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AHS Rahman Vs. State, 2006, 35 CLC (AD)
....in the Court of Metropolitan Sessions Judge, Dhaka. 2. An first information report was lodged on 8-1-2002 by one Md. Abdul Hai, Anti-Corruption Officer (Task Force No. 1), Anti-Corruption Bureau, Bangladesh, Dhaka with the Ramna PS alleging, inter alia, that Md Nasim, former Minister for Post an......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceedingâ€......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......usain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment March 13, 2005. The Bangladesh Agr......n 3 of section 1 of the Service Regulations of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was no requirement of Engineering Degree for promotion to the post of Superintendent Engineer but the new requirement of ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....ted in: ......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.............icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....d therein to the respondent. 2. Messrs Amora Holding Inc., the respondent, filed writ petition No. 1515 of 1998 under Article 102 of the Constitution through its local agent Messrs Mariner Bangladesh Ltd. impugning the order dated 16-6-88 passed by the respondent Nos. 1-3 to the writ-pet...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.............................. not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....e is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....ip;…..Petitioner vs Collector of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. The Constitution of Bangladesh, 1972, Article 105 The ground taken for review indicates that the petitioner inte......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......aque J Md. Tafazzul Islam J Girilal Garwala………………………..Petitioner vs Collector of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....esent: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another...........r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ...........al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ......................al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Resp...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....l Appeal No. 4 of 1992) Ahsanullah………………………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operaÂt...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operaÂtive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....udge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February 20,1987, under the caption, "Around the Courts, Damage suit......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....d Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh Railway, Chittagong as the sole Arbitrator on an application before the learned Subordina...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o......¦°ŕ§Ťŕ¦•ŕ§‡ কার্যাদেশ প্রদান করা হউক।" 5. The sum and substance of the above proceedings in so far as the present dispute is concerned is that the Engineering Consultants of the University estimated before the tender was floated that the total ear..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ithout giving any indication of application of the judicial mind to the question as to whether the case is a fit one for appeal to this Division. Beginning with the case of Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indic......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. .........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Nazrul Haque &......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bangladesh Freedom FightÂers Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....4 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom FightÂers Welfare Trust and another.....................Appellants Vs. Md. Momtazul Hossain............................... have no effect. The appeal is dismissed……..(7,11) Cases Referred to- Rayarappan Vs. Madhavi Amma AIR 1950 FC 140; Lekhraj Vs. Deputy Custodian, Bombay AIR 1966 SC 334 (366); M/s. Heckett Engineering Co. Vs. Their Workmen AIR 1977 SC 2257 (2261). Lawyers Involved: Aktar Imam, Adv..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....2 to the effect that the case land belonged to Swapan Kumar and his family, that Swapper’s "Pisi" Sannayashi Dasi used to reside in the case land till her death after liberation of Bangladesh, that Momtaz Ali failed to prove his motive for acquisition of the case land in the bena...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respondents ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....iff that after the delivery of 2,308 metric tons of salt, defendant No. 3 handed over to him 5 barge receipts of 942 metric Otis of salt. The salt was lying in the barges of defendant No. 5, BIWTC, Bangladesh Inland Water Transport Corporation. Without letting the plaintiff knows anything about i......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......eme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdu......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....nst the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical Industries Corporation is an accused along with two others in Motijheel PS Case ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-ÂRecord-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... The appeal is dismissed with costs. Ed. ......r Choudhury 22 CWN 517 that it is not "justifiable to interpret the language of the Code now in force by reading into it a repealed explanation from the repealed Code". 15. In Engineering Supplies vs. Dhandhania Co. AIR 1931 Cal. 659, the defendant's prayer for taking the p..Category: Business or Commercial Law | Date: | Hits: 124
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