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Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....e inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she should be allowed to come out of unwholesome environment of a prison house. It is right and proper that the victim girl should stay with her parents rather than to give her to the family of t......Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....evidence cannot be disbelieved when the witness appeared to be truthful and were telling the truth……………(8) When the High Court Division did not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find o...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip...... Vs. State…………..Respondent Judgment November 23, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Sections 423 & 424 There is no illegality in not discarding the evidence of eye witnesses on the ground of close relationship as ocu..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......mendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There ......ng, inter alia, that the proceeding in question having been stopped under section 339C(4) Code of Criminal Procedure and not under the Act the learned Divisional Special Judge did not commit any illegality in reviving the proceeding against the accused under section 339D Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ecution of a decree passed in Money Suit No. 5 of 1932 as forged, fraudulent, collusive, void, having no legal existence and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded....... Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev......ioner Vs. Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and f..Category: Civil Law | Date: | Hits: 142
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....99. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarred to comment on title. &nbs...... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not deb......s respondent contended in its affidavit-in-opposition that since no permission was taken from the Court of Wards the successive transfer of the suit property ultimately to the writ petitioner was illegal. 6. The High Court Division found that the writ-petitioner annexed many papers and ..Category: Constitutional Law | Date: | Hits: 164
....actor himself or his authorised representative.
16. The contractor will have to remain personally present or keep his authorised supervisor in the working places during the whole working time for proper supervision and smooth running of the works.
17. The contractor shall have to maintain an......ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a......on 22 of the Ordinance. On the basis of the said list the Registrar prepared a further list of voters.
3. The Employees Union then preferred Writ Petition No.2 109 of 1995 calling in question the legality of the letter of the Registrar of Trade Unions, Chittagong, dated 13 September 1995 and the..
Category: Labour and Industrial Law | Date: | Hits: 163
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....the alternative remedy provided in a particular case is not adequate and effective, then, such discretion can hardly be interfered with. But in the cited case the High Court Division did not apply properly their mind as to the law and facts of the case and it misconceived the whole matter as to ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ......to the Vice Chancellor and Chairman of the Syndicate of the University on 1-1-94 condemning the action of the respondent for having the fund audited, demanded his punishment and rejection of the illegal audit report and also demanding apology from the respondent to professor Anwarullah Chowdhury..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......inal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ………......urt Division we hold that the TI parade has become meaningless and no safe reliance can be placed on the same. The courts below failed to appreciate the facts and circumstances of the case and the legal position and wrongly held these appellants guilty of the offence punishable under section 395..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ported in: 52 DLR (AD) (2000) 1. ......he appellants and Mr. Mahmudul Islam, learned Attorney-General appearing on behalf of the respondents. 6. What emerged as a common ground between the parties and what we consider to be the correct legal position is that a customs duty is levied for two purposes and for giving protection to local ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....fore cancelling his licence on 26-2-94 but since there was no specific allegation of fact or, at any rate, the brief allegation was so vague that there was no opportunity for the respondent to make a proper representation of his case. Mr Ahmed submits that serving of a mere notice without tangible a......D) (1997) 177. ......up of 223 recruits. Thereafter the respondent received memo dated 24-7-93 whereby the Ministry purported to warn the respondent against involving itself in the alleged activities of sending workers illegally to Malaysia along with another recruiting agent; then suddenly by office order dated 15-9-93..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitioners ......gh Court Division seeking for a direction that the said proposal for recruitment without reservation for the promotees and direct recruits in the ratio of 2:1 was without lawful authority and of no legal effect and also praying for a direction upon the respondents to comply with the recruitment ..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....act of value of Taka 13,60,000.00 for piping and ducting work at the same site. At that time respondent No. 1 was a clerk in the petitioner’s company and was entrusted with dominion over the property of the company at BTV Auditorium construction work site. Respondent Nos. 3, 4 and 5 are th......p;…………………… Petitioner Vs. Abdur Rahim and 4 others………………….. Respondents ......ticed. 6. The petitioner appeared in person with the leave of the Court and as it generally happens in a case of personal appearance, the Court hears more of emotional outpouring than legally available argument. He complained about his harassment in the hands of respondent No. 2 at ..Category: Criminal Law | Date: | Hits: 93
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....posal of these appeals tie that, the appellant company, incorporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooper......r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-......conclusion of the High Court Division is factually incorrect, inherently contradictory and theoretically untenable. It is not correct to say that the Tribunal did not consider the Circular and its legal effect. The High Court Division did not notice the following observations of the Tribunal: ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....r withdrawal and, as such, the accused persons have no right to file an application for withdrawal under section 494 of the Code of Criminal Procedure. Apart from this the Tribunal after recording proper reasons have refused to accord consent for withdrawal of the case and, as such, no lawful gr......Supreme Court Appellate Division (Criminal) ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners &n...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners ......77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed that as per memo of the Board of Revenue dated 21-6-77 and as per ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....d case cited by Mr. Rafiq-ul-Huq is the case of Swordheath Properties Ltd. vs. Tabet and others, (1979) 1 All ER 240, wherein it was held that where a person remains as a trespasser on residential property the owner is entitled to damages for the trespass without bringing evidence that he could ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......uo;s initiative in setting up a ship-breaking yard near their yard and turned inimical towards the plaintiff. With a view to causing loss to the plaintiffs business the defendant-appellants most illegally, wrongfully and forcibly beached one ship named ‘Banglar Kheya” belonging to/or..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....were not known and as he had failed to possess, occupy, manage or supervise the disputed building when President’s Order 16 of 1972 came into operation the, disputed building became abandoned property under the provision President’s Order 16 of 1972 and vested in the Government free ......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………......ting at naught the decision of a court of facts. (iii) The impugned judgment is untenable because it failed to consider some vital facts. namely, that the writ petitioner had not taken any legal steps even though the Government have been admittedly in possession of the building since 12...Category: Property Law | Date: | Hits: 89
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....irable and has a corroding effect on the administration of justice itself. For the present purpose, we would only say that some unacceptable principles have been laid down and there has not been a proper disposal of the appeal at all. We therefore propose to make an order of remand and not indul......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m......d reliance upon an unknown book for the purpose of giving decision on the basis of the nature of injuries’ alleged to have been found on the deceased, was not basically wrong. 15. The legal basis for consideration of books of reference by Courts is provided in sections 57 and 60 of ..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....ntly transferred the same to the defendants by means of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assistant Judge, Third Court, Kapasia dismissed the Suit o......51 ......ned had opportunities to appear but refrained from doing so. Secondly, no suit can fail by reason merely of non-joinder of parties. Order 1, rule 9 of the Code of Civil Procedure makes this legal position clear. Thirdly, the general rule that all the joint properties should be included in..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....ithout deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners......97) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
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