrence cannot be disbelieved on the ground that they were not disinterested witnesses when their examination in chief could not be shaken in cross-examination by the......ame calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
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