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Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... 19. The general rule of law being, that unless there is a clear indication from the wording of the statute it is not to receive a construction retrospective in effect. The cardinal principle of construction is that every statute is prima facie prospective unless it is expressly, o...... would be discriminatory and violative of the equality clause of the Constitution. It is true that there is no right of promotion but it is also true that an employee has a right to be considered for promotion which is a condition, of his service………………&......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......209; appellant was an employee or librarian of a private limited company. So, the facts and circumstances of the case referred above are not identical with those of the instant case and, as such, the principles as such enunciated therein are not applicable in the instant case." 8. I......For the Petitioner. AKM Nazrul Islam Senior Advocate, instructed by AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1370 of 2002. (From the judgment and order dated 8th Ju...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......ted in PLD 19 73 SC 418 wherein it was held‑Moreover, it has been ruled by this court in a number of recent cases, that having regard to the social conditions obtaining in this country, the principle falsus in uno, falsus in omnibus cannot be made applicable to the administration of cr......bsp;Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment both for individual as well as...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......nd not 5 crore.
17. The above submission gives rise to the question, whether substitution of one provision of an enactment‑by another, would amount to repeal of the provision. It is a cardinal principle of construction that every statute is prima facie prospective and not retrospective. In Ms......ty Act, 1992 Section 7(d)
A mandatory condition having not been complied with no right accrued to the respondent to take recourse to article 102 of the Constitution. Moreover matter is pending before the authority and as such no cause of action has yet arisen……………………(21 & 22......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......p; (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is......e the title to and the property rights in the immovable property. The decision of the Upazila Nirbahi Officer as to mutation can at least be considered as an executive order which is subject to final determination by a civil Court. (Similar view held in 6 BLD 7, 38 DLR 270 and 20 DLR 109). ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30......prescribed time in the light of the provision of Regulation 43(8) of the Regulations i.e. proceeding was not concluded within 180 working days and as such the proceeding having came to an end without determination, punishment awarded on the basis of enquiry report in the aforesaid proceeding was ill..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......be pre‑empted and entitled to pre‑empt the land transferred by Rowshan Akhter to the pre‑emptee. 11. Leave was also granted to consider whether the principle of law enunciated in the cases reported in 33 DLR (AD) 309; 1987 BLD (AD) 122 and 33 DLR 3......bsp; State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after......ing No. 3232/1/1, in. respect of the aforementioned quantity of land has been opened evidenced by Exhibit A and, as such, we feel there is no necessity of sending back the case to the court below for determination of the fact of separation of jama by the pre‑emptors in respect of the land purc..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......r local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery Department and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that r...... Judgment Md. Ruhul Amin J.- The present appeal by the opposite party before the Administrative tribunal by leave is against the judgment and order dated October 26, 1998 o......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial principles after taking into account the facts and circumstances of each case." 8......l of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... out of it. 19. Privy Council in 29 CWN 1037 in the case of Must Bhagwani Kunwar and another vs Mohan Singh and others…………….the principle as to joint family according to Hindu law is as follows: "It is we...... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2 1982. 5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......thMagh, 1376 B.S. in favour of the plaintiff; that on the date of execution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kabala dated M......Kessarbai Vs. Jethabhai Jivan reported in AIR 1928 PC 277 where in it has been held ".......it is unsatisfactory and dangerous in any event to stake a decision in such a case as this on the correct determination of the genuineness of a signature by mere comparison with admitted signatures, espec..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......ion of awarding interest by the learned Subordinate Judge except that the award was indefinite as to the interest at the bank rate. 10. It is now settled principle of law that Arbitrator/Umpire could award interest over the awarded amount and the controv...... the appellant as the contractor entered into two agreements namely, agreement No. 16/LMH dated 12 September, 1988 and agreement No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the cont......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ...... Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of pers......002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the p......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... loan account of the company and accordingly, the High Court Division held that no transfer of shares of the company by these respondents had taken place and these findings having been based on sound principles of law ought not to be interfered. The learned Counsel submits that the learned Judge of ......he respondents reposed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......fer from error. 22. The above submissions leads us to question whether under the circumstances a review of the judgment delivered by this court on 29-8-02 is justified. The general principle is that in discharging the judicial function of the court it has the duty of resolving iss......ereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of people in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general pu......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......2. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant......nnecting and/or in connection with and/or in consequence or relating to the said contract shall be referred to the Tribunal of Arbitration of Metropolitan Chamber of Commerce and Industry, Dhaka, for determination, settlement and award and the decision and award of the Arbitrators shall be final and..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......on as it may deem necessary from the government shall be absolutely an ex parte affair and the detenu shall be deprived of the opportunity of defending himself which would be a clear violation of the principle of natural justice. More so, when subsection (4) of section 11 of the Act debars...... Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Adviso......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... respondent Nos. 6 & 8 is a letter from Deputy Secretary, Ministry of Information to Mr. AS Mahmud, of Ekushey Television, informing him that the Government has taken a preliminary decision, on principle, to allow ETV to establish a private TV channel. Annexure-7 dated 22-2-1999 of the affid.......(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional mandate is d...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....iberately and intentionally published this sensitive article for drawing attention of the public at large. This by no standard can be regarded as a public service but a disservice to the public by misguiding them with false news. This sort of grossest type of contempt must be visited with punishment......i.e. "‡h Acivax †m AcivaxB| †m †hB †nvK bv †Kb Zvi wePvi wbwðZ Ki‡ZB n‡e|" and 'Daily Janakantha' firmly believes in this principle. When 'Daily Janakantha' was set up, one of its objectives was to advocate this pr......e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC......duction of tendency bring the Judge or judiciary into contempt. The malicious or slanderous publication inculcates in the mind of the people a general disaffection and dissatisfaction on the judicial determination and indisposes their mind to obey them. If the people's allegiance to the law is s..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......essional statement of an accused recorded under section 164 Cr.P.C. The statement of witnesses recorded under the aforesaid section of law is not a substantive piece of evidence. It is an established principle of law that if any statement recorded behind the back of the accused the same cannot be tr......Additional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur in Nari‑o‑Shishu Nirjatan Daman Case No. 66 of 1997 sentencing the appellant to suffer imprisonment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan wa......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
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