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Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shajib (Md.) and others…………………….Accused -Petitioner ......……Complainant- Respondent Judgment March 11, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the compl..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......sent: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant &nbs......ssued by appellant No.2, Inspector General of Registration of Bangladesh on the basis of a Memo. dated 3 1-1- 95 issued by appellant No. 1, Secretary, Ministry of Law and Justice has been issued illegally and is without any legal effect. 2. The respondent serving as an Assistant in the G..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....to justify this bizarre conclusion. He was unable to do so. So our conclusion is that neither section 302 nor section 149 of the Penal Code has been discarded by the High Court Division upon giving proper legal reasons. The conviction under those sections has been set aside purely on whims and c...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........ify this bizarre conclusion. He was unable to do so. So our conclusion is that neither section 302 nor section 149 of the Penal Code has been discarded by the High Court Division upon giving proper legal reasons. The conviction under those sections has been set aside purely on whims and caprices..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....s for punishment of violation of the said section. Then the learned Judges observed: “We, therefore, find it necessary to examine the issue as to whether Islam truly approves polygamy or more properly speaking, polygyny”. The learned Judges themselves noticed that there had been grea...... 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 polygamy in Islam and recommendation thereon as recorded in the impugned judgment should be taken to be deleted lest ......rohibits contracting of a second marriage during the subsistence of an existing marriage without the previous permission of the Arbitration Council but it does not declare the second marriage as illegal or invalid but only prescribes for punishment of violation of the said section. Then the lear..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....In the meanwhile, the appellant— instituted Miscellaneous Case No.260 of 1997 in Artha Rin Adalat No.2, Dhaka under Article 33 of the BSRS Order of 1972 against the respondent for attaching certain properties mentioned in the schedule to the application and for realisation of loan money. On 25-8-9...... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th......Sangstha Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article ..Category: Business or Commercial Law | Date: | Hits: 124
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....on has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......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)
....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) Once a property has been validly acquired for a public purpose and vested the same in the requiring body an...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ......vember 1985 that the Government, after examination of the relevant records and laws and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and after obtaining the legal opinion of the Ministry of Law and Justice, had decided that the property in question was not ..Category: Property Law | Date: | Hits: 63
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....een approved by the Investment Board earlier, the subsequent decision taken by the Government in the meeting of 1-8-94 to cancel the approval given earlier does not appear to be based on sound and proper reasoning. 6. Strictly speaking, the question of promissory estoppel may not arise i......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. &...... 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. ..Category: Business or Commercial Law | Date: | Hits: 91
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....ovides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay compensation not exceeding taka one lac for loss of life, injury to person and property and in case of damage to any other vessel and the same being realisable as a decree of civ......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......er section 33 of the Evidence Act, that proceeding was not between the same parties. As a matter of fact, Ext. 25 series is not admissible in this admiralty proceeding and Ext. 25 series cannot be legally accepted as the basis for determining the market value of the vessel and consequently the p..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....nbsp; February 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again...... Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and others …………...Petitioners Vs. State …&helli......rned Advocate. Further, we are not inclined to reduce the substantive sentence of petitioners Hatem Ali and Abdul Wahed Khan, as there is nothing on record to show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 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. ......nbsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli......he Board, and Inspector of Colleges of the Board (respondent Nos.4 and 5 to the writ petition and petitioner Nos. 1 and 2 therein (Annexure-F) have been made without lawful authority and are of no legal effect. 3. Respondent No.1 joined the then Ideal Junior High School in 1970 as Headma..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)
.... land on the basis of settlement in his favour during his minority by his father. The High Court Division also found the farog inadmissible inasmuch as the plaintiff laid his personal claim to the property on the basis of the same contradicting the plaint statement that the farog was obtained by...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12......have been in favour of his father, although in the name of the plaintiff. 10. The learned Counsel for the appellant also submitted that the learned Judge of the High Court Division acted illegally in reversing the findings of fact in exercise of his revisional powers. 11. Mr. Mah..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....s of the trial Court. 5. Mr. Md. Nurul Huq, learned Advocate for the defendant-petitioner, submits that the lower appellate Court set aside the judgment and decree of the trial Court after proper discussion of both oral and documentary evidence on record and after giving cogent reasons b......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ......s. Upon the death of his father the plaintiff became the sole owner of the suit land. Defendant No. 1 being the Tahshilder of the said Estate created certain documents for grabbing the suit land illegally. 3. Defendant No. 1 contended that the pattan in favour of the plaintiffs’ fa..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......ndents. Civil Petition for Leave to Appeal No. 571 of 1996. Judgment Latifur Rahman J.- The defendant petitioner has filed Civil Petition Nos 571 and 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 pa......;…Respondent Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 1..Category: Procedural Law | Date: | Hits: 118
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....rder of injunction passed by the trial Court 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......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ......nt of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have been made without lawful authority and be of no legal effect, etc. A writ Bench, by the impugned order dated 1st March 1998 summarily rejected the..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... It appears to us the main object of the writ petitioners was to obtain enhanced rate of compensation securing fresh notices. The order of the Ministry (Annexure-D) therefore appears to be just and proper. In our opinion, the learned Judges of the High Court Division have fallen into an error of......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
..... The Constitution of Bangladesh, 1972, Articles 42 & 102 Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Sections 5 & 7 Inclusion of the property within “kha” list is void and violative of Article 42 of the constitution even......sp; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed......dered to be a notice in the eye of law and the treatment of the property in question as an abandoned property and enlisting it in the “Kha” list is without lawful authority and is of no legal effect. The writ petitioners need not have invoked the jurisdiction of the Court of Settleme..Category: Property Law | Date: | Hits: 56
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
.... question as to whether the interpretation given by the High court, Division on Order 39 rule 7 CPC is correct or not we are of the view that in the facts of the present case it will not be fit and proper to allow an inspection when the plaintiffs admittedly obtained possession of the unit in 19......bsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of......y with the said requests the plaintiffs were constrained to file the suit for a declaration that the notice dated 15-5-89 directing plaintiff No.1 to pay the balance amount of purchase money was illegal and that plaintiff No.1 was bound to pay only the amount which will be determined by a joint ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....On 11-10-75 he died at Mitford Hospital, Dhaka. On 27-3-73 Afaq Ahmed Khan submitted a representation to the then Sub divisional Officer, Sadar, Dhaka (Annexure ‘E’) for releasing the property in question from the list of abandoned property. Having failed to get any redress he on 2......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......;Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anwar Ahmed Khan filed the aforesaid ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
...., the contention of the learned Advocate for the appellants must succeed. The question that there was no guide-line for fixing tariff value under section 25 of the Customs Act could be decided in a proper case. For the above reasons, all these appeals are allowed without any order as to c......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......the tariff value by the impugned notifications giving retrospective effect was arbitrary and without any reasonable basis and, as such, the same amounts to an exercise of unguided power which is illegal inasmuch as there being no guide-line for fixing tariff value in section 25 and the Governmen..Category: Business or Commercial Law | Date: | Hits: 99
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