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State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....shot at PW 4 Somraj with a gun causing damage to his left eye. Accused Majid taking the gun from accused Alam Gazi fired at PW 3 Alauddin causing injury. PWs 1-4 and 6-11 resisted when the accused party tried to take away the dead bodies. At that time accused Nurul Islam and Akkal Ali, son of Sw......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....s of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on poly......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ry injunction order in this case had been passed contrary to the scheme of the legislation and the purpose of the special law providing for speedy recovery of the dues of the Sangstha. 14. Before parting with the case it may be stated that there being a legal embargo on granting temporary injunc......of the learned Advocate for the appellant that granting of temporary injunction is contrary to the scheme of the legislation as the legislature enacted the law providing for speedy remedy against non-payment of dues or breach of any obligation and a provision of the special law will prevail over the......and encourage and broaden the base of investment in Bangladesh. 3. The respondent is the Managing Director of Al-Helal Rice Mills Limited, which is financed by BSRS. BSRS sanctioned and disbursed loan in favour of the Rice Mills under different terms and conditions of loan agreement. Under the t..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....Rokanuddin Mahmood, Senior Advocate,(Abdul Momen Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent Nos. 2-4 (In both the Appeals). Ex-parte — Respondent No.1 (In both the Appeals). Civil Appeal Nos. 41 and 42 of 1995. ......ement, the appellant- company framed and implemented Rules of overtime calculation as contained in Circular No. BDOM/CIRCULAR dated 7-12-73 and the said Circular covered the whole gamut of overtime payment of the workers and employees of the appellant-company covered by the Factories Act, 1965 a......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......ioner. 2. The plaintiff-petition filed the aforesaid admiralty suit praying for arrest of the said vessel and to take into and hold in custody of the Marshal of the Admiralty Court as security for payment of Taka 10,91,41,259.00, the money claimed in the suit. The plaint was admitted on 24-12-98 ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hreatened the local eye witnesses not to give evidence. 4. Before the High Court Division the Rule was opposed by the accused-petitioners on the ground that it will cause difficulty on the part of the accused persons and the concerned authority to come from Barisal to Dhaka if the Rule ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....ned order dated 20 April 1998 awarded cost of Taka 5,000.00. The petitioner is aggrieved by the said order awarding cost. 2. Mr. B Hossain, learned Deputy Attorney-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He furth......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....nue for the purpose of public utility. Any purpose which benefits the public or a section of the public is a public purpose…….. If the purpose serves some public use or interest as opposed to the particular interest of an individual the purpose is public………………..(10) (ii) Onc......Furthermore, it will indeed be unconscionable if after about 22 years the appellant, which is a public body, be expropriated when it had built buildings on the acquired land upon making all necessary payments to the Government. Again, there is no principle of law under which once a property has been......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....ssion of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title deeds (vi) conduct of the parties in dealing with the property after the benami transaction………(9) ......peal. 8. Mr. MA Wahab Miah, learned Advocate appearing for the appellants, submits that the deceased plaintiff Hiron Chandra Dey took pattan of 0.63 acres of land from Ham Chandra Datta on payment of a salami of Taka 300.00 on the basis of pattanirukka dated 14 Chaitra 1353 BS and purch......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....Court Division. 2. Respondent No. 1, Bay Trawling Limited submitted a project for manufacturing of fishing trawlers. The reject was approved in the meeting of the Investment Board of the Department of Industries held on 3-1-78. The project is 100% export oriented one. After the approval...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... 115 The question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Governmen..Category: Business or Commercial Law | Date: | Hits: 91
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....llip;…..(6) A Member of Parliament is entitled to such privileges as the Parliament may determine and the determination is an act of discretion, propriety and sense of decency on the part of Parliament. What looks indecent to others may, in fact, be constitutionally permissible &he......f the said President’s Order. 5. It is clear from the language of Article 68 of the Constitution that Parliament has been given an enabling power to enact a legislation providing for payment of remuneration and allowances and granting of privileges to the Members of Parliament. The......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....is appeal by leave by Bangladesh Inland Water Transport Corporation- defendant No. 1 is from the Judgment and decree dated 10-11-91 passed by the High Court Division in Admiralty Suit No.6 of 1986 partly decreeing the plaintiff-respondent’s suit for Taka 1,58,19,963.30 against all the defe......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....r, he cannot give a public reply nor he is obliged to justify or explain to the Executive any matter falling within the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s pe......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... and recommended for granting of loan in favour of dead persons and accused Mawlana Abdul Hye also signed his name in the mortgage deeds as witness. Accused Hatem Ali Howlader stood guarantor for repayment of the loan. 3. As already noticed, the trial Court and the lower appellate Court ......s are seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution case is that, the accused petitioners in collusion with each other managed to obtain loan amounting to Taka 18,600.00 from Sonali Bank, Nalchity Branch in the name of five dead person..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....r the direction of the Government as per Annexure-D dated 21-12-96 and, as such; the Board did not issue the show cause notice independently. It was also declared to be illegal. 10. A major part of the respondent-petitioners’ argument was devoted to the incompetency of respondent N...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....n to set aside the findings of fact by the appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim ...... the year 1346 BS on the basis of farog which was granted under the signature of Aminullah, the son of the landlord, in favour of the plaintiff. The plaintiff has been in possession of the land on payment of rent to the landlord upto 1361 BS by cultivating the land. During the revisional settlem......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ...... and restored those of the trial Court. 2. The plaintiff claimed pattan of the suit land from the Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit land on payment of rents and on receipt of dakhilas. Upon the death of his father the plaintiff became the ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....udgment and order dated May 22, 1996 passed by the High Court Division, Dhaka in FMA No. 196 of 1994). Judgment ATM Afzal CJ.- This petition by the second party-lessee arises out of an arbitration proceeding and is directed against judgment and order dat......of interest which was neither a part of the award nor given by the learned Subordinate Judge while making the award a rule of the Court. He submits that the impugned order insofar as it relates to payment of interest is clearly illegal and unwarranted. 3. In view of the submission of the......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... has been stayed by us. Further the High Court Division has not assigned any reason for imposing a heavy cost of Taka 3,000.00. We think it was not quite proper to award such a big amount as cost, particularly, when it was an ex parte hearing. That part of the order imposing cost is set aside. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......d order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Judgment ATM Afzal CJ.- The petitioner Company, an admitted loanee of the respondent Bangladesh Shilpa Rin Sangstha, filed Writ Petition No. 604 of 1998 requir..Category: Business or Commercial Law | Date: | Hits: 106
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......e of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hossain orally gifted the said plot...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
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