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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... Appellate Division (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. Lawyer......s in the general election held in 1991 the respondent was wooed by the present Prime Minister who sought his party's support in Parliament. Both the Presidential hopefuls in the election held in 1991 called on him and solicited his and his party's support. It was only when the respondent accepted th......ould be resolved on humanitarian considerations through simultaneous repatriation of all such persons except those Pakistani prisoners of war who might be required by the Government of Bangladesh for trial on certain charges". As per the Delhi Agreement dated 28 August 1973 between India and Pakista......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: ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....991, in the Court of Subordinate Judge-cum- Commercial Court No. 1, Dhaka, against defendant No. 1, a Private Ltd. Company and its directors, defendants Nos. 2-6 for realisation of Taka 89 lac and some odd. But, on an application by the said directors-defendants, their names were struck off by t......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......eriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" to the petitioner, leave may be granted for considering the glare impropriety of the Shahabuddin Ahmed CJ trial Court's order striking off the names of the defendants guarantors. The High Court Division fo...... case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....k Ali Azam under section 302 of the Penal Code by the First Court of Additional Sessions Judge, Dhaka, in Sessions Case No. 300 of 1992. All the PWs were examined and cross‑examined, two DWs were also examined and cross‑examined, die accused-petitioner was examined under section 343 CrPC and the......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 ......3 and proved the judicially recorded statement of the alleged eye‑witness Golam Kibria @ Tipu and the same has been marked as Ext. 3. He was not available in the country and could not depose in the trial and processes to secure his attendance could not be served on him as he was out of the country.........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..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....n 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 as enemy property......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......pe to make any further enquiry in this appeal. 7. It is true that one of the reasons for cancellation of the plaintiffs settlement was that of his being a Government Servant but neither the trial Court which dismissed the suit nor the High Court Division which affirmed it, upheld the orde......reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....issal and ordered reinstatement with back wages. The appellant filed an application under Order 9, rule 13 of the Civil Procedure Code for setting aside the ex parte order, but this application was also dismissed for default. Thereafter, the appellant filed the Writ Petition contending, inter alia, ......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. ......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. ...... (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..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... when the offence was committed and subsequent conduct or failure to fullfil a promise would not constitute an offence under section 415 of the Penal Code. In 30 DLR 327 it was held that when a person promises to pay the price of goods and on his undertaking to pay, the goods were delivered to h...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... ATM Afzal J Latifur Rahman J. Arifur Rahman alias Bablu…………Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Refer..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....ds that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took the Pattan from Sunil Chandra Ghosh, some time in 1351R......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 ...... threatened the plaintiffs with dispossession, they filed the suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc. The suit was decreed by the trial Court namely, the Assistant Judge, Manikganj, and his decision was upheld by the District Ju......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. ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
.... An application by a defendant under Order IX rule 13 CPC will not be entertainable unless half of the decretal amount is deposited along with the application. Section 7 provides that an aggrieved person may appeal against the judgment or decree of an Artha Rin Adalat to the High Court Division with......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......provided that no appeal shall lie against an interlocutory order of an Artha Rin Adalat. If a defendant wishes to file an appeal against a decree of the Artha Rin Adalat then he has to deposit to the trial Court at least half of the decretal amount (now 25%) before filing the appeal and unless the s......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Responde..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....te, Ist Class, Thana Gournadi, District Barisal in CR Case No. 9 of 1990 convicting the accused-appellant under section 4 of the Dowry Prohibition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begu......it may not be out of place here to quote the first four sections of this Indian Act for the purpose of deciding the issue at hand: 1. Short title, extent and commencement.- (1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State o...... the complainant protested they beat her with fists and drove her away from the conjugal house keeping all her ornaments with them. The complaint was registered as CR Case No. 9 of 1990. 3. During trial a charge under section 4 of the Dowry Prohibition Act, 1980 was framed against the accused‑a...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Sel..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....But reply to is contention given by Mr. Giasuddin Bhuiyan, the learned Advocate for the respondents, is that on application under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction......lication under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction, whether it is called an amendment or correction, cannot be the date of the decree for the purpose of challenging ......dental omission. 11. The learned Additional Attorney‑General has referred to the case of Ramji Lal and ors. Vs.Giani and another, AIR 1921 Lah 250, in which it has been found that the trial Court, though it purportedly acted under section 152, it in fact, acted under Order 47; he ha...... 