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Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....ies but administrative duties also. This dual function of a Magistrate was taken note of in the case of Abdullah Haroon and Co. vs. Cal-Cutta Corporation, reported in AIR 1950, Cal 36,where it was rightly stated that "a Magistrate has to discharge duties which are at times judicial and at o...... Mainul Hosein, Advocate, Jainul Abedin, Advocate, K.S. Nabi, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 3......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......ays down that the provisions of the Code in so far as they are not inconsistent with the provisions of this Order, shall apply to all matters connected with, arising from or consequent upon a trial by a Special Tribunal or a Special Magistrate, Article 10 provides that notwithstanding ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......n Ahmed, Senior Advocate with Syed Mohammad Ali, Advocate (Instructed by A.W. Mian, Advocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of th......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......bsp; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators (Special Tribunals) Order..Category: Criminal Law | Date: | Hits: 63
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....se (3) simply prescribes the period of limitation for such appeals and clause (4) says that appeals may lie on matters of fact as well as of law. Clause (5) conferred on the Government a right to move the High Court Division for revision of sentences passed by Special Tribunals and Spe......uittal by a Special Tribunal appointed under article 5 of the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President's Order No. 8 of 1972). 2.The respondents were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Ba......eme Court Appellate Division (Criminal) Present: A. M sayem CJ B. Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. ......ent in one of these two appeals filed three nomination papers, each having been proposed and seconded by a set of two out of the six respondents in the other appeal. At the conclusion of the trial all the seven respondents who were in custody were acquitted by the Special Tribunal which wa..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....Kafi. In these circumstances, the conviction of Paltu for his participation in the crime is found to have been based on evidence of doubtful nature. The High Court Division is, thus, found to have rightly held Paltu not guilty. This finding is not at all perverse calling for interference. ...... acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence of the other two. 2. Facts of the case are simple. In a sudden incident informant (PW 1) Enamul Hoque's younger brother Ekramul Hoque alias Kafi was killed. Ekramul Huq alia......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ....... The Investigation Officer, after examining witnesses and considering the report of autopsy held on the dead body of Kafi, sent up seven persons including these three accused‑respondents for trial on charges of murder, theft and rioting. The trial was held by the Additional Sessions Judge,..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ated April 18, 1973, should not be deported from Bangladesh for becoming the Ameer of Jamaat-e-Islami of Bangladesh, violating Article 38 of the Constitution. In his reply the respondent asserted his right as a citizen of Bangladesh and requested for a personal hearing. He was, however, arrested and......erved on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad since before the liberation of Bangladesh and by their conduct cannot be deemed to be citizens of Bangladesh......contentions that Notification No. 403‑Imn/III dated Dhaka April 18, 1973, so far as it related to him and the show cause Notice No. HH: MA(Bhai-l)/134 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of the notification r......ould be resolved on humanitarian considerations through simultaneous repatriation of all such persons except those Pakistani prisoners of war who might be required by the Government of Bangladesh for trial on certain charges". As per the Delhi Agreement dated 28 August 1973 between India and Pakista..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......Involved: Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. Not represented -For the Respondents. Civil Petition for Leave to Appeal No. 200 of 1992. Judgment: &n......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......eriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" to the petitioner, leave may be granted for considering the glare impropriety of the Shahabuddin Ahmed CJ trial Court's order striking off the names of the defendants guarantors. The High Court Division fo..Category: Banking Law | Date: | Hits: 106
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....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 ......ue Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 75 of 1993. (From the judgment and order dated 27.7.93 passed by the High......ed 19.6.93. By a judgment and order dated 27.7.93, a Division Bench of the High Court Division discharged the Rule and upheld the impugned order of the trial Court directing the trial Court to afford fair opportunity to the accused‑petitioner to cross examine the said witness and to lead rebutta......3 and proved the judicially recorded statement of the alleged eye‑witness Golam Kibria @ Tipu and the same has been marked as Ext. 3. He was not available in the country and could not depose in the trial and processes to secure his attendance could not be served on him as he was out of the country..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....tiff with dispossession. Hence the suit. 3. Defendants Nos. 1 to 5 contested the suit by filing two separate written statements. Their common case, briefly, is that the plaintiff has got no right, interest or possession in the suit land. He is not a co‑sharer of the suit land which ......For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Nos. 1 to 8. No one for the Respondent Nos. 9(a) and 9(b). Maksudur Rahman, Senior Advocate, instructed by B Hoss......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......pe to make any further enquiry in this appeal. 7. It is true that one of the reasons for cancellation of the plaintiffs settlement was that of his being a Government Servant but neither the trial Court which dismissed the suit nor the High Court Division which affirmed it, upheld the orde..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......: Moksudur Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 151 of 199 1. Judgment: &......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ...... threatened the plaintiffs with dispossession, they filed the suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc. The suit was decreed by the trial Court namely, the Assistant Judge, Manikganj, and his decision was upheld by the District Ju..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ii) establishment of the special Court and its administration (section 4 and section 5(2) and (3)); (iii) the procedural provisions (section 5(4), (5), (5Ka), (6) and section 6); and (iv) substantive rights (right of appeal under section 7)……………………(13) The jurisdictional provision...... the Code of Civil Procedure, 1908 In express terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing 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.......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. ......provided that no appeal shall lie against an interlocutory order of an Artha Rin Adalat. If a defendant wishes to file an appeal against a decree of the Artha Rin Adalat then he has to deposit to the trial Court at least half of the decretal amount (now 25%) before filing the appeal and unless the s..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... 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 ......Class, Thana Gournadi, District Barisal in CR Case No. 9 of 1990 convicting the accused-appellant under section 4 of the Dowry Prohibition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begum, the c...... 