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Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......mendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49........ Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev...... midst of the hearing of the suit impugned sale certificate and writ of delivery of possession depriving the plaintiff an opportunity to verify the correctness of the same by taking back the impugned documents and the plaintiff subsequently came to know that his predecessor was neither a party in th..Category: Civil Law | Date: | Hits: 142
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......a test case. Thereafter, respondent No. 3, Manager, Bhawal Raj Court of Wards Estate, Land Reforms Board issued a notice dated 19-5-97 and later this notice was issued as a public notice in the newspapers on 24-5-97 directing the writ petitioner-respondent to vacate the suit properties measuring...... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not deb......ourt of Wards the successive transfer of the suit property ultimately to the writ petitioner was illegal. 6. The High Court Division found that the writ-petitioner annexed many papers and documents of title and possession to show that since 1939 and again from 1963 different owners of t..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but in section 24(1) of Non-Agricultural Tenancy Act the co sharer ship in the land is m...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......r Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgment &n...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..Category: Property Law | Date: | Hits: 57
....n No. 2109 of 1995).
Judgment
Bimalendu Bikash Roy Choudhury J.- This appeal is directed against the judgment and order of the High Court Division in Writ Petition No. 2109 of 1996.
2. The relevant facts are brief and not in dispute. There are two registered trade unions in Karnaphuli Pap......ing Annexure “G” to the supplementary-affidavit of the writ petitioner where terms and conditions of the contractors’ workers were enumerated came to the conclusion that since the documents and papers of the Mills clearly showed that the contractors’ workers were all casual workers, they wer......ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a......ision considering Annexure “G” to the supplementary-affidavit of the writ petitioner where terms and conditions of the contractors’ workers were enumerated came to the conclusion that since the documents and papers of the Mills clearly showed that the contractors’ workers were all casual wor..
Category: Labour and Industrial Law | Date: | Hits: 163
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......th the petitioner- respondent as Chairman. The respondent upon taking charge of the fund found irregularities in the management of the same. He requested Professor Anwarullah Chowdhury to hand over papers relating to the fund to him but he did not do so and accordingly the respondent felt the nec......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....up down since 17-6-96. Instead, it has “taken into consideration” an import which has taken place 17 months earlier. The committee has thus exposed itself to a justified accusation that it had no relevant and rational materials at hand to raise the tariff value to such an abnormal and unreasonab......ght to be there to enable the Government to follow a chartered course. He further submits that since it is unwieldy and cumbersome to fix tariff value in each case by examining each invoice and other papers of each import it becomes necessary for the Government under section 25(7) of the Customs Act......ported in: 52 DLR (AD) (2000) 1. ......heed to the recommendations of the Tariff Commission when protective custom duty is involved. In coming to a decision in respect of each item the committee must have in its possession contemporaneous documents to show that the international market price of a particular item of import or export has e..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....avour of the licensee and unless the statute excludes the operation of the principle of natural justice, a show cause notice is a must before revocation of the licence. This decision is also not very relevant as we are dealing with a case where the statute itself says that before cancellation of the......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......D) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
.... the criminal Court in 1984 for misappropriation of his property by his employee’s respondent in collusion with respondent No. 2. He argued that since respondent No. 1 was his servant at the relevant time and he entrusted him with the dominion of property of the petitioner’s company,......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......p;…………………… Petitioner Vs. Abdur Rahim and 4 others………………….. Respondents ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... arose from the judgment and order of Election Tribunal Case No. 13 of 1992 of the Court of Assistant Judge and Election Tribunal allowing the election petition on 31-5-93. 2. The short fact relevant for disposal of this appeal may be briefly narrated as follows: 3. Respondent No. 1...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J Shamsul Arafin Khan …………………..Appellant Vs. Kazal Miah and others………………… Respondents Judgment ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
.... appraiser Even in the memo dated 26-6-83 the two posts have been shown as distinctly separate posts. It is also on record that the appellants after being qualified in the examinations held by the relevant authority were promoted as appraisers on 26-6-83. In such circumstances, the promotion of......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......aded in this suit which is liable to be dismissed with exemplary costs. 4. The plaintiff examined 3 witnesses and the defendants examined 2 witnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held upon an exh..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the court of Chief Metropolitan Magistrate, Chittagong. 2. The short facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of co......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant Vs. State and another……………….. Respondents Judgment ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... Prosecution case is that at about 9/10 AM respondent Khaleq Howlader and his men entered into the polling centre and started casting vote in his own symbol (gorur gari) after snatching the ballot papers from the voters. This led to some disturbance and polling was stopped for some time. Polling......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m......ts 6f which Court must take judicial notice. Then it provides: In all these cases and also on all matters of public history, literature, science or art, the coup may resort to appropriate books or documents of reference. In England living authors are not regarded as authorities for purpose of ad..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....aters of Bangladesh without payment of the dues. 5. In order to appreciate the point raised by the learned Counsel it is necessary to notice some of the provisions of the Ordinance which are relevant. Section 19(1)(a) provides for tolls, dues, rates and charges upon vessel plying within or......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ...... Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Judgment Januar......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....s decision on misreading and misconstruing the provisions of the said Rule and as such the judgment of the Administrative Appellate Tribunal is liable to be set aside. 5. A reference to the relevant Rule clearly shows that if a Government servant is convicted of any offence other than an ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ...... Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..Category: Administrative Law | Date: | Hits: 120
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....XXIV of 1985) was promulgated as late as on 20th May, 1985 giving it a retrospective effect from the 16th December, 1971 except section 3 thereof. Sections 5 and 6 of the said Ordinance, which are relevant, are as follows: “5. (1) Absorption of surplus public servants.(1) A su......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others…………………………. Responde......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....ity. 3. The proviso to sub-section (5) of section 167 Cr. P. C. provides that in cases in which sanction of appropriate authority is required to be obtained under the provision of the relevant law for prosecution of the accused, the time taken for obtaining such sanction shall be ex...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. Sta...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....rested by the police on 1-11-93 and was forwarded to Noakhali District Jail. The appellant came to know of the trial, conviction and sentence after his arrest. He obtained certified copies of the relevant papers on 12‑1‑94 and filed an under section 561 A of the Code of Criminal pro...... the police on 1-11-93 and was forwarded to Noakhali District Jail. The appellant came to know of the trial, conviction and sentence after his arrest. He obtained certified copies of the relevant papers on 12‑1‑94 and filed an under section 561 A of the Code of Criminal procedure in......lip;…………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....rocedure Code in Chapter XI of the Appellate Side Rules with suitable modification where necessary”. 10. Rules 38 and 39 of the aforesaid Appellate Side Rules of Chapter XI are relevant in this respect. These are quoted as follows: “38. Where the Court is o......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......a Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
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