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Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....he judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the suit with the averments, inter alia, that she is the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of whom defendant Nos. 1 and 2 are dea...... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992......practice governing the field In England a Court of Equity had no jurisdiction to interfere for the prevention of crime, or to enforce moral obligation, nor did it interfere for the prevention of illegal acts, merely because they are illegal. A Court of Equity exercised jurisdiction when there wa..Category: Property Law | Date: | Hits: 81
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....the accused paid Tk. 23,88,378.62, leaving a balance of Tk. 4,05,482.97. The accused promised that he would pay the balance by the end of Chaitra (corresponding to middle of April 1999) "after proper accounting". Allegation against the accused is that he, after taking time on several o......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respondents Judgme......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ......sia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37. It held that the suit land was not a non‑retainable land and that the Government's Order dated 31st May, 1969 was void and illegal. 5. After considering the decision in 11 DLR (SC) 316, the amendment of section 20 b..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....Tk. 1000.00 as costs to defendant No, 1. 3. Defendant No. 1 unsuccessfully took a revision before the High Court Division, which took the view that the prayer of the plaintiff was allowed on proper appreciation of the matter on record. 4. Defendant No. 1 now seeks leave to appeal f......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawye...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....dgment Shahabuddin Ahmed CJ.- I have gone through the judgment proposed to be delivered by my learned brother Afzal, J. I agree that acquittal of the respondent by the Appellate Court is highly improper and that this appeal by the State should be allowed. 1, however, like to add a few words in c......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...... from the disputed Echolac handbag being admitted, the unimpeachable evidence adduced by the prosecution, both oral and documentary, showing clearly that the said bag belonged to the respondent was illegally rejected by the High Court Division on untenable grounds causing a manifest failure of justi..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....n four instalments within the specified dates failing which his bail shall stand cancelled and he shall be taken into custody". We held that the order for conditional bail was illegal and not proper. In the instant case we find no reason to alter our view taken in that case. Mr. B Hossain l......so reported in: 45 DLR (AD) (1993) 8 ......l interim bail shall stand automatically cancelled without any further reference." 3. Khandaker Mahbubuddin Ahmed, learned Counsel for the appellant, has assailed both the legality and propriety of this order of the High Court Division attaching such an impossible condit..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....udgment of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in taking the view that there was no proper application for setting aside the abatement. 4. Mr. Mia Abdul Gafur, the learned Coun...... Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others……………………….Respondents ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....the coming into force of Part V of the State Acquisition Act. It further held that the application for pre-emption was not bad for defect of parties since the added parties are mere proper parties and not necessary parties The trial Court allowed the application upon arriving at a......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&...... vide Exhibit-B as the respondent who was not a party to proceeding before the Revenue Officer is not bound by such order and is not required to get it set aside. So Exhibit B should be taken as a legal effect in relation to the claim of the respondent who remained a co sharer tenant in respect ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....as subject to control by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, which should be performed properly with the care and certitude of a judicial mind and not as a mechanical act; and further sh......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond...... Prime Minister of the two countries (hereinafter referred to as the Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berub..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....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......der sections 435 and 439 of the Code by the learned Judges of the High Court Division in interfering with the order of the Sub-divisional Magistrate directing the detention of the respondents was illegal and without jurisdiction inasmuch as the assumption upon which the impugned order was passed ..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, 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 &......ub-inspector, did not state the facts which might constitute an offence under the Collaborators Order; and as such the cognizance taken by the Special Tribunal on the said police report was illegal. 3. The police report on which the Special Tribunal took cognizance, however, con..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....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......elected representatives of the people to meet on the 3rd March. 1971 for the purpose of framing a Constitution, AND Whereas the Assembly so summoned was arbitrarily and illegally postponed for an indefinite period. AND whereas instead of fulfilling ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
.... accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings."...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 196......ceedings, Section 34 of the Arbitration Act is reproduced below: "Where any party to an arbitration agreement or any person claiming under him commence any legal proceedings against any other party to the agreement or any person claiming under him in r..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... a case under the Collaborators Order, to direct the release of a respondent therein who has voluntarily gone or has been taken into custody in obedience to its own direction. 4. For a proper appreciation of the opposing contentions of the parties it will be necessary to re......ssed. Ed. ......der of acquittal the person in respect of whom the order of acquittal has been passed shall continue to remain in custody". 18. The second part of clause (2) of article 16 thus provides legal protection to the 'continuance' in custody of an acquitted accused which would otherwis..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....d by law. Article 21(1) of our Constitution provides:" It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property." 9. Citizenship may be acquired by birth or by naturalisation. A person who is deemed ......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: ......imes and prevailed upon him not to recognise Bangladesh or give any assistance to her. On 23 March 1992 he was lawfully asked to show cause why he should not be externed from Bangladesh and why other legal actions should not be taken against him. 5. In his affidavit‑in‑reply the respondent r..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministr...... from among TC Muharrars. The High Court Division held that the aforesaid pro‑vision being only an instruction of Respondent No. 3 and not a statute or any rule, cannot form the basis of any legal right which can be enforced in a court of law. The same cannot override and control the new a..Category: Employment/Service Law | Date: | Hits: 66
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....im as he was out of the country. He has returned only a few days back and he is now available. As an eye-witness, his evidence is vitally important, necessary and essential for arriving at a just and proper decision in the trial. The prosecution prayed that for the ends of justice, the said witness .........Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respond......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 ..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....t Custodian, Enemy Property, Sylhet, Defendant No. 2 in EP Case No. 11/70-71 was void, illegal, etc. and also for permanent injunction. His case briefly, is that the suit land was declared as enemy property by Defendant No. 2 in EP Case No. 11/70-71 as the owners thereof, namely Suresh Chandra B......reported in: 46 DLR (AD) (1994) 183 ...... for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property, Sylhet, Defendant No. 2 in EP Case No. 11/70-71 was void, illegal, etc. and also for permanent injunction. His case briefly, is that the suit land was declared..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....was dismissed from service on the ground of misconduct. He challenged the order of dismissal before the Labour Court, Chittagong, by a Complaint Petition, Case No. 193 of 1986, on the grounds that no proper enquiry was held and no opportunity was given him to defend himself. The Appellant filed a wr...... (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......papers produced by him, found that the case of the First Party was proved and accordingly gave the impugned decision. Even if some materials are not considered by the Labour Court, it may be an illegality or irregularity but it cannot be a ground for interfering with the decision under Article..Category: Labour and Industrial Law | Date: | Hits: 103
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
.... Shahabuddin Ahmed CJ.- Defendant No. 5 is the petitioner and the matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to D......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. ......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 ..Category: Property Law | Date: | Hits: 62
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