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Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......sed by the Chief Martial Law Administrator. 3. The notification was impugned before the Administrative Tribunal in Case No. 148 of 1985 which declared the notification to be void and without jurisdiction, inter alia, on the ground that the CMLA was not competent under the Rules to pass th..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....d others were his victims. The sudden revelation that the local operator of terror had widened his area of activity and also included the highest law officer of the country in his hit list remains totally unconvincing because no reason whatever has been given as to why the terror of Kotalipara w......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......t there were sufficient materials to support the ground of detention of the detenu. The Constitution having prescribed that it is the satisfaction of the High Court Division alone while exercising jurisdiction under Article 102 of the Constitution, it is the Court alone which is bound to conside..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......vision for fixation of priority among them. As such no specific provision was made in the Non-Agricultural Tenancy Act requiring co‑sharers to be added as parties. He also submits that in the absence of any provision as to who may be added as parties in a proceeding under section 24, the p......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... own and invested a huge amount of money in this enterprise, its interests are directly affected by the High Court Division's finding that 'majority shareholders are Bangladeshi nationals'. Of the total 2,48,724 shares, he has pointed out, respondent Nos. 2‑4 held 1,10,000 shares represent......ts that mere availability is not enough, the availability must be "to control and manage" their concern. But that is a requirement of the second situation of APO No. 1 of 1972 and in the absence of a Notification under APO No. 1 of 1972 the respondents do not have to carry that much bu......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
.... inability to return earlier. This is by no means an instance of habitual absence without leave. It is a past and closed transaction, he submