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Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ...... the orders for handing over vacant possession of the disputed stalls, contained in the aforesaid Annexure ‘F and ‘Fl’ have been issued without any lawful authority and are of no legal effect 4. Respondent Nos. 2-5 opposed the Rule Nisi issued by the High Court Division..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....xemption from payment of sales tax and development surcharge for the said machineries under SRO dated 25-7-1990 upon furnishing a certificate as required and prescribed under the said SRO from the proper authority of the Board of Investment. It is important to remember that the condition for ava...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......bsp; Abdur Rahman and others…………….. Appellants Vs. State ……&...... Code of Criminal Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special T..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
.... learned Advocate appearing for the petitioner, submits that the petitioner in exercise of its legal authority, under the Regulations, 1979 dismissed the writ petitioner from service after giving him proper opportunity in accordance with law, which also got the approval of the Board in due course un......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi......mo No. College 31(2) dated 3-2-85 informed the Principal of the College that the Board in its meeting held on 5-1-85, had decided that the order of dismissal of the respondent from service had been illegal and unsustainable, having been passed in violation of Regulation No. 12 of the Regulations, 19..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....reed the Suit. 6. The learned Single Judge of the High Court Division set aside the judgment of the lower appellate Court and restored the judgment of the trial Court as the same was not a proper judgment of reversal on consideration of material evidence in the case. 7. Leave wa......sp; Saitan Bibi and others………………. Plaintiff-Appellants &......quo; witness without giving any valid and cogent reasons. The learned Single Judge also found that the finding of the lower appellate Court with regard to question of partial surrender is also not legally tenable. The learned Single Judge found that the lower appellate Court wrongly found that d..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....such under the Code of Criminal Procedure. The appeal was allowed and the order of conviction and sentence was set aside. 10. Leave was granted to consider the submission if it was just and proper for the High Court Division, having regard to the facts and circumstances of the case, to he......e was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable......fresh trial by an appropriate Court should also see whether such direction should at all be given in the facts and circumstances of a particular case. For example, if it is found that there was no legal evidence to support the conviction then in that case it would be wholly wrong to direct a ret..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....ip;.……………….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon...... already noticed, holding in the end of the judgment: So, the reporting by the contemner about the local Judicial Officers to the different agencies of the Government are ex facie illegal and for which he must pay. The reporting by the contemner to the authorities against the l..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... high executive authorities act upon the basis of information supplied to them by their subordinates. In the circumstances, it cannot be said that it would be unreasonable for the Court, in the proper exercise of its constitutional duty, to insist upon a disclosure of the materials upon whic...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs......74 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he would start election campaign for his party soon and that he had no regrets or excuses the detenue committed no crime or illegality and the same was not a ground relatable to the order of detention and on the fact of the o..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... In case of transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in ......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ......rt Division then by judgment dated 3- 3-1999 made the Rule absolute and declared that the judgment of the Court of Settlement dated 18-8- 1997 has been passed without lawful authority and is of no legal effect and respondent No. 1 of the writ petition was directed to hand over physical possessio..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... public purpose within the meaning of The Acquisition and Requisition of Immovable Property Ordinance, 1982 and provisions of the Ordinance shall apply to all proceedings relating to acquisition of property for such purpose. In spite of repeal of section 93A and 93B of the 1953 Act the proceedin......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ......or release of unutilized land is not a vested right nor failure of the requiring body to utilize the acquired land within 3 years from the date of acquisition as per government decision creates any legal or constitutional right in favour of a person claiming release of such land……&..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... his application before the Court of Settlement the said Court was not duly constituted, it was so constituted and functioning when the writ petition was made. When the Court of Settlement was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not......late Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil &......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....p;…………………………(6) A search by itself does not operate as a total restriction on the right of citizen to hold and enjoy his property and as such action is temporary measure for a limited purpose of investigation and interfe...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ......he High Court Division in Writ Petition No. 2394 of 1992. 2. The writ-petitioner, Hussain Mohammad Ershad former President of the People’s Republic of Bangladesh challenged the legality of the action of locking up and sealing of the room of a house at 2/A of Jahangir Road, Dh..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....away. In that decision although leave was granted to consider the question of fixation of tariff value under section 25(7) of the Customs Act, 1969, the matter was left open for consideration in a proper case as the learned Advocate of the appellant did not argue that point and we only confined ......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli......d that the imported goods were required to be assessed as per SRO existing at the time of opening of the letter of credit and realisation of customs and other duties as per SRO dated 15-6-89 was illegal. Taka 6,36,032.00 was realised from the respondent as excess customs duty, sales tax and othe..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available to a mortgagor by filing a mortgag...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr...... Court being the last court of fact concurred with the finding of the trial Court and found from clear recitals of the document that the document is a deed of mortgage. The revisional Court most illegally and wrongly set aside this concurrent finding of fact that the registered deed is a mortgag..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………….Respondents Judgment&......as deleted by notification dated 4 March 1993. 5. The appellant challenged the order of his removal which was passed beyond 180 days to have been made without any lawful authority and of no legal effect. 6. The Writ Bench of the High Court Division discharged the Rule. The learned..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....ure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…………(6) Lawyers Involved: Fazlul Karim,...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ...... Karim, learned Counsel for the plaintiff-petitioner has attempted to argue that the High Court Division while considering the provision of Order 11, rule 21 of the Code of Civil Procedure acted illegally in failing to notice that rule 8 of the said Order clearly expresses the intent of the legi..Category: Procedural Law | Date: | Hits: 97
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......iminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitio......sp; December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty by the High Court Division placing no reli..Category: Criminal Law | Date: | Hits: 64
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......dur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment ......aurashava in the writ petition and obtained the Rule Nisi upon the respondents as to why the Gazette Notification should not be declared to have been made without any lawful authority and is of no legal effect. 3. Facts giving rise to the writ petition, briefly stated, are Prior to the i..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....s-F & F(1) to be discriminatory without lawful authority. Secondly, no discrimination in fact having been made, the High Court Division was finding discrimination of judicial officers without properly examining the provisions of Annexures-F & F(1). Thirdly, having regard to the stat......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T......ts as part of the Civil Services Cadre meant for the executive branch of the Government and to subject them to any laws meant for the employees of the executive Government should not be declared as illegal and ultra vires the Constitution and why a separate set of rules for the Judges of the subordi..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners Vs. Abdul Kader and Others…………………...Respondents Judgment&nb......e arbitral award was void can be filed without recourse to section 33 of the Act and section 32 bars a suit of the present nature. 5. The learned Advocate-on-Record could not point out any legal infirmity in the decision of the learned Single Judge of the High Court Division. Th..Category: Civil Law | Date: | Hits: 104
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