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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....he Court and, as such, the proceeding ought to have been quashed. 6. It is now well-settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure the ends of jus...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......d processes against the accused-appellants who surrendered voluntarily and obtained bail from the Court of the Magistrate. 4. Subsequent thereto a Rule was issued for quashing the criminal proceedings pending in the Court of Thana Magistrate, 1st Class, Sonargaon, Narayanganj. The Rule ..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... the trial Court relied upon the proceeding of a criminal case and a letter written by the defendant-appellants to the plaintiff-respondents the judgment of the learned Single Judge does not call for any interference. 9. Mr. Fazlul Karim is wrong to so contend. The moot question in the instant c......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......nterfered with the decision of the lower appellate Court and decreed the suit. He contended that a certified copy of a firisti showing filing of documents, here in this instant case, copy of criminal proceeding under section 107 Cr.P.C. and letters written by the defendants to plaintiff No. 1 to rep..Category: Tenancy Law | Date: | Hits: 62
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....onal evidence. Joining an illegal strike by the respondent has not been proved. All the courts below in a row agreed with contention of the respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) Lawyers Involved: Kazi Golam Mah......€™s service was terminated by the competent authority but the High Court Division, exercising revisional jurisdiction, wrongly held that a revisional Court could not consider any new evidence at this stage. 5. The revisional Court may in appropriate, cases consider additional evidence, but in th......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....ted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8) Lawyers Involved: Amir-ul-Islam, Senior...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......ending that since the order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the East Bengal (Emergency) Requisition of Property Act, 1948, ..Category: Property Law | Date: | Hits: 69
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....hen the High Court Division held that this was a very remote cause or motive “to be attributed as a cause for such a serious violence which resulted (in) the loss of five lives and injury to many”. According to the understanding of the High Court Division the “ancient dispute&rd...... 5 Razzak taking the gun from the hand of Bank (now deceased) and accused-respondent No. 3 Tenu Miah by his own gun fired at (now deceased) Suruj who also fell down being injured and died. At this stage (now deceased) Ahad, brother of PW 1 Abdul Mannan, brought his gun from his house and made tw......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....2 read with section 151 of the Civil Procedure Code in favour of the plaintiff-respondent restraining the appellant from taking over the management and administration of the plaintiff- respondent company and selling it under Article 34 of the BSRS Order, 1972 read with BSRS (Direct Sale of Mortgaged......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......matter dismissed the appeal and directed the trial Court to dispose of the suit within 3 months. 6. Leave was granted to consider the submission of the learned Advocate for the appellant that the proceeding under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative..Category: Business or Commercial Law | Date: | Hits: 124
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....€¦â€¦â€¦â€¦.. Respondents Judgment February 2, 1999. Result: The petition is dismissed. The Admiralty Rules, 1912, Rules 23 and 31 Above rules are enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhan......miralty Court has taken note of the fact that the Master and Chief Officer stated that they did not issue any certificate about the damaged and lost cargo. The Admiralty Court also found that at this stage it is not possible to determine what could be the actual damage. 7. While the plaintiff-pet......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....ent functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s case or anybody’s case may not succeed for a variety of reasons but in awarding cost, particularly, i......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the..Category: Property Law | Date: | Hits: 64
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... The Courts of Admiralty Act, 1861 The Inland Shipping Ordinance, 1976, Section 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......employees of the plaintiff’s vessel) who appeared before the Magistrate, 1st Class, Maritime Court, Dhaka. It is really unfortunate that deposition of those persons who deposed in a criminal proceeding before the Marine court was relied upon by the Admiralty Judge. Under section 33 of the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ontempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Court Division. Nobody has a say in the matter nor it is done at anybody’s behest…….(11) ii) The Chief Justice has felt extremely uneasy over the remarks ma......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......integrity and wisdom of the learned Judges of the Supreme Court and of the Chief Justice of Bangladesh in the estimation of the public at large. The petitioner prayed for drawing up of an appropriate proceeding for contempt of Court against the Prime Minister. 3. The application was listed for h..Category: Others | Date: | Hits: 99