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 ...... the complainant protested they beat her with fists and drove her away from the conjugal house keeping all her ornaments with them. The complaint was registered as CR Case No. 9 of 1990. 3. During trial a charge under section 4 of the Dowry Prohibition Act, 1980 was framed against the accused‑a..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....ection or amendment of the decree under section 152 cannot be the starting point of limitation for the purpose of filing an appeal against the decree, and that we find that the High Court Division rightly decided the question holding that the appeal is badly barred by limitation of about four ye......sp; Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is whether the limitation for filing an appeal against a decree will run from the date of the decree or from the date on whic......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 ......dental omission. 11. The learned Additional Attorney‑General has referred to the case of Ramji Lal and ors. Vs.Giani and another, AIR 1921 Lah 250, in which it has been found that the trial Court, though it purportedly acted under section 152, it in fact, acted under Order 47; he ha..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... the facts and circumstances of the case. 6. Mr. Syed Ishtiaq Ahmed, learned Advocate for respondent No. 1 submit, on the other hand, that the proceeding taken for the enforcement of a civil right is a civil proceeding and whether the proceeding is instituted in a civil Court or in the wri......nt Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared at the time of hearing of the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit ......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 ...... constitutional right has been infringed. It is meant to be a summary and swift mode of disposal of disputes and it is not designed to be a procedurally intricate and remedially elaborate method of trial of suits of original civil jurisdiction. in fact, its procedural simplicity and swiftness mar..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....that the plaintiffs have succeeded in proving tile relationship of landlord and tenant. He, however, proceeded to examine the basis of paramount title of the plaintiffs, which the learned Judge has rightly reversed. There is enough materials on record to hold that die relationship of landlord and......hree sons. In the recent Settlement operation the suit plot was recorded in the names of Shakti brothers. Shakti Benode and his two brothers while in possession entered into a contract on 11.12.55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was exe......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......the deposit of rent with Rent-Controller. Several issues were framed and the important one being the relationship of landlord and tenant between the plaintiffs and principal defendants 1 and 2. The trial Court on the question of jurisdiction and the value of the suit found that, the defence case ..Category: Civil Law | Date: | Hits: 134
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....stituted although there is no such proof. 4. Leave was granted to consider whether the heirs of Nanibala were substituted in the execution case and whether the High Court Division was right in holding that the heirs of Nanibala were duly substituted and whether the mis‑descrip...... Division in FA No. 68 of 1962. 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in questio......se a prudent man was bound to take to safeguard his interest or that of a person who was dependent upon him. Where the prudent man abandons his prudence without any excuse in the conduct of any affair affecting the interest of his wards he must be held to be guilty of negligence. Where neglige......ubsisting 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 dismissed the suit and appeal that was filed was also dismissed by the High Court Divis..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....: "In exercising this power, the court would no doubt, be reluctant to allow such an amendment which would have the effect of totally altering the nature of the suit, or take away a valuable right accrued by lapse of time, but where in the circumstances of the particular case, it would be ......evision Nos. 146 and 147 of 1987, making the Rules absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......d the defendants refused to pay the same and thereafter deposited rent in the Rent Controller Case No. 18 of 1980 in the name of plaintiffs and others. 4. After filing of the written statement the trial of the suit started on 6.12.86 and on that date plain6ff No.2 was examined as PW I and he was ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ...... Court Division, Dhaka in Civil Revision No. 954 of 1991). Judgment MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High ...... its conclusion. Both the appellate Court and the High Court Division failed to consider that the procedure for enquiry as enjoined under Regulation 14 was complied with in this case. No principle of fair trial was violated. The enquiry committee was properly constituted. The vacancy in the place of......chool fund a sum of Taka 94,754.75 paisa. The plaintiff was then dismissed from his service and that the order of dismissal was approved by the Board of Intermediate and Secondary Education. 3.The trial Court dismissed the suit after finding that the plaintiff was given an opportunity to show cau..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....w Regulation are deemed to have been validly made and cannot be called in question before any court as per paragraph 19(2) of the Four0i Schedule to the Constitution and as such the Rules have been rightly discharged in the writ petitions. 13. Since the learned Additional Attorney-General...... Civil Petition No. 119 of 1991. Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdictio......f 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Case......eral Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. The appellants along with 3 others were put on trial before Special Martial Law Court No. 7, Dhaka in Martial Law Case No. 134 of 1984. By judgmen..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... Court Division took notice of the decision in the case of Pradhip Das alias Shambu and others Vs. Kajal Das Sarma and others, 44 DLR (AD) 1 and held that "In the instant case it is admitted that the right to renew the lease was with landlord. In such circumstances notice under section 106 is not re......d to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy is‑ determined by giving a notice as contemplated under section 106 of the Transfer of Property Act no suit for ejectment of a monthly tenant can be filed………………………..(13) Per Mustafa Kama......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......the instant case it is admitted that the right to renew the lease was with landlord. In such circumstances notice under section 106 is not required." Consequently he upheld the ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the P..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... of 1833 but was derived from the submission of a dispute to the Arbitrator by the parties to the dispute themselves, that such submission to arbitration gave the Arbitrator the power to decide the rights of the parties in accordance with the law which would have been applicable if the parties ha......ns 30 and 33 of the Arbitration Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us re...... Arbitrator was not bound by the old rules and practices followed by the Juries. His Lordship was also of the view that the Arbitrator got power to award interest on the ground of equity, justice, fairness and good conscience. In the Techno‑Impex Vs. Van Weedel, Lord Denning, no matter hi...... CA 46 of 1991 the seller (plaintiff) claimed the price of goods sold along with interest thereon as the buyer (defendant) did not pay it in terms of an Agreement that governed the transaction. The trial Court decreed the suit and allowed interest on the principal sum by way of compensation, usin..Category: Business or Commercial Law | Date: | Hits: 98
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