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- ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....09;opposition and no one appeared at the time of hearing of the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 res......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 ...... constitutional right has been infringed. It is meant to be a summary and swift mode of disposal of disputes and it is not designed to be a procedurally intricate and remedially elaborate method of trial of suits of original civil jurisdiction. in fact, its procedural simplicity and swiftness mar...... This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....n the second question will be in the affirmative. 2. Facts are that the plaintiffs are appellants. The premises in suit consisting of 3 huts belonged to Gurudas Singha who died leaving three sons Sanui Benode, Jyoti Benode and Shakti Benode and a widow Snehalata Hemalata. Snehalata relinqu......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......the deposit of rent with Rent-Controller. Several issues were framed and the important one being the relationship of landlord and tenant between the plaintiffs and principal defendants 1 and 2. The trial Court on the question of jurisdiction and the value of the suit found that, the defence case ......bsp; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...............Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....). Judgment Mustafa Kamal J.- This appeal by leave by respondent No.4 in Writ Petition No.3901 of 1992 is from the judgment and order of the High Court Division dated 26.4.93 making the Rule absolute. 2. Respondent No. 1, Kazi Abdur Rouf as Headmaster and Secretary of the Staff Welfare Hig......chool in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated the writ petitioner's case was that the Managing Committee wou......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ..Category: Property Law | Date: | Hits: 86
Mahbub and others Vs. State, 1994, 23 CLC (AD)
....; Shahabuddin Ahmed CJ.- Petitioners filed Criminal Appeal No. 64 of 1994 before the High Court Division challenging the order of conviction and sentence of two years' imprisonment made by the Additional Sessions Judge, Dhaka, under section 221(c) read with section 10(1)...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......urt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Responde..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....bsp; Mustafa Kamal J.- This appeal by leave is from the judgment and order of the High Court Division dated 22.6.93 in Writ Petition No. 1389 of 1982, making the Rule Nisi absolute. Md. Abdul Mannan @ Manu, respondent No. 4 in the writ petition, is the appellant before us.......iod and a fresh election should be held for those offices. 3. It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ordinance provides that every Chairman and member shall, before he enters upon his offic......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....iffs were properly represented in the execution proceeding in question and all the processes were properly served. 3. The trial Court dismissed the suit and appeal that was filed was also dismissed by the High Court Division. A good number of points were raised before the High Court ...... 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 ......ubsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in question and all the processes were properly served. 3. The trial Court dismissed the suit and appeal that was filed was also dismissed by the High Court Divis...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ese two appeals by the plaintiffs following leave, is directed against the judgments passed by a Single Judge of the High Court Division in Civil Revision Nos. 146 and 147 of 1987, making the Rules absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Su......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......d the defendants refused to pay the same and thereafter deposited rent in the Rent Controller Case No. 18 of 1980 in the name of plaintiffs and others. 4. After filing of the written statement the trial of the suit started on 6.12.86 and on that date plain6ff No.2 was examined as PW I and he was ......6 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....n-ur-Rashid Talukdar, the teacher representative in the enquiry committee, was absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to defend himself. No second show cause notice was served befor......ion, Dhaka) Terms and Conditions of Service Regulations, 1979 provides the following procedure. "(1) When a teacher is to be proceeded against for offences specified in regulation 11 he shall be called upon by a notice to submit a written explanation within seven days as to why the penalty ......chool fund a sum of Taka 94,754.75 paisa. The plaintiff was then dismissed from his service and that the order of dismissal was approved by the Board of Intermediate and Secondary Education. 3.The trial Court dismissed the suit after finding that the plaintiff was given an opportunity to show cau......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..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....dgment and order dated 4.3.84 on the ground, among other, that the case was of a Civil nature. Upon review 6 the said judgment the CMLA, however, by his order dated 20.1.85 found the appellant and some other guilty of the offences under sections 143 and 448 of the Penal Code and sentenced each o......on Nos. 11 and 12 of MLR No. 1/82 and sentencing him to RI for 14 (fourteen) years and a fine of Tk. 50, 00,000.00 to be realised by confiscation of the petitioner's properties, etc. The petitioner called in question the aforesaid order to the CMLA by filing Writ Petition No. 233 of 1991 while r......eral Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. The appellants along with 3 others were put on trial before Special Martial Law Court No. 7, Dhaka in Martial Law Case No. 134 of 1984. By judgmen......] 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..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....tifur Rahman J: 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......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 instant case it is admitted that the right to renew the lease was with landlord. In such circumstances notice under section 106 is not required." Consequently he upheld the ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the P...... 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€..Category: Tenancy Law | Date: | Hits: 87
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