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Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990.......ts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public servant in a departmental proceeding which is also governed by law. Before that, it is to be determined whether a fresh departmental proceeding is at all barred af..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......stries, to assist and involve small manufacturers in the development of shoe business and to offer to the customers good quality footwears of given specifications. 3. The respondent's case is that according to the provisions of Notification No. SRO-225-L/83/94-Excise dated 30.6.83 the Ministry of...... from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving a strained meaning to the term "manufacture" and directing the respondent to pay the excise duty on footwears not mecha...... deposited on 31st July, 1985 a sum of Tk.24,66,088/45 paisa as outstanding dues and accepted the legal position as enunciated by the Board of Revenue without challenging the same before any Court of law; and by applying its trade mark on articles produced by other manufacturers the company abused i..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ...... (AD) (1990) 192. ......ee. The informant party resisted them as a result of which the accused persons could not take away the coconut tree and on the date of occurrence the accused persons along with others by forming an unlawful assembly came to the house of the informant to take away the coconut tree. The informant, his..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......ght. It seems that, in general, where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the party who gav...... January 11, 1990. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the la......istration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the contract of sale can not debar a pre-emptor from pre-empting after the transfer had become effective under law. The question of waiver of the right would arise only after the registration of the kabala. Th..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......ame could very well be used as evidence against them. He, therefore, found that the prosecution had been able to prove the alleged offence of dacoity against the confessing accused (except one) and accordingly convicted them (six persons including the appellants) under section 395/397 Penal Code......he appeal is allowed. The Evidence Act, 1872 (I of 1872), section 80 The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 364 Practice & Procedure It was injudicious to rely upon confession without calling the magistrate as a witness. The accused have been denied th...... in the order of conviction based on the confession alone and accordingly, the appeals were dismissed. 6. Leave was granted to consider whether the conviction of the appellants was well-founded in law in the absence of any other evidence whatever except their alleged confessions which were subjec..Category: Criminal Law | Date: | Hits: 49
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......from Khamar Magura Government Primary School to Shahaberkuti Aftadia Madrassa in Daldalia Union and from Bajra Paschimpara Dakhil Madrassa to Bojra Paschimpara Maktab in Bazra Union. Polls were taken accordingly on the following day in spite of objection raised by some of the contesting candidates......ds) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensa......e of place. The High Court Division after hearing the parties discharged the Rules. We granted leave on the same grounds as were agitated in those petitions and, in addition, a ground for malice in law was included, that is, whether the Returning Officer acted in willful disobedience of the Electi..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....ard of Directors as required under the said rules, the whole proceeding was vitiated and this aspect of the matter was ignored by the learned Judge of the High Court Division causing a failure of justice. 5. It appears that the aforesaid submission was fully considered by the learned Judge of......ed Judge of the High Court Division. It has been observed "But there is nothing in Rule 42 to show that the Enquiry Officer should be appointed by the Central Board of Directors. What is necessary, according to the rule, is that the competent authority obtain an independent report in the case in w...... Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......and another…………………………………………....Appellants Vs. The State...............………………………………………...............Respondent Judgment October 31,1989. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
.... accused had demanded the share of their mother's property and for that বিরোধ সৃষ্টি হইয়াছে that the appellant was a freedom-fighter and so he could not suffer any injustice, that in 1974 the informant had purchased lands from some people by tricks and it was the ap......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his two brothers who were unar...... the argument was that the appellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contention and held that the "action of the appellant in this case..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... not exceeding 500 metric tons of sugar and the shipment of sugar must be made within 15 days from the date of opening the letter of credit. Time is, however, extended till 31st October, 1984 and accordingly shipment date was also extended upto 10th November, 1984. This was, however, revised e......s also Reported in: 42 DLR (AD) (1990) 167. ...... sought to be given by the Collector of Customs of section 30 of the Customs Act was not tenable. Rule was accordingly made absolute and leave was granted as aforesaid for considering the points of law involved under the Customs Act. 7. To follow the matter chronologically few dates are importa..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......n the period between 26th March, 1971 and the commencement of the Constitution, all powers exercised and all things done during the period "are declared to have been duly made, exercised and done according to law." 12. Hence the High Court Judges (Terms and Conditions of Service) Rules, 1972 ......r words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of the Income Tax Act cannot control the Preside......t cannot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In th..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper j......riminal Procedure then an order for writing a proper judgment may be necessary and desirable, but ordinarily when the entire matter is open to the first appellate Court and it is required under the law for that court to assess the evidence independently and to record its own findings then merely b..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, ......ambit and protection of section 7(2) of the Non-Agricultural Tenancy Act, 1949, which is as follows: "7. Incidents of certain Tenancies. — Notwithstanding anything contained in any other law for the time being in force or in any contract. (1)..........................................Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......r Rahim and Others.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though d......y for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of e..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......nd although such post was abolished by the ministry of manpower yet the sachib committee in the meeting held on 17.03.2003 did not find any reason to transfer those posts to the revenue budget and accordingly refused to accept the proposal of the Administrative ministry to absorb the writ petiti...... A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney General with him), instructed by Ahsan Ullah Pat......urt Division do not call for any interference. 19. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand submits that the learned Judges of the High Court Division erred in law in failing to consider the fact that as the writ petitioners' appointment was time bound under..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......haka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Dr. ......d as such in an application which itself lacked maintainability, the High Court Division passed the impugned judgment and order at the back of the petitioners and thereby committed an error of law. The learned Attorney General then referred to the following observation of the High Cour..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....is seniority. If the writ petitioners succeed in their case, the Administrative Tribunal has the power to order for promotion with seniority and thus it is open for the writ petitioner to get justice from Administrative Tribunal in due course, though it may take time. Time factor cannot be ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......adud Bhuiyan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record-For Respondent No. 53 Not represented-Respondent Nos. 1-52 & 54-74 Civil Petition for leave to Appeal Nos. 52 of 2005. (From the Judgment and order dated 14.12.2004 passed by the High ......n challenged the said notification dated 14.12.1998 before the Administrative tribunal, Dhaka in Case No.344 of 1998 on the ground that retrospective seniority given from 20.01.1991 was unlawful and the Administrative Tribunal allowed the case against which Government unsuccessfully pr..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......;…….Appellants Vs. Md. Jahurul Islam Chowdhury and other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61;......on used to possess the land of 'Kha' and 'Ga' schedule through bargaders, that after the death of Tofazzal his wife Khatemon was living in the house of Izzatullah Chowdhury as his daughter-in-law, that Izzatullah Chowdhury died in Magh, 1366 B.S., that a year before the death of Izzatullah ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......P. S. Case No. 28 dated 09.01.2002 was started under Sections 9(1) and 10 read with Section 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and after investigation charge sheet was submitted accordingly and the case being sent for trial the learned Judge of the Tribunal framed charge......yers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High ......s submitted accordingly and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petitioner and others under the aforesaid provision of law. 3. The petitioner filed application under Section 561A of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passed by the Hi......he High Court Division without considering the same most erroneously observed that the trial was held without jurisdiction; the High Court Division in any view of the matter committed error of law in not sending the case to the proper Court on remand for proper trial in general criminal Cou..Category: Procedural Law | Date: | Hits: 100
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