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Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....edy, it would not bar the exercise of power under section 151 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that (he provisions of the Code are generally meant to serve the ends of j......llant who is prosecuting the litigation and in this view of the matter the High Court found no illegality in proceeding with the appeal. The contention of Mr. Moinul Huq on this point does not accordingly appear to be tenable. In the result the appeal stands dismissed without, howeve......ury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: Brig Indar Singh T. Kanshi Ram, 44 Indian Appeals 218; Piyaratana v. Paharke, 4 D...... of abatement of a suit or appeal amounts to a decree which can only be set aside on appeal or on review under Order 47, rule 1 of the Code and tried to impress upon us that the High Court erred in law by interfering with its own order of abatement without any petition for review under Order 47, ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ned Regulation would, therefore, seem to elude the sway of the Courts concerned as this Court is with the interpretation of laws in resolving rival claims, it can hardly lay any claim to administer justice in the abstract. Justice according to law is what is administered and law may not always n......t of the powers of the Executive Government under the various Proclamation and he particularly referred to Clauses (d), (e) and (g) of the Proclamation issued on August 20, 1955. These provisions, according to him, have considered ample powers on the authority to enact a legislation of the type ......f Bangladesh Ministry of Industries, Dacca and others…………. Respondents (In Civil Petition No. 305 of 1977) Judgment January 4, 1978. Cases Referred to- 27 DLR, 64, 170, 428; 1953 SCA 53, 1963(2) SCA 1 at p. 21; PLD 1957 SC 9 at p. 41; (1969......e Abandoned Properly (Control, Management and Disposal) Order (P. O. 16 of 1972) and that the public notice dated August 8, 1973 in so far as it relates to it has been issued without any lawful authority. 3. Before these two petitions could have been heard a preliminary que..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....ower of the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 21. On a number of occasions this court indicated the scope of the High Court Division ......nst the petitioner under section 138 of the Act as the cheque has not been returned by the bank with any remark as to having insufficient fund but with the remark "refer to drawer" and, as such, according to the learned Advocate, it cannot be said that the cheque has been dishonoured to come wi......etitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been r......alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 23. This is not a case which is barred by any law nor this is a case in which the contentions of the complaint, even if admitted in its entirety, ..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......-Record—For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-5. Criminal Petition for Leave to Appeal No. 550 of 2006. (From the judgment and order dated 30-7-2006 passed by the High C......e judgment passed by the learned Sessions Judge and directed the learned Magistrate to proceed with the case on taking proper step in the case on the basis of materials on record in accordance with law. The learned Advocate submits that both the learned Sessions Judge and the High Court Di..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......(AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by the High Co......tioner. 2. Brief facts are that the respondent No. 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valu..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....cle 102 for the enforcement of the rights conferred by Part III of the Constitution. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of......ct No. XX of 2000 and the said post together with the posts of Appraiser, Preventive Officer and Intelligence Officer have been shown under the same serial number abolishing the old setup and accordingly, the alleged transfer of the respondent along with other officers of the same category .........................Respondent Judgment November 30, 2004. The Constitution of Bangladesh, 1972, Articles 133 and 136 The Non-Cadre Class I and II Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section ......toms Excise and VAT) Appointment and Service Terms and Conditions Act of 2000 being Act No. XX of 2000 to be violative of Articles 133 and 136 of the Constitution and, as such, illegal and without lawful authority and consequently, the impugned order No. 7(2) Shu-Va:Pro-3/2000/613 dated 20-8-200..Category: Constitutional Law | Date: | Hits: 133
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. ......, that consequently the informant encountered difficulty in the requisite progress of the project, that in July, 2000, Sheikh Fazlul Karim Selim pressurised them that if the informant did not pay him according to his demand then he would cause obstruction to the informant in recovery of their bills ......gment 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 ......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)
....itional Judges of the High Court Division not for adjudication or to make it open to public, rather the same was called for, for its satisfaction, proper adjudication and also for ends of justice. 18. He further submits that though the Court cannot compel the Government to prod......the Chief Justice and on 23rd February 2003 the fact of recommendation by the Chief Justice appeared in the newspaper that they having been found to be fit for appointment as Judges were accordingly recommended. But the President did not appoint them without giving or communicatin....... Shamsul Huda and others..................Respondents Judgment March 18, 2008. The Evidence Act, 1872 (I of 1872), Sections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is pr......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
