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Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....tion was sought with special reference to a part of what is known as Berubari Union No 12 and the adjacent enclaves that are under the administrative control of the Indian State of West Bengal The relevant portion of the Delhi Treaty, including its title and the preamble, is set down below :&mda......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......nd, that the 1st party gets Rs. 1300/ as rent from the building per month and that he also paid some money to the 1st party whenever demanded. In cross-examination he said that he had submitted no papers for building which is said to have been given to the appellant by him. The case put forward ......sh;For the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Ju......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....of judicial discretion by a Magistrate under sub-section (2) of section 167 of the Code. 5. In order to appreciate the contentions referred to above, it is necessary to examine the relevant provisions of PO 50. Sub-clause (a) of article 3 (1) specifies the offences which are tria......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. ......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref......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. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....rted bye-election. The penal provision, article 11(d), has also been cited. 5. Now, 'collaborator’ has been defined in clause (b) of article 2 of the Collaborators Order, the relevant portion of which is reproduced below:— "Collaborator" means a ......"The story of the case in brief is that on 3-8-72 at 2.00 hrs. I being complt. submitted suo motu case under order of Government against accused in col. 3 as candidate filed their nomination papers on 20-10-71 as candidate for election from NE. 125 Sylhet VI constituency the purporte......n, 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 the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 &......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. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....mation: and as such the laws promulgated by him under the Provisional Constitution Order were invalid, and the Collaborators Order being one such law was a nullity. 8. Let us now examine the relevant provisions of the Proclamation. They are set down below: — THE PROCLAMAT......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......vocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the sole respondent 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 ot......ssed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... his being stranded in Pakistan he was to be deemed to be a permanent resident under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ...... in our national jurisprudence. The Superior Courts in our country have always interpreted the law of citizenship liberty so that one's claim to citizenship is upheld rather than destroyed, discarded documents of distress, obtained in time of despair, as prima facie evidence of renunciation of citiz..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......appears from the impugned order that in the absence of Second Party‑Petitioner, the Labour Court took up the case for hearing ex parte and after hearing the First Party and after perusing the papers produced by him, found that the case of the First Party was proved and accordingly gave the...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chittagong Chemical Complex ……Appellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30, 1993. Lawyers Involved: Kha......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....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 ......er was produced to show whether this assessment was a provisional one under section 5B of the Act. If it were provisional, when the final assessment was made also could not be ascertained. From the papers submitted by the appellant, we find only one assessment was made, out of which the major pa...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ......ondents that from ill‑motive the concerned officials of the Land Acquisition Department of the appellant kept the matter pending neither filing any appeal in time, nor producing the necessary documents including the notice under section 5, if any, and for this delay they (respondents) had f..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing reasons for re‑hearing of the Rule in presence of both sides. 7. Both the learned advocates cited a number of decisions in favour of their respective submissions of which only the relevant ones will be taken into consideration. 8. A question arose under Article 98 of the ......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 ...... This case is also reported in: 46 DLR (AD) (1994) 154 ......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 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... Chowdhury J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant ......‑holders of Mohammadi Calendering and Printing Mills Ltd. to submit their claims for the return of the said Mills and accordingly, the petitioner submitted the share certificate and all other documents. Respondent failed to return the said Mill w the Bangalee, share‑holders. It was fu..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ....... Judgment: Fazle Munim J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 3......on Court has the jurisdiction to decide the claim in the absence of, written contract. ii) Whether Part II (b), which gives jurisdiction, speaks about the 'contract receipts' or 'other' documents and whether it shows that the contract must be written contract; iii) Whether ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ed that he conducted the case on behalf of the bank but he had no personal knowledge about the service of processes. Thus the position which emerges is that these plaintiffs were minors during the relevant period and a Court guardian who was appointed under Order XXXII of the Code of Civil Proce...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....le 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 the cases of the parties, in brief, as will be relevant for disposal of these appeals, plaintiffs filed the suit for eviction of the defendants fro......e of permanent tenancy on payment of salami and making out a case of reconstruction of the premises incurring an expenditure of Taka 1,75,000.00 was attempted to be introduced. As a matter of fact no papers and documents were annexed with this additional written statement showing payment of salami n......6 DLR (AD) (1994) 130 ......ent tenancy on payment of salami and making out a case of reconstruction of the premises incurring an expenditure of Taka 1,75,000.00 was attempted to be introduced. As a matter of fact no papers and documents were annexed with this additional written statement showing payment of salami nor any tang..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....ur different dates between 22 September to 1 October 1987, and submitted his reply on 28 September 1987. There9ter, the plaintiff was asked to appear before the enquiry committee on 7 April 1988 with relevant papers and make his submissions. On that date he wrote to the Chairman of the enquiry commi......ent dates between 22 September to 1 October 1987, and submitted his reply on 28 September 1987. There9ter, the plaintiff was asked to appear before the enquiry committee on 7 April 1988 with relevant papers and make his submissions. On that date he wrote to the Chairman of the enquiry committee that......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......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. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... 1991 and accused‑appellant Md. ldris Patwary of Criminal Appeal No. 4 of 1992 were the Principal Officer and Senior Officer (cash) respectively of the Sonali Bank, Narayanganj Branch at the relevant time. In connection with a shortage in cash of Tk. 19, 10,000.00 an FIR was lodged by the ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......] 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 Cases Refe......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....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. ......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 provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy isâ€......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. ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... reliance on the Privy Council's decision in Chamsey Bhara Co, Vs. Jibraj Ballo Co. Ltd. (1923) AIR, PC 66, and Lord Halsbury's observation in Addams Vs. Great North of Scotland RY. (1981) AC 31. A relevant part of the latter is quoted below. ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......1 before us, in Election Petition Case No. 9 of 1992, before the Assistant Judge and Election Tribunal, Patuakhali. The Tribunal, by an order dated 24 April 1993, directed for recounting of ballot papers on 2 May 1993 in presence of all concerned including the Presiding Officers. This order was ...... ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Judgment July, 4th 1993. ......Division also found that recounting of ballot papers was the real bone of contention between the parties. 4. It is true that before recounting of ballot papers, which are confidential documents, preserved in proper custody, evidence should be led for preparing the foundation for reo..Category: Election Law | Date: | Hits: 119
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......‑ enquiry by the Deputy Land Reforms Commissioner, Khulna Division, after notice to the parties, who not only heard Mr. Md. Hayder Ali, Governing Director of respondent No, 1, but also examined the papers and documents produced before him and then submitted his report to the Ministry on the basis ...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Tru...... by the Deputy Land Reforms Commissioner, Khulna Division, after notice to the parties, who not only heard Mr. Md. Hayder Ali, Governing Director of respondent No, 1, but also examined the papers and documents produced before him and then submitted his report to the Ministry on the basis of which th..Category: Property Law | Date: | Hits: 69
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