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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....p; 6. In the meantime, more than 7 years have gone by (since the order of detention) and the context of the case has undergone a considerable change. The detenu is no longer in detention by any order under the Special Powers Act. He has, however, suffered conviction and sentence in severa...... Judge then observed that only ground No. 1 was the basis for the detaining authority to be satisfied on the necessity of detention of the detenu. We shall come to this ground later on but at this stage, the view of the other learned Judge, Anwarul Hoque Chowdhury, J on ground No. 2 may be notic......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....he Limitation Act are not applicable to an application under the Administrative Tribunals Act. 7. Section 29(2) of the Limitation Act provides as under: “Where any special law prescribes for any suit, appeal or application a period of limitation different fro......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......he Limitation Act, 1908 (Act No. IX of 1908) Sections 4-25, 14, 29(2) The view of the Administrative Appellate tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit inst..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....im for release of unutilized land is not a vested right nor failure of the requiring body to utilize the acquired land within 3 years from the date of acquisition as per government decision creates any legal or constitutional right in favour of a person claiming release of such land…&hell...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......hall be deemed to be acquisitioned for public purpose within the meaning of The Acquisition and Requisition of Immovable Property Ordinance, 1982 and provisions of the Ordinance shall apply to all proceedings relating to acquisition of property for such purpose. In spite of repeal of section 93A..Category: Property Law | Date: | Hits: 94
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....he writ petitioner having released the imported goods on payment of assessed duty and having neither preferred an appeal against the order of assessment under section 193 of the Act nor filed any application for refund of the alleged extra duty under section 33 of the Act nor gave any expla......oms Officer below the rank of the Commissioner of Customs. Section 194 of the though provides for deposit of the assessed duty or penalty imposed at the time of filing of the appeal or at any later stage if permitted by the appellate authority also provides for deposit of fifty percent of such a......nment of Bangladesh and others 44 DLR (AD) 111 ]. 27. But when a writ petition is filed under sub-article (2) of Article 102 of the Constitution for a direction or for declaring any act or proceeding to be without lawful authority and of no legal effect then the question of exhaustion o..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....bsp; June 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the p...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......s case against the order of compulsory retirement from service. 3. The Government-respondent contested the case by filing written statement stating that for specific allegations department proceeding was started against the petitioner, an enquiry was held, charges were established and th..Category: Administrative Law | Date: | Hits: 125
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......case for not on that date the Division Bench presided by Mr. KM Hasan’s passed the following order: “If the Rule is discharged on the prayer of the writ petitioner at this stage it will help the petitioner to avoid the Court’s order to assist Rahman, Rahman and ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... buyer shall transfer the property to the seller, the transaction is a mortgage by conditional sale. The law permits for such a document. It is very surprising that the learned Single Judge without any reference to any evidence whatsoever set aside the concurrent findings of fact of both the cou......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......e fail to understand how the learned Single Judge could hold like this in an independent civil suit for redemption of mortgage and opine that the suit is not maintainable. These are two independent proceedings. The reference of President’s Order 88 of 1972 is wholly irrelevant for the purpo..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
.... The General Clauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......s 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure cannot be of any consequence in respect of the proceeding against the appellant. Section 6 of the General Clauses Act contemplates repeal of an Ac..Category: Employment/Service Law | Date: | Hits: 69
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....construed to be a valid deposit for entertainment of a Memorandum of appeal. 7. The contentions raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......, 1990 and that as the High Court Division had extended time for depositing 50% decretal money the learned Judges of the High Court Division were wrong to hold that deposit was not made at initial stage and in dismissing the Memorandum of Appeal although 50% of the decretal amount to the tune of......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable. Lawyers Involved: Abdul W......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......t Servant (Discipline and Appeal) Rules 1976 were in force. These Rules did not provide that a delinquent employee could be dismissed from service without any show cause notice or any disciplinary proceeding if they are convicted of any criminal offence or an offence under the prevailing Martial..Category: Employment/Service Law | Date: | Hits: 70