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ndents Judgment November 12, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 and Order VI, rule 7 i) The High Court Division as a revisional court had hardly any jurisdiction to set aside the findings of fact by the appellate Court and that also without di......f the plaintiff. The plaintiff has been in possession of the land on payment of rent to the landlord upto 1361 BS by cultivating the land. During the revisional settlement operation at the initial stage the name of the plaintiff was recorded in respect of the land but subsequently the defendants......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....amount from the date of the decree till realisation of the same. 2. Mr. Md. Nowab Ali, learned Advocate-on Record appearing for the petitioner, submits that the petitioner can hardly raise any objection now against the award in view of the findings made by the learned Subordinate Judge a......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......d by the High Court Division, Dhaka in FMA No. 196 of 1994). Judgment ATM Afzal CJ.- This petition by the second party-lessee arises out of an arbitration proceeding and is directed against judgment and order dated 22nd May, 1996 passed by a Division Ben..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Judgment ATM Afzal CJ.- The petitioner Company, an admitted loanee of the respondent Bangladesh Shilpa Rin Sangstha, filed Writ Petition No. 6......d case is still pending and the petitioner instituted Title Suit No.5 of 1994 in the First Court of Subordinate Judge, Moulvi Bazar claiming a damage of Taka 1 crore against the respondent. At that stage, the respondent attempted to sell the petitioner’s Mill under article 34 of the BSRS O......; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to have recourse to ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....ition No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ision that since the order of requisition in LA Case No. 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the Act and to pay compensation to the writ petitioners after c..Category: Property Law | Date: | Hits: 50
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....edure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any surveyor to estimate what was the state of the machineries, tools, equipment and vehicle etc f......cles, and etc. five years before the Inspection. In the meantime a total period of nine years have already elapsed since the suit was filed. It will be an idle exercise to allow inspection at this stage. 8. Hence in the facts of the present case we do not think that the matter warrants ......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....writ petition was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... the writ petition was seriously challenged and the High Court Division having itself arrived at the conclusion that the determination of genuineness of those annexure is not permissible in a writ proceeding erred in not holding that the writ petition was not maintainable, as the writ petitioner..Category: Property Law | Date: | Hits: 48
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....decision and giving approval to the order of said dismissal and obtained a Rule Nisi. 2. Respondent No. 3, the present petitioner entered appearance and contested the writ petition without filing any affidavit-in-opposition and it was submitted on its behalf that the impugned order of dismissal ......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......e Department of Political Science at Kapilmuni College Khulna, the Governing Body of the College, petitioner herein, dismissed him from service with effect from 7-10-81 in pursuance of a departmental proceeding against him under the Recognised Non-Government Intermediate College Teachers (Board of I..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....intiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. Th...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......lieved the certified copy of MR Khatian No. 421, Ext. B recorded in the name of Pasiran Bibi in respect of the suit land. Ext. C, the certified copy of the order of the Revenue Circle Officer in a proceeding under section 19(1) of the State Acquisition Act, 1950 shows that the MR Khatian was pre..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....nfortunately, he did not get proper advice at that time. 11. Mr. Ahmed submitted that although the impugned judgment was also not very happy and satisfactory but even then he would not make any submission against the order of conviction because he is himself satisfied about the contemptuo...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... It was, of course, part of his official duty to report to higher authority for guidance about the difficulties and problems he might have been facing in running the local administration because of proceedings in Court but that would never justify using indecorous language and making comments ag..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....ons, submits that the orders of maintaining status quo although passed earlier by the civil Courts did not ipso facto debar the Magistrate from taking steps under section 145 Cr.P.C. for preventing any imminent breach of peace in respect of the proceeding land, inasmuch, as such orders of the ci...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same parties so the magistrate acted without jurisdiction ..Category: Criminal Law | Date: | Hits: 68
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