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Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....evision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 1......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......952, found in the paper book herein, whether the violation complained of relates to the appellant's alleged encroachment upori4he respondent's land or for other reasons. In any view of the matter the proceeding under the Building Construction Act, 1952, is a matter different from the present proceed..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......ed a Money Suit, obtained a decree and put it into execution in Money Execution Case No. 22 of 1972. The property was then attached and advertisement was published for its sale in auction. At this stage, the respondent filed Misc. Case No. 174 of 1974 under Order XXI, rule 58 CPC for releasing t......minal case of trespass was started against his men‑Dhanmondi PS Case No. 19(2) of 1990. Against this case, the petitioner filed an application before the High Court Division for quashing the proceeding which is awaiting the final result of the Title Suits. In these circumstances, the learn..Category: Property Law | Date: | Hits: 101
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....her employees of respondent No. 5 on payment of six months' salaries from 31st December 1988. In view of the recurring loss respondent No. 5 Government decided for a voluntary winding up of the Company in 1988. That decision was challenged by one of the employees of respondent No. 5 in Writ Petit......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......charged the Government decided to liquidate the Company through Court so that the officers and employees of the Company could be dealt with according to the Companies Act. 2. The liquidation proceeding of Respondent No. 5 is pending before the High Court Division in Company Matter No. 7 of..Category: Business or Commercial Law | Date: | Hits: 104
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....llants were lessees for 1389 BS only and there was no paper to show that they were present lessees also. 5. The appellants did not take any step against the said order until 19.6.91 when an application, said to be one for correction of ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......cer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the said proceeding in the court of the Assistant Judge, Natore, proceeded with the said suit till 2.2.1983, ..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....jected on facts on the grounds of negligence the High Court Division erred in law in interfering in the matter when there is nothing on record to show that the Courts below appeared to have committed any error of law resulting in an error in the decision occasioning failure of justice. 6. In Bang......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......e', meaning from one party or side, has not been defined in Code of Civil Procedure. One of the basic principles of the adversary procedure followed in our court system is that as far as possible, no proceeding be conducted to the detriment of a person in his absence. One exception to this princip..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....nducted a search and recovered 6982 cartons of foreign cigarettes, 3 car air conditioners and other goods which were being carried illegally. It was alleged that neither the trawler CC Sea Hawk had any permission to enter into Bangladesh nor the goods which were found on board had valid supportin......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ection 168 of the Customs Act. The Customs authorities have their own powers under the said Act for adjudication in respect of the goods seized by them. The customs department is not a party to the proceeding in this court .There are no facts on record to show as to what has been done by the cust..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....d it did not indicate that it was passed by an order of the President. It is submitted that notwithstanding its finding be circular was not issued by an order of the President of the Republic or by any amendment of the Government Servants (Discipline and Appeal' Rules 1985, the Tribunal ought to...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......l previous orders in the matter, making the Conservator of Forests as the appointing authority for officers like the respondents; and as, such, the Conservator of Forests was authorised to draw the proceeding, and impose penalty upon The respondents. It is contended that the Tribunal erroneously ..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....'s Order dated July 18, 1988. 3. After failing to get that order reviewed departmentally the Law‑Officer instituted the aforementioned case in the Administrative Tribunal, but without any success. The Administrative Appellate Tribunal allowed the appeal and held that from the charge......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......;15967 Genl., in favour of the borrower without evaluating the actual works and thereby he caused loss to the Corporation and that his conduct was violative of office discipline. In a departmental proceeding under Regulation 27(l) (e) of the Corporation's Service Regulations 1985 the Law‑O..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... as required under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence u......gation under section 156(3) of the Cr.P.C. or for issue of a search warrant for the purpose of investigation, he cannot be said to have taken cognizance of the offence. The Magistrate during this stage functions as a Magistrate during investigation. As the trial has yet to commence it cannot b......1 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence upon the Police Report or complaint and a proceeding in court" has thus begun. 2. Facts of the case, briefly, are that the appell..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....n respect of matters coming under the Rules. 6. In rejecting the said contention, it was inter alia, held that "Mr. Ahmed (learned Advocate for the petitioner) has not been able to show any authority for the proposition that in such circumstances an order passed by the delegator instea......ity of the delegatee is cancelled and it is duly published in the official gazette, escaped the notice of the learned Advocate concerned and so it could not be placed for consideration at the leave stage. He, therefore, prays for review of the impugned order upon consideration of the said decisio......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....t the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the detenu organised an armed illegal bahini known as the Special Army a......ns have fallen on the rocks. It will be an exercise in futility if the government goes on making unsustainable orders and the High Court Division in turn goes on striking them down. It will be a wastage of time and resources and will cause an erosion not only in the adjudicatory system but also ......munal tension, prompt action was imperative. 11. The appellant relied on Anwara Begum Vs. Government of Bangladesh 30 DLR 131 for a proposition of law that where "there are two modes of proceedings, namely, by way of criminal prosecution or preventive detention it is for the executive..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
.... Court Division in the case of Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54 and held that in a proceeding under section 24 of the Non‑Agricultural Tenancy Act anyone else other than the transferees need not be impleaded as a party. The appeal was allowed on......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......rned Judge of the High Court Division followed a decision of the High Court Division in the case of Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54 and held that in a proceeding under section 24 of the Non‑Agricultural Tenancy Act anyone else other than the tr..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... of 1991‑have arisen from Writ Petition No. 365 of 1987 which has been disposed of by the impugned Judgment of the High Court Division dated 5 March 1991. 3. Respondent No. 1 is a Company named and styled M/s Dhaka Steel Works Ltd. and respondent Nos. 2‑4 are its Directors. Th......nment, however, indicated that the enterprise might be disinvested or transferred to the respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amendment of Article 10(l), Government also took a tentative decision t......l shares and proprietory and other interests, as have not already vested in the Government by or under any law for the time being in force, shall, by virtue of this Article and without any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortga..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....o election to the office of the President and Members of Parliament. Article 119(2) gives the Election Commission power "to perform such other function as may be prescribed by this Constitution or by any other law". Article 119(2) thus indicates the source of authority, power and jurisdiction of the......ahi Officer or District Election Officer and cancelled the election in some of the Centres and directed repoll there. The question is from where the Election Commission got power to interfere at this stage and direct repoll. 4. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General has appe......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
.... 1989 in favour of the JPL It was alleged that though in the transfer deed the total price was shown as Tk. 33,00,000.00 the transferors Shahinur Islam, Akhatrar Begum and Amjadul Huq did not receive any money from the JPL and they only received Tk. 1,63,000.00 from Abdus Sukur Pradhan. The Addition......ction 4(4) of the Act XL of 1958 to the Court of the Special Judge the latter has got the full panoply of powers of the trial Court like the power to frame charge or to alter or add any charge at any stage before the judgment is pronounced. The learned Counsel for the petitioner was not right in con...... II of 1947 are two distinct provisions for two different purposes. It is not a requirement of law that a prosecution for an offence under section 5(i) (e) of the Act 11 of 1947 must be preceded by a proceeding under section 4 of 1957. There has been no violation of either Article 27 or 31 of the Co..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....thers..............Respondents Judgment January 31st, 1993. Cases Referred to- Project in Charge Vs. Abdur Rahman 31 DLR 124 and General Manager, Jamuna Oil Company Vs. Golam Rahman & another 34 DLR (AD) 166; Beni Madho Prasad Singh Vs. Adit and others AI......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......and is not satisfied by merely reading the transcript of the first trial (R V Syme, Ex p. Page [197] WAR 1953). 19. The word ‘rehearing’ means hearing again. A rehearing is a new proceeding and it implies the hearing by the same tribunal which heard the matter before. Apart fr..Category: Administrative Law | Date: | Hits: 125
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... whether the plaint is liable to be rejected on the ground of its being barred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rej......nt, submits only two points, namely, that when the parties are in contest and the issues have already been settled then only the issues may be tried, maintainability being one of them, but at this stage of the suit the plaint cannot be rejected under Order VII, rule 11 CPC. Secondly, the right ...... Division in Civil Revision No. 407 of 1985). Judgment: Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....ion of valid papers. The PDB submitted a bill on 15.1.86 for an amount of Tk. 25,077.67 showing the date of electric connection from 5.5.1985. Admittedly, the appellant did not pay the said bill or any amount during the entire 1986. The PDB disconnected the electric line on 21.5.86 for non-payme...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... consumption of electricity. The appellant responded by filing a writ petition, No. 1046 of 1989, on 11.9.89 and obtained an order of stay of realisation of the impugned electric bills and further proceedings of the said criminal case. It appears that the stay order was subsequently vacated but ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....the High Court Division as stated above, for quashing the proceeding itself taking the ground that on the facts stated in the complaint no criminal offence was committed and that the liability, if any, was a civil one and that the criminal case was started just to put pressure on him to pay the ...... trust. Mr. Amirul Islam learned Advocate has appeared for the complainant to support the High Court Division's order. He has argued that denial of the transaction itself by the accused at the last stage shows his criminal intention. 4. We have perused the complaint petition and we find t......eal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding against him. 2. The proceeding in question arises from a Complaint Case CR No. 39..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....This submission has no legs to stand. Section 141 CPC provides that the procedure provided in the CPC in regard to suits shall be followed, as far as it can be made applicable, in all proceeding in any court of civil jurisdiction. 7. Mr. Moksum‑ul-Hakim next submits that the High Co......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......ocument. 3. Mr. Moksum‑ul-Hakim, learned Advocate for the pre-emptee-petitioner, submits that the pre- emptee-petitioner's father Afazuddin died during the pendency of the pre-emption proceeding and thereby the pre-emptee-petitioner became a co-sharer in the case holding. It is his ..Category: Property Law | Date: | Hits: 56
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