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....independence of the judiciary, as affirmed and declared by Articles 94(4) and 116A, is one of the basic pillars of the Constitution and cannot be demolished, whittled down, curtailed or diminished in any manner whatsoever, except under the existing provisions of the Constitution…….(57) Lawye......ich is the dogged and headstrong denial of the proper and rightful institutional status of the members of the judicial service and of magistrates exercising judicial functions at the implementational stage. 44. The status given to them under our Constitution is not very different from that given......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....ph 157 it has been observed by this Division that while the judgment of the author- Judge was sub-judice under appeal and the appeal was being heard in this Division he ought not to have published any opinion on a sub-judice matter before this Division. In that judgment we expressed in clear ter......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......1997). Judgment Latifur Rahman CJ.- Shamsuddin Ahmed, an Advocate of this Court has filed Civil Contempt Petition No. 1 of 1999 for drawing up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil Appeal No..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... Judgment February 29, 2000. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 5(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......ion (1) of section 6 of the Artha Rin Adalat Ain, 1990, hereinafter referred to as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any ..Category: Business or Commercial Law | Date: | Hits: 104
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....1 under seed 491 of the Code of Criminal Procedure, setting liberty the victim girl Lata Rani Saha alias Jannatul Ferdous from safe custody in the District Jail Narayangonj saying “she may go anywhere likes.” 2. Facts of the case, briefly, are that the appellant Jharna R......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......aying that this Court being the highest court has the best opportunity to decide the matter of custody since all the facts are before the Court and the matter need not be made a subject of further proceeding. He submits that primary evidence being there that the girl is minor and that she is the..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
.... holding, inter alia, that the proceeding in question having been stopped under section 339C(4) Code of Criminal Procedure and not under the Act the learned Divisional Special Judge did not commit any illegality in reviving the proceeding against the accused under section 339D Code of Criminal P......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......ed Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Court Division was justified in refusing to quash the proceedings taken against the accused petitioner under section 409 of the Penal Code read with sect..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....taken from the Court of Wards the successive transfer of the suit property ultimately to the writ petitioner was illegal. 6. The High Court Division found that the writ-petitioner annexed many papers and documents of title and possession to show that since 1939 and again from 1963 diffe......rnment. In 1987 the writ-petitioner-respondent purchased 47.75 acres of land from the various S.A recorded owners and had established a Housing Estate known as Bashundhara which is in a development stage. 3. The present petitioner and other respondent in the writ petition instituted a su.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....e rights of the co-sharers in the land. Hence, the application for the pre-emptor respondents on the basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer shi..Category: Property Law | Date: | Hits: 57
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....he agreement dated 30-8-91 entered into between the petitioner and the respondent for sale of the disputed property the High Court Division fell into error to find that the petitioner did not pay any rent for 18 years for the premises. He also argued that as the petitioner has no other source o...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......pplication in the aforesaid First Appeal No. 241 of 1998 for stay of the Execution Case but it was rejected for non- prosecution. Thereafter, the petitioner filed an application for stay of further proceeding of the said Execution Case in the court of District Judge who stayed the proceeding and ..Category: Property Law | Date: | Hits: 87
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....re allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely arbitrary discretion in determining tariff value. It must f...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......tion of the Tariff Commission established under the Bangladesh Tariff Commission Act, 1992 (Act No. XLIII of 1992). The presence of as Tariff Commission in the high-powered committee has vitiated the proceeding of the committee. Dr. Kamal Hossain relies upon the decision in the Phassco Hardware Comp..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
.... 1982), briefly, the Ordinance since 24-12-84. The respondent has deposited with the Government a security amounting to Taka 5 lakh. The respondent recruited 223 workers for Al-Nuri Establishment Company of Saudi Arabia in respect of whom the Government in the Ministry of Labour and Manpower, appell...... and forfeiture of security, etc. if the licensee has been guilty of misconduct or other acts enumerated therein. 7. Khondker Mahbubuddin Ahmed, Advocate for the respondent, submitted at the leave stage that the respondent’s case on merit which had not been considered by the High Court Division......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
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