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Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....ossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 passed by the High Court Division in Writ Petition No. 1871 of 1990). ...... 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. ...... Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 p..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
.... Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No. 320 of 1994. ( From judgment and order dated 12 January 1994 passed by the High Court Division in Writ Petition No. 3693 of 1992) ......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. ......, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machinery the National Board of Revenue shall implement the same and th..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....dvocate-on-Record — For the Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 passed by the High Court Division, Dhaka in Civil Rule No. 282(f) of 1997 Co......s passed in the contempt matter. The purport of the application was to obtain an order vacating the order staying proceedings of the Money Execution Case No.10 of 1993. The application, as already noticed, has been allowed by the impugned order. 4. Moksudur Rahman, learned Advocate for ......te-on-Record — For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record — For the Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 pa..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....tructed by Md. Nawab All, Advocate-on-Record — For the Appellants. Not represented— the Respondent. 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). Judgment......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. ...... Special Tribunal, Dhaka under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentenced thereunder to rigorous imprisonment for 10 years and a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for a fu..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....Sharifuddin Chaklader, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent Nos. 2-3. Petition for Leave to Appeal No. 619 of 1997. (From the Judgment and order dated 29-8-95 passed by the High Court Division in writ petition No. 196 of 1986). Judgment ......t on 7-2-85 submitted his joining report to the Principal of the College, but the College authority did not accept the same. Ultimately the respondent through his Advocate demanded justice by issuing notice dated 14-3-86 upon the College Authority giving reference of the Board’s decision dated 5-1......, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Secti..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Civil Appeal No. 29 of 1993. Judgment Latifur Rahman J.- This appeal by leave by the plaintiff-appellant is against the judgment and decree dated 28-5-91 passed by a learned Single Judge of the High Court Division in Second Appeal No. 48 ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......ist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no con..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....Ali, Advocate-on-Record — For the Appellant. Amir Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 33 of 1997. (From the judgment and order dated June 18, 1997 passed by the High Court Division, Dhaka in Criminal Appeal No. 793 of 1996). ......dge of the High Court Division in appeal remanding the case to the Sessions Judge, Patuakhali for fresh trial as a Sessions Case. 2. The circumstances leading to this appeal may be briefly noticed. The accused-appellant along with 6 others was put on trial before the Nari-O-Shish...... 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there 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 ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....The appellant was Deputy Commissioner Kurigram from 10-5-93 to 16-8-95. He has been convicted by a Division Bench of the High Court Division for contempt of court by the impugned judgment and order dated 23 June, 1997 and sentenced to simple imprisonment for 7 (seven) days and a fine of Taka 1,00......00 in default to simple imprisonment for 3 (three) days more. He has preferred this appeal against the said order of conviction and sentence. 2. Facts leading to this appeal may be briefly noticed to begin with. The appellant by Memo No. 445/1/3(6)/JM dated 8-12-94 made a long report run......onourable court and considering his inexperience as a young Deputy Commissioner sentence of imprisonment and fine imposed on the contemner by the High Court Division was set aside by censuring him for his objectionable remarks against the judicial officers of Kurigram and warned to be careful in..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....vision No. 41 of 1997 and Criminal Revision No. 258 of 1997 absolute and quashing thereby the proceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant fa...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......espondents Judgment January 15, 1998. The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same p..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
..... B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 20 of 1992. (From the judgment and order dated March 20, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 147 of (1991). ......atisfied on the necessity of detention of the detenu. We shall come to this ground later on but at this stage, the view of the other learned Judge, Anwarul Hoque Chowdhury, J on ground No. 2 may be noticed (relevant portion underlined): It is urged that the second ground......ellip;………………..(41) The Special Powers Act, 1974 (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 illegali..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....lants. Khandker Mahbubuddin Ahmed, Advocate, instructed by SH Siddique, Advocate- Record—For the Respondent. Civil Appeal No. 93 of 1999 (From the judgment and order dated 3-3-1999 p by the High Court Division in Writ Petition No. 7756 1997). Judgment &n......he High Court Division while disposing of the writ petition wrongly observed that as the deed of gift is a registered one it has a presumptive value as regards its genuineness which has escaped the notice of the Court of Settlement. The Attorney-General further submits that the High Court Divisi......by leave is against judgment and order dated 3-3- 1999 passed by the High Court Division in Writ petition No. 7756 of 1997 making the Rule absolute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA An..