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....nbsp; appearing for the petitioner, argued that learned Judges of the High Court Division having failed to consider the materials which resulted in an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Judges of the High Court Divis......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......yers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by the High C......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....o convert or treat the counter-claim as a plaint in a cross suit. To hold otherwise would be to erect what in substance is a mere defect in the form of pleading into an instrument for denying what justice manifestly demands. We need only add that it was not suggested that there was anything in O......e amended rule 6A, the Appellate Division in the above decision held that what is latent in but covered by the provisions of Order VIII, rule 6, CPC are made express by the aforesaid amendment and accordingly, the High Court Division fell in error in holding that Order VIII, rule 6, CPC does not......er 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………….(7) Cases Referred to: Unite......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. ......ourt Division arrived at a wrong decision relying on the earlier decision in Mustafizur Rahman's case. Therefore, the judgment under appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Report......1. ...... 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)
.... 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. ......ging housing of 8000 dock sramiks, also had the plan for providing other facilities to the dock sramiks such as school, play grounds, park, community centre, hospitals, etc to the dock sramiks and accordingly, the above 10 acres of land already acquired having not been found sufficient for the a......perty Ordinance, 1980 (II of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisition, the High Court Division was not justified in direct......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. ...... PWD Division asked the writ petitioner in 5 separate letters dated 18-3-2004 (vide Annexure-C series to the writ petition) to deposit the bid money in respect of 5 items only. The writ petitioner accordingly, deposited the bid money. But the writ petitioner was surprised to know that the writ r...... others .................Respondents Judgment January 21, 2008. 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 four......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)
....ictions under these orders." This Court in that case further held "that the provisions of the said two Articles are very extra-ordinary and they are likely to entail unnecessary hardships and injustice in some cases but such consideration should not deflect a Court from its duty to interpret l......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. ...... another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another…..Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor......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)
....iff No. 6 as a clerk of the said school is illegal. Although no leave was granted on this point this Court allowed the learned Advocate for the appellants to argue the same to ensure complete justice. It is argued by the learned Advocate for the appellants that the status quo order dated 23......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. ......ary 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of ext......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)
....here the High Court Division if satisfied either (1) that an order passed under the Code would be rendered ineffective, or (2) that the process of any Court would be abused, or (3) that the ends of justice would not be secured, that the High Court can exercise its inherent power ex debitio justi......ers to show cause as to why activities for pro-hartal and anti-hartal should not be declared as cognizable offence and the Criminal Courts and the police should not be directed to take action accordingly. 4. The appellant and the others appeared in the said Criminal Miscellaneous Ca......ip;……………….......Respondents Judgment 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 Hi......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. ......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. .......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, Assistant Attorney General, with him) instructed by Ahsanullah ......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)
....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. ......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. ......manent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same to Abdur Razzaque by the kabala dated July 26, 1960 and said Abdur Razzaque sold the land so purcha...... 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. ...... writ-petitioner for being appointed in the post of Engineer and Ship Surveyor he had not the requisite qualification to apply in Grade-I but he had the qualification to apply in Grade-II and accordingly the Public Service Commission recommended appointment of writ-petitioner in Grade-II an...... 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: ......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)
....spect of the imported goods considering the prices of the goods in various foreign countries lest there is no arbitrariness as to the assessment of the value of the goods either causing injustice to the importers or for the sake of convenience to the assessing officer. Obviously, t......e the goods on 5.7.1994 and 12.7.1994 respectively. The Government, however, fixed tariff value of the CP sheet at US$ 1800/- per metric ton vide SRO No.214-Ain/93/1527/Shulka dated 28.10.1993 and accordingly assessed the duties and taxes ignoring invoice value of the appellants' goods-at US$ 2.......p;…………………………………………………….Appellant Vs The Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the ca......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
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