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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....sheet could not be obtained by the petitioner in spite of all possible efforts. 11. It was further stated that Rule 19 T of the Emergency Power Rules, 2007 was amended on 8-4-2007 incorporating a provision as to restriction of granting bail in a case of public importance filed up to 8-4-2007 and......nt May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....he proviso to Article 48(3) of the Constitution and the said advice thereunder is immune from enquiry by any Court. 7. Mr. Attorney-General further submitted with reference to the relevant provision of Article 37 of 1956 Constitution of the Islamic Republic of Pakistan and Article 74(2)......upon Rule was issued calling upon the writ respondent to show cause as to why the non-appointment of aforesaid Additional Judges as permanent Judges should not be declared to have been made without lawful authority and why the writ-respondent should not be directed to appoint the writ-petitioners..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....in the case reported in 36 DLR (AD) 175, did not say that sub-rule 6A, which in India was inserted in Order VIII, CPC by amendment, will be applicable in our country, inasmuch as after quoting the provisions of above amended rule 6A, the Appellate Division in the above decision held that what is......urt fees, there are, in fact, two suits in one file for analogous hearing and the withdrawal of one of those does not make the other nonexistent or invalid but without considering this position of law as well as the mandate of sub-rule 2 of rule 6, CPC that "written statement shall have the..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. ...... instant case the bill of entry was presented on 4-4-1993 and the tariff value of the skimmed milk power at that time was US$ 1,750 per metric tonne. The High Court Division committed error of law in directing release and return of the Bank Guarantee which was submitted by the writ petition..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....no authority to issue notice dated 20-9-90; Annexure-B shows that no compensation for land as well as compensation for change of residence have been awarded; the order dated 20-9-90 is hit by provisions of section 11 of Ordinance 1982; 20 acres, out of 24.73 acres of land acquired, being st......ent/appellant No. 1, the requiring body in possession of the land in question having not been made a party in the present writ petition, the judgment and order passed therein suffers from error of law and further the High Court Division was also not justified in directing the writ responden..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. ......respondent No. 2 for the remaining 9 items of the 5th call of tender and also for a direction for issuing work order in respect of aforesaid 9 items; whether the writ Court acted in accordance with law in negotiating the price for the said items between the parties and in directing the writ resp..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....n of Taka 2,40,00,000 to the State and sentenced respondent No. 2 to suffer simple imprisonment for 3(three) years. 9. Leave was granted in Criminal Appeal No. 5 of 2008 to consider if as per the provision of Rule 11(3) of the Emergency Powers Rules, 2007 there is no provision for granting bail ......s and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amount of Taka 5,64,62,947 from Joint Accounts of himself and his father to the accounts of his wife and mother-in-law. 5. On these facts Gulshan Police Station Case No. 26 dated 6-3-2007 under sections 26 and 2..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. ......he finding of the courts below on the point and setting the same aside without any reasoning. Leave was also granted to consider whether the learned Single Judge of the High Court Division erred in law in failing to appreciate and consider that the dissolved managing committee had no a..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....recognized right is a political issue which cannot be resolved in a court of law, nor this right could be restricted or taken away by an order of any court by way of interpretation of any existing provision of the Penal Code. 8. The learned Attorney General appeared in the rule on behalf......s offence? Hartal accompanied with force or violence or threat of force or violence is not only illegal but constitutes cognizable offences punishable under the Penal Code and other penal laws of the country…………….(44) Cases Referred To- ..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. ......ket and the learned Magistrate sent it to the police who recorded the same as First Information Report and thus Moradnagar P.S. Case No. 8 dated 22.06.2002 was started under the provisions of law as mentioned above and that the accused respondent being unsuccessful in getting bail from..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....uly 26, 1960, that defendants' contention that there was an inadvertent mistake of the scribe as regard the mentioning the plot No.8275 in the deed of reconveyance cannot be accepted because of the provision of section 91 of the Evidence Act and that acceptance of the contention of the defendants...... 91 of the Evidence Act and that acceptance of the contention of the defendants negating the contents of the document Ext. 1 and reading something in Ext. Gha (2) would be the violation of the law as in section 91 of the Evidence Act, that the finding of the trial Court that because of the m..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. ......pointed in Grade-I and that he had only the qualification for being appointed in Grade-II and as such the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law." This Court did not find substance in the contention of the petitioner that he was senior..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....e Country since 1976 and with that end in view has introduced the SRO No./214 dated 28.10.1993 in respect of the import in question but the tariff value determined by the Government under the provision of section 25(7) is excessively higher and has no nexus to the international market price......nvoice value of the goods being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets) alleging that such arbitrary fixation of tariff value has been done without lawful authority and no legal effect. 2. The appellants as the importers opened the letters ..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. ......f the defendant, the plaintiff cannot succeed in the suit, the High Court division totally failed to consider that aspect of the case and decreed the suit on mere presumption thereby erred in law. 7. Mr. Sultan Ahmed, the learned Counsel appearing for the respondents has, however, su..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. ...... 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. ..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. ......ian No. 160 was finally published on 6.05.98 i.e. long after the transfer of the case land to O.R No.1 i.e. at the time of transfer of even at the time of entry in volume of the case land is in law a part of S.A. plot No. 40 of S.A. Khatian No. 13. In law it cannot be said that the case land..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. ...... he derived his knowledge about the kabala sought to be pre-empted on 2nd Jaistha, 1388 B.S. 9. In view of the discussion made above, we are 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 a..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. ......e appeal as a whole was dismissed and thereupon AT Case No. 66 of 1997 was dismissed. 6. Leave was granted to consider the submission that the Administrative Appellate Tribunal erred in law in setting aside the judgment of the Administrative Tribunal against which the aggrieved p..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. ......f invoice value. 3. Leave in the appeal was granted to consider the submissions of the learned Additional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed b..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. ......ate Court having scrutinised all the materials on record carefully came to the right conclusion that the exchange deed Exhibit A is a bonafide document. Therefore, the High Court Division erred in law in holding that no fraud was practiced by the plaintiff-respondent. We have considered t..Category: Property Law | Date: | Hits: 35
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