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State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....under the ordinary law therefore has got no leg to stand upon. This particular aspect of the question was also taken into consideration in the Pakistan case where it was observed that the trial under any one of the three sections of the Act would have been lawful had a particular forum been given ex...... এই ব্যাগে তাহার স্বাক্ষর দেয়। He stated in chief that the respondent put his signature in the seizure list (Ext. 1/3). It has not been denied at any stage. We have ourselves examined the seizure list (Ext.1) and the written statement (Ext.2) which b......rt. He further submitted that upon a wrong view of the law and the facts of the present case it was erroneously held that the joinder of the scheduled and non‑scheduled offences vitiated the entire proceeding. 18. Mr. Serajul Huq, learned advocate for respondent, however, supported the findings..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
.... Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the land transferred to strangers by kabala dated 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ted 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi was not made a par..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....tice under section 26C, apply co the Court for the said portion or share to be transferred to himself or themselves. (4) (a) When an application has been made under sub-section (1) any of the remaining co sharer tenants, including the transferee, if one of them, may within ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......District Judge, agreeing with the trial Court that section 96 of the State Acquisition Act was applicable in this case, held that no sharer tenants were necessary parties who were added in the proceeding beyond the period of four months prescribed under section 96 of the State Acquisition A..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ereafter to say: "There is no indication in the certificate of what the nature of the question is that it is thought was involved in the hearing of this appeal, nor is there anything to show that the discretion conferred by s. 109(c) was invoked or was exercised. Their ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ition which regulates it. Namely, that the case must involve a substantial question of law as to the interpretation of the constitution, the Supreme Court would strike it down in termination of the proceeding which had been allowed to commence without any foundation and on a wrong lead". ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....riminal Appeal No. 12 of 1973 are the employees of Mridha and Co., and the respondent No. 6 is an employee of the Janata Bank and he was posted at the godown in possession of the said Company. On 15-11-72 a fire broke out in the godowns in consequence of which several maunds of jute wer...... inferior Court was unwarranted. According to the learned Attorney-General the Sub-divisional Magistrate, who is required to pass orders detention under article 13 of P O. 50 ring the investigation stage, performs merely an administrative duty and does not function as a Court and hence his order...... five others. The residents of Criminal Appeal No. 12 of 1973, they were not ordered to be released on bail. The learned Judges made the two rules absolute on 31-5-73, quashed the proceedings in Daulatpur P.S. Case No.27 and also in the connected G.R. case so far as..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....rs "shall be appointed by the President on the advice of the Prime Minister”. By clause (8) it was provided that in the event of a vacancy occurring in the office of President at any time prior to the framing of the Constitution by the Constituent Assembly, the Cabinet &......cca on the llth day of January, 1972 by Banga Bandhu Sheikh Mujibur Rahman who had been designated President by the Proclamation. 4. We will presently set out the Proclamation. At this stage we propose to refer to certain clauses of the Provisional Constitution of Bangladesh Ord......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....Pakistan. There are two defendants in the suit. Both the defendants are limited liability companies. The second defendant is the shipping agent at Chittagong of the first defendant, a shipping company which filed the application under section 34 of the Arbitration Act. 3. The suit is......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......der section 34 pending a reference to arbitration, the second defendant filed a separate petition praying that pending the decision on the first defendant's petition under section 34 further proceedings in the suit against it be stayed on the ground that it was a mere agent of the first d..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....Jeddah. After a few days the respondent was sent back to Karachi along with other passengers. He had to remain in Pakistan against his will for some months as the Government of Pakistan did not allow any Bangladeshi citizen to leave Pakistan. For making contact with his family he tried to go to Lond......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......dulged in anti‑Bangladesh propaganda and appealed to some Muslim countries not to recognise Bangladesh. The truth or otherwise of the authors' views or statements cannot be verified in this summary proceeding. Advisedly the learned Attorney ‑General did not place those books before this Court. I..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....fied copy of the same exhibit 1, filed the present case on 12.2.75. The pre-emptor led evidence with regard to his date of knowledge of the registration of the kabala. The pre-emptee did not adduce any evidence to show that the pre‑emptor was aware of the registration of the kabala prior to......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......the pre-emptee is that, the case is barred by limitation as the same was not filed within 4 months from the date of knowledge. 4. Leave was granted to consider whether the pre‑emption proceeding was barred by limitation by 22 months from the date of knowledge of the registration of ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....vidence is vitally important, necessary and essential for arriving at a just and proper decision in this case". As for disclosure of the defence case, the process begins with the cross examination of any witness to the alleged murder and, therefore, the apprehension is not well‑founded. The defenc......at the examination of an additional witness will work prejudice to the defence as the accused petitioner has already exposed his defence by cross‑examining the PWs and by examining two DWs. At this stage, he submits, the prosecution has obtained an undue advantage of filling up the lacuna in the p......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....e accused did not pay the balance within three days. Thereafter, on several dates the complainant, along with witnesses, went to the house of the accused and demanded the balance money, but without any success. On October 14, 1992, when the complainant again went to the house of accused along wit...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... 1992, the Thana Magistrate framed charge against the appellant under sections 406/420 of the Penal Code. By the impugned order dated January 10, 1993, the High Court Division refused to quash the proceeding in Criminal Revision No. 99 of 1993. 3. The appellant's contention is, that on th..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....f within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. An application by a defendant under Order IX rule 13 CPC will not ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ...... of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....was granted to consider the appellant's submission that the ingredients of the offence alleged have not been proved in this case as the demand was not alleged to have been made either on the basis of any agreement, or as a consideration for, the marriage. It was contended that this case involves a q...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......een partly paid and the demand was made for the non‑paid portion subsequent to the marriage it was held by Calcutta High Court that section 4 will prima facie be attracted (in a case for quashing a proceeding). (Lajpat Rai Sehgal Vs. State 1983 Criminal Law Journal, 883). 12. Difficulty arises ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....) of the Act for final acquisition of the land. 4. As it has been stated herein before, the decree that is, the award in this case, was made on 28 May 198' and this decree is appealable. If any appeal challenging this decree was to be filed, it should have been filed within 60 days; but i......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......Taka 37.71 lakh and some odd in addition to the amount already paid. Respondents-land owners filed Execution Case No. 24 of 1986 for realisation of the amount of compensation and in that execution proceedings the appellant appeared and prayed for time to pay the decretal amount. But on 5 May 198..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... section 141 of the Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction", apply in terms to proceedings in writ in the original consti......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......he provisions of section 141 of the Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction", apply in terms to proceedings in writ in the..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....he purpose of transfer of the said Mill in favour of the petitioner". Accordingly, respondent No. 3 issued the Public Notice dated 10.8.77, but in spite of it the respondent No. 3 did not take any steps for execution of the necessary documents in respect of the transfer of the Mills in favo......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......a relief not sought by the petitioner could be granted by the court and whether a writ for mandamus would lie for enforcement and in the event of non‑compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney‑General has relied on the followi..Category: Constitutional Law | Date: | Hits: 157
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ubstituted and whether the mis‑description of one of the heirs, namely, that Kironbala being substituted as daughter of Nanibala as Usha Rani and whether such mis‑description has caused any prejudice. 5. Facts briefly are as follows: The disputed property was sold in auct...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......uit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in question and all the processes were properly served. 3. The trial Court d..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....on and misappropriation, made against him, were false; that the enquiry committee did not hold that enquiry properly; that the Committee only asked him to answer four questions and it did not examine any witness or any paper in his presence. It was further urged that Mr. Harun-ur-Rashid Talukdar, th......by the Board of intermediate and Secondary Education. At the trial the plaintiff did not challenge the order of dismissal or its approval by the Board in the manner it was assailed at the appellate stage. There is no merit in the plaintiffs cause. The appeal is allowed. The judgment and decree of ......paper in his presence. It was further urged that Mr. Harun-ur-Rashid Talukdar, the teacher representative in the enquiry committee, was absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to def..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....tal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (MLR No. 1/82) conferring immunity from challenge to such an order on any ground under paragraph 19(2) of the Fourth Schedule of the Constitution. ......gned order dated 22nd May, 1986. 3. Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the impugned ord......d to. 12. The learned Additional Attorney General, appearing for the respondents, has submitted that the provision for review under Regulation 3 of MLR No. 1 of 1982 is part of the original proceeding and the powers conferred upon the reviewing authority under Regulation 3(4) are quite co..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him unde......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......ow disposed of by this judgment. 2. In CA No. 24 of 1992 the appellant, as Assistant Judge in the Bangladesh Civil Service (Judicial), was found guilty for antedating the date of the hearing of a proceeding in his court. After a second show cause notice he was dismissed from service by an order ..Category: Administrative Law | Date: | Hits: 129
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