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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution d......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......tate vs Moulvi Muhammad Jamil PLD 1965 (SC) 681; Maxwell on Interpretation of Statutes, 1962 Edition, pp.212,216 and 217 Crawford on Statutory Construction, 1940 Edition, page 568 and 648, Halsbury's Laws of England, Vol. 36, Third Edition, pp. 423 and 426, Craies on Statute Law, Fifth Edition, pp. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......inion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in t......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......azlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&hell...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... Cases Referred to: United Shipping vs. WH Bennett 36 DLR (AD) 175; United Liner Agencies of Pakistan vs. Ehram Jute Baling 27 DLR (AD) 170; Laxmidas vs. Nanabhai AIR 1964 SC 11. Lawyers Involved: Syed Shahid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. .........Respondent Judgment March 24, 2000. The Customs Act, 1969 (IV of 1969), Sections 25(7) and 30 The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......Cases Referred To- Collector of Customs vs. A Hannan 42 DLR (AD) 167; Mostafizur Rahman vs. Government of Bangladesh 51 DLR (AD) 41; Bangladesh vs. Mizanur Rahman 52 DLR (AD) 149. Lawyers Involved: Munsur Habib, Additional Attorney-General, instructed by Sufia Khatun, A..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......s served upon him except notice dated 16-4-1985 under section 7(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 by which he, being treated as a person interested, was informed that compensation for structure amounting to Taka 5,95,221 had been awarded in his favour an...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ease .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to release the land in question…………….(6) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate-..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ....... Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of the five items is ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... for the same and directing the Government to allow the writ petitioner to take delivery of the remaining items by accepting such negotiated price………….(9 and 10) Lawyers Involved: TH Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-o..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......tates (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184 = 46 DLR (AD) 143; 1999 BLD (AD) 202 = 51 DLR (AD) 162. Lawyers Involved: Anisul Huq, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......gle Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Juni......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... both the Courts below neither compared disputed signatures nor sent them to handwriting expert, the High Court Division was competent to exercise power under section 73 of the Evidence Act. Lawyers Involved: Fawzia Karim, Advocate (appeared with the leave of the Court), instructe..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Crim......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 1997 (Kerala) 291; Myers V. United States, 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In both c..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......07/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the learned Magistrate, Comilla alleging, inter alia, that he was a contractor and got a ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ate, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assis..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......on setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is th......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shadidul..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......ioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1910 of 2002) Judgment: &......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ...... People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-re..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......te Ltd, 1994 PLD (SC) 363; Govt. of Province of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Kho...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Khondkar; Her Majesty the Queen Vs. Burah, 5 Indian Appeals (Vol-V) 178; In re Art.143, Constitution of India and Delhi Laws Act (1912), A.I.R. 1951 (SC) 332. Lawyers Involved: Dr. Kamal Hossain, Senior Adv..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......Amirul Kabir Chowdhury J Badal Chandra Das and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advo..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... Not represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 360 of 2003). Judgment: &...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......ellip;……………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretar..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 pass......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ip;………Petitioner Vs. Md. Yasin Ali and other ……………………Respondent Judgment May 7, 2006. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed b..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......holding by purchase by kabala dated 23.05.1972. The pre-emptor first came to know of the kabala sought to be pre-empted 2nd Jaistha, 1388 B.S. when the labourers of pre-emptee went to the case land for cultivation. The pre-emptor, thereafter, took certified copy of the kabala and filed by t......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......n J Humayun Kabir Khan …………........Appellant Vs Md. Nurul Haque & others ...........Respondents Judgment November 28, 2006. Lawyers Involved: Hurunur Rashid, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-F..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer......ng the appeal. 2. The case of the appellant, in short, is that he joined as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and t...... others..................Respondents Judgment August 9, 2006. Cases Referred To- Monoranjan Mukherjee vs Election Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advoca..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......rt 5,600 sheets of Standard Hard Board, B Grade, from Thailand @ US$ 2.01 per sheet totaling C& F value US$ 11,256.00; that on arrival of goods at the Chittagong Port respondent's clearing and forwarding agent submitted Bill of Entry on February 28, 2000 for assessment of the duties and taxe......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ........Appellants Vs. Mohammad Ali................Respondent Judgment April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Sufia Khatun, Advoca..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by t......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... Mir Kalimuddin and others...................Petitioners Vs. Md. Dukhi Mondal and others…………... Respondents Judgment April 5, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nuru..Category: Property Law | Date: | Hits: 35
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