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....te-on-Record- for Respondent No. 1. Not represented—Respondent No. 2 Civil Petition for Leave to Appeal No. 643 of 1999 (From the judgment and order dated 1999 passed by the Administrative Appellate Tribunal in appeal Case No. 51 of 1996). ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......Act, 1908 (Act No. IX of 1908) Sections 4-25, 14, 29(2) The view of the Administrative Appellate tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....I of 1953), Sections 79 & 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the ......no objection was raised regarding requisition in 1965 and the petition suffers from inordinate delay for 34 years and stated that it did not give direction to the petitioners to vacate the land but notices to vacate were served upon unauthorised trespassers who were evicted and that none of the ...... The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ior Advocate (HR Sharif Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 53 of 1997. (From the judgment and order dated 12 June 1994 passed by the High Court Division in Writ Petition No. 1853 of 1989). Judg......n Case No. 2248/74 for the accommodation of Jatiya Rakshi Bahini s river transport establishment. Accordingly, the possession of the property was taken over from the respondent and his tenants. The notice of requisition was served on him. The Jatiya Rakshi Bahini vacated the property on 19 Augus...... Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 7 Although when the writ petitioner had made his application before the Court of Settlement the said Court was not duly constituted, it was so constituted and fu..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....- Record — For the Petitioners. Not Represented-For the Respondent. Civil Petition For Leave to Appeal No. 261 of 1993. (From the Judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 2394 of 1992). ......ment respectively and that against orders appeals of the petitioners were hearing: On 7-5-92 a police force led by respondent No. 2 raided the house and broke open the house without any warrant or notice and entered into the room where those articles were stored thereafter locked the room and se......…………(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 interferes with the right of a citizen to -be secured in..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....Advocate-on-Record—For the Respondent No. 3. Not represented—For Respondent Nos. 1 & 2. Civil Review petition No. 1 of 2000. (From the Judgment and order dated 23-8-1999 passed by this Division in Civil Petition No. 714 of 1999). ......nsideration and that the points involved in the instant case were not decided in the decisions. Further ground for review is that in the Industrial Disputes Act, 1947 there was no provision for any notice similar to that of section 40(2) of the Industrial Relations Ordinance, 69 and that those c...... section 19(1) of the Industrial Act 1947 and has no manner of application to the facts of the present casein which interpretation of section 42(2) of the Industrial Relations Ordinance, 1969 fell for consideration and that the points involved in the instant case were not decided in the decision..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent Nos. 3 & 4. Civil Petition for leave to Appeal Nos. 724 and 726 of 1999. (From the Judgment and order dated 10 May 1999 and 19 July 1999 passed by the High Court Division in Writ Petition Nos. 3388 and ......respondent No. 4 Pubali Bank Ltd. The leave petitioners, namely, Mohammad Yaqub and Habibur Rahman both Directors of the said Bank furnished personal guarantee for payment thereof. Pubali Bank issued notices on 20 August 1995 under section 17(1) of the Bank Companies Act, 1991, hereinafter referred ......ocate (Amirul Islam, Senior Advocate with him) instructed by Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent Nos. 3 & 4. Civil Petition for leave to Appeal Nos. 724 and 726 of 1999. (From the Judgment and order dated 10 May 1999 and..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....or Advocate (AFM Hasan Arif Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 114 of 1999. (From the Judgment and order dated 7-7-97 passed by the Nigh Court Division, Dhaka in writ petition No. 345 1991). Judgme......e of the submission of the bill of entry. This particular case therefore is not a case of change in the exemption granted under section 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) ......Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fi..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....Mahmudur Rahman J.- This petition for leave to appeal by the petitioner (who filed Administrative Tribunal case No. 98 of 1989 of the Administrative Tribunal Dhaka) is from the Judgment and order dated 22-08-94 passed by the Administrative Appellate Tribunal in Appeal Case No. 10 of 1994. ......e found that the charge could not be established. The petitioner alleged that in spite of the said report, the petitioner was found guilty of the charges and he was served with a second show cause notice against the proposed penalty to which he submitted reply-pleading innocence. But by order da...... Lawyers Invoved: Abdus Sobhan, Advocate instructed by SH Siddique, Advocate-on-Record—For the Petitioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 799 of 1994. Judgment AM Mahmudur Rah..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate on-Record—For the Respondent. Criminal Appeal No. 13 of 1999. (From the judgment and order dated 6-8-1998 passed by the High Court Division in Criminal Appeal No. 2439 of 1995). Judg......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......, Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 ..Category: Criminal Law | Date: | Hits: 58
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