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Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......y the appellant before the Court of Settlement on 10.1.88 and the hearing of the case was fixed on 27.1.88. Notice was issued on the respondent-Government to appear in this case along with all papers, documents and witnesses if there be any on that date. it further appears that no written st...... J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ......O 16 of 1972. 4. This material finding of the court of Settlement was challenged before the High Court Division mainly contending that the Court of Settlement misread and misconstrued these documents namely, the kabala and the indenture of lease of agreement and wrongly held that the prop..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....C, for the purpose of realization of rent and that the Tahsilder and Assistant Tahsilders were in charge of separate blocks. The learned Judge also noticed that due to heavy rush of tenants at the relevant time the rent receipts were admittedly used to be written at times even by paiks and outs......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......For the Appellant. Abdus Sobhan, Advocate, Supreme Court, instructed by Ataul Haque, Advocate-on-Record -For the Respondent. Criminal Appeal No. 15 of 1990. (From the Judgment and Order dated 12 January, 1986 passed by the High Court Division, Barisal Bench in Criminal Appea......n the deposition of 10 more witnesses, who were examined in the earlier trial, under section 33 of the Evidence Act. Besides oral evidence, the servant registers, cash book, rent receipts and other documents, Exts. 1‑ 130 were produced and proved at the trial. The question is whether the re..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ...... (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Uni...... services rendered by its employees, namely, (i) Bangladesh Biman Ground Services and (ii) Bangladesh Biman Flying Services. He asked the seven registered trade unions of the Biman to submit their documents to his office for obtaining proper registration certificate. The Resistrar then caused a ..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....5 ceased to be a dealer "appointed by the Government". Mr. Ahmed frankly concedes that it is not material whether respondent No. 5 was actually dealing in essential commodities during the relevant period because the law of disqualification is confined to the fact as to whether he "......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......an J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. Lawyer......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....d: "The absence of the defendant who asked for adjournment but refused to state reasons assigned therefore cannot give occasion for the plaintiff to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind ......e. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 where the court passed on ex parte decree allowing a claim based on construction works in spite of the plaintiffs' failure to produce the papers relating to schedule of work, the rate for work, the measurement books, the outstanding bills...... This case is also reported in: 45 DLR (AD) (1993) 112 ......"The absence of the defendant who asked for adjournment but refused to state reasons assigned therefore cannot give occasion for the plaintiff to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with refe..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
.... the same in the custody of the Peshkar until further orders. But all the seized goods are not in the custody of die court nor have been produced before it. It is for the court to consider all the relevant facts and hear all the necessary parties before making an order for disposal of the goods ...... over to the police but the trawler and the goods were kept in the custody of the customs. A photo copy of the seized goods which were valued at Tk. 3 crore was attached to the FIR along with other papers. 5. It appears that in course of the investigation of the case a seizure list was mad...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989......oods which were being carried illegally. It was alleged that neither the trawler CC Sea Hawk had any permission to enter into Bangladesh nor the goods which were found on board had valid supporting documents. The appellant and the crew of the said trawler having illegally and unauthorisedly enter..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....t the Circular dated June 4, 1981 was not issued by President and as such it had no legal effect. In matter from which CA No. 32 of 1993 has arisen the Appellate Tribunal further held that as at be relevant time when the respondent was appointed the Chief Conservator of Forests was the appointin...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors ……………………….Respondents ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....minority Judgment of Kailasam, J. the conflict of decisions was noticed and the learned Judge for the reasons indicated in the Judgment upheld the decision (of the High Court) under challenge. The relevant portion of the Judgment reads thus; "There is a conflict among various Hig......answered in the negative. 22. Now coming to the submission of Mr. Arif that there was in substance a complaint by the Magistrate, we find that there is substance in the contention. From the papers submitted by Mr. A. Baset Majumber, learned Advocate for the appellant, it appears that by o......; Vs. Abdul Kader and other............................Respondents Judgment May 8th, 1991. Cas......18 April, 1970 the appellant filed an FIR alleging that Satya Narayan Pathak and others criminally trespassed, assaulted and abused him in filthy language and committed theft of money and valuable documents of the school. The Police started a case under sections 147, 48 and 3 79 of the Penal Code..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lly without jurisdiction, more so, when 11cdclevator wields absolute power and the delegate in his nominee.” 7. Mr. Moinul Huq, learned Advocate for the petitioner, now submits that a relevant authority, i.e. a Full Bench decision in the case of Mrs. Jamila Multalib Ys. Bangladesh ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... by law. The detenu was in continuous detention from April 22, 1974. The Government was overthrown on August 15, 1975. Though the court held that the principal ground lost its cogency and became irrelevant, and that other grounds of detention, which were superstructures on the principal ground, ......der and are not extraneous to the purpose of the Act, and that the alleged activities are to be proximate to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a particular matter where the ordinary law of......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy......se under the Conservation of Foreign Exchange and Prevention of Smuggling Act 1974 of India, the detaining authority mechanically refused, as desired by the Collector, to supply the copies of some documents to the detenu on the ground that their disclosure would be against the public interest. S..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....nt. Article 6 thereof repealed the Acting president's Order dated 26 December 1971 but saved “all notifications issued under the said Order which shall be deemed to have been issued under the relevant provision of this Order" (APO 1 of 1972). 6. Neither the APO dated 26 Decembe......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin......2.72 to 21.10.75 in the writ petition as Annexure‑I series and averred that they received only two replies thereto dated 2.3.74 and 19.3.74 (Annexure-J and J(I)), asking them to submit their documents and stating that the prayer for release was under consideration. The respondents submitte..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....ettes and air gun. Subsequent thereto she lodged the First Information Report and after‑4 days she was medically examined by P.W. 6 Dr, AKM Ayubullah. P.W. 8 ASI Kazi Anwarul Islam who at the relevant time was attached to the Mirpur Police Station, investigated into the case and submitted ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......66 ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....lute. The petitioner in the writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....his Court reported in 41 and 43 DLR and found that there was no material before the Election Commission to interfere when there was no allegation whatever by anybody to the concerned authority at the relevant Lime. We have heard Dr. Rafiqur Rahman, teamed Counsel for the petitioner. Except pointing ......iding Officer sent any report about disturbances or stoppage of poll, nor any person or candidate complained to the Presiding Officers about any disturbance. The Presiding Officers counted the ballot papers during which time no grievance was made about the counting. Similarly, no allegation was also...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ..........................s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....being prosecuted for the same offence for which he had earlier been convicted cannot be examined in this perfunctory state of affairs. It seems the petition has no serious purpose because none of the relevant documents which are necessary for supporting the points sought to be made out have been ann......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio...... urged by the petitioners, in holding that the statement of the persons examined under section 161 of the Criminal Procedure Code, being part o the Police Diary, could be taken into consideration as "documents" at the stage of framing charge under section 241A of the Criminal Procedure Code which is..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....fact of the case may do complete justice under Article 104 of the Constitution. 11. Our attention has been drawn to section 17 of the Married Women's Property Act, 1882 of England, the relevant part of which is as follows: "In any question between husband and......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ......rt) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ranu) 23.3.72” 8. The respondent..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....ier or later to the proceeding under section 145 and also to consider the further submission that the High Court Division put a wrong construction on the plaint and had erroneously appreciated the relevant provisions of Order VII, rule 11 CPC and section 56 of the Specific Relief Act. 12.......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... at village Bhabonerchala within PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now submitted before us by the parties are, that whereas according to the appellant, who is ......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....g of Ext. 2 it appears that it was admissible as an admission but not as a confession as there was no plenary admission of guilt by the respondent. Section 24 of the Evidence Act makes a confession irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat a promise ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......ate-on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198......atement (Ext. 2/2). P.W. 6 Abdul Mannaf, a loader of the Bangladesh Biman, is another witness in the seizure list and the written statement of the respondent. He proved his signatures in the said two documents. In cross-examination, he stated that on the material day he carried the baggages of the..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... application for pre-emption without setting aside the order of Revenue Officer separating the Jama vide Exhibit 'B' 6. In order to appreciate the point involved in the case relevant portions of section 26F of the Bengal Act is quoted below: “26F. Power o......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
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