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Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....mong others, incurring of expenditures on the employment of staff, their pay and allowances and TA and contingency. The appellant asserted during examination under section 342 Cr.P.C. that he had the power under the circular to incur expenditure of money up to 5% or even 7% out of total allocation f...... This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....onsider that even if the proceedings of the said Suit could not be stayed under the provisions of section 10 of the Code of Civil Procedure the same could be stayed in the exercise of his inherent power under section 151 of the Code of Civil Procedure. While developing the said point he has also.......Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secr......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....lar circumstances wherein also the contractor protested against the refusal of the Executive Engineer to pay in respect of item Nos. 2 and 3. In this letter the Project Director in exercise of his powers under clause 25 of the terms and conditions of the contract, ordered that the contractor in ......llant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta J......to make payment accordingly to the plaintiff. Thereafter the plaintiff approached the Executive Engineer for payment. The Executive Engineer, however, made a fresh reference to the Project Director calling for clarification of his order. On receipt of this letter, the Project Director asked the ......Cox's Bazar from Chittagong, but did not ultimately make the payment of the amount. The plaintiff pointed out that he incurred an expenditure of Rs. 900 on account of his travelling allowances for meeting the Executive Engineer in his office for requesting payment in this regard. He further poin..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....at Narail, for setting aside the said compromise decree in the said Rent Suit No. 602 of 1962 of that Court, alleging, inter alia, that she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there was...... Khan J Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 P......ppears to be that the Court has inherent jurisdiction to interfere in exercise of the powers vested in it under section 151. At any rate, no authority could be cited before me laying down categorically that in such cases the court has no inherent jurisdiction to interfere." I ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....g in the bus with the appellant accused without raising any protest. The defence has produced a kabinnama, Ext. A to show that Sharifunnessa had divorced her husband Abul Hossain in exercise of the power of talak-e-tawfiz given to her by the husband as embodied in the Kabinnama, Ext. A. The lear......p; Vs State………………………..Respondent Judgment August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 ......s substantive evidence and that the trial Court may accept the same or any part of it in preference to the evidence, or any portion thereof, given in the trial Court, nevertheless, the court is called upon to exercise care and caution in accepting such evidence when there is a serious clash ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....nnot be convicted of an offence for which he is not charged. But there are 2 exceptions to this rule which are provided for in sections 237 and 238 of the Code of Criminal Procedure. Section 238 empowers the Court to convict a person of a minor offence if the case falls within the conditions lai...... of the case. Ed. ......ued that the conviction of the accused appellants for abetment of the substantive offence without any formal charge under sections 302/109 PPC against them is erroneous in law inasmuch as they were called upon to answer the charge for substantive offence of murder under sections 302/34 PPC. The ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....Mr. Mujibur Rahman, APP did not get the necessary papers in time. Besides, the question of preparation of a case is not solely dependent on time. It depends upon one's own mental alertness and the power of perception and conception. Above all, it depends upon how one applies one's self to a case...... Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in ......d about it from the eye-witnesses and saw the dead body of deceased Maleka Khatun. We propose to go into a little detail in discussing the evidence of these witnesses. In this connection, we may recall once again the topography of the place of occurrence as given by the eyewitnesses as well as b......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... which the jurisdiction of the court itself depends, the court has either usurped a jurisdiction it does not possess or refused to exercise a jurisdiction vested in it, the High Court has every power under Article 98 to review such a decision". 14. In that case the Guardian ju......epresented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiw......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....No 127 of 1972) which did not contain any such provision. 4. By a notification in the official gazette on 28-5-95 the Bangladesh Bank in consultation with the Government in exercise of its power under section 48 of the Arthik Protisthan Ain, 1993 declared generally and without specifying...... Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classif......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....e in the Board of Director of Petitioner No. 1 by letter dated 13-3-96 (Annexure-F), it cannot be unilateral action withdraw the exemption of section 25(3) and thereby unseat them as directors. The power of granting exemption does not carry with it the power of withdrawal. 10. Dr. Rafiqur...... 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board o......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....;………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evi...... The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Divisi......idence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of the disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon......cquisition of land in that area and the writ- petitioners always represented to the Government that they were bonafide purchasers of land outside the acquired land. On 15-11-84 an inter-ministerial meeting was held with regard to the LA proceeding as above and it was decided, inter alia, that; ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
............................................. (5) Where the Sangstha takes over the management and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in...... The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not enterta......nt and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall: (a) entertain any suit, applicatio...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... 2. The pillar of the writ petitioner respondent’s writ petition was founded upon Article 116 of the Constitution which runs as follows: “116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judici......d others………………..Respondents Judgment June 16, 1999. The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicate......stafa Kamal CJ.- Writ Petitioner Md. Idrisur Rahman, an Advocate of the Supreme Court of Bangladesh, filed Writ Petition No. 1381 Of 1994 in the High Court Division in which a Rule Nisi was issued calling upon the respondents to show cause under what authority respondent No.1 of the writ petitio...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....e process of the 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 t......s Judgment December 6, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition o...... in seisin of the, entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of the case. (3) The story of re-marriage of accused- app...... 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. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....sents the deity and he alone is competent to institute a suit in the name of the deity. In exceptional circumstances, however, where the shebait does not, or by his own act deprives himself of the power of representing the deity, a third party is competent to institute a suit in the name of the ......rs …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any int......person has undoubtedly the right to institute a suit for the protection of its interest. So long as there is a shebait in office, functioning properly, the rights of the deity as stated above practically lie dormant and it is the shebait alone who can file suits in the interest of the deity When......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....9. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for whi...... The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a N......tion now runs as follows “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number, of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provid......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....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. ......, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: ......and since 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 ......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. ..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... and 29 of the Constitution for getting appointment as others of the list……………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (B Hossain, Deputy Attorney-General and Bazlur Rahman (Chhana) Assistant Attorney-Ge......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......ain secretariat or in the attached or subordinate offices or in autonomous organisations and local bodies, followed by various implementational memos dated 15-7 1972, decision of the Cabinet in its meeting held on 19-7-1972. Establishment Manual 1980, and various other memos dated 22-5- 1975, 7-..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....ip;…………... Respondent Judgment June 6, 1999. The Constitution of Bangladesh, 1972 Article 134 (i) As malafide vitiates every exercise of power, a malafide exercise of pleasure by the President under Article 134 of the Constitution can b......p;…(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney General, (Bazlur Rahman Chhana, Assistant Attorney General with him), instructed by Md. Nawa......pose of the Government. If after gathering facts the President has a choice of action to be taken in respect of those on whom responsibilities have been fixed then the selection of choice cannot be called malafide as long as the reports remain confidential documents. By the impugned order dated 4......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....istration Manual, 1983. Under Section 69 of the Registration Act, 1908 the Inspector General shall exercise a general superintendence over all the Registration offices in Bangladesh and shall have power from time to time to make Rules consistent with the Act. The Inspector General issued departm......llip;……………….Appellant Vs. Mohammad Faruque ……………..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......under the jurisdiction of Gulshan Police Station was transferred by the said impugned order to the Sadar Sub-Registrar’s office as Assistant Record Keeper. His allegation is that in a Cabinet meeting dated 22-5-83 the Government of Bangladesh formulated a policy to the effect that the 3rd ..Category: Employment/Service Law | Date: | Hits: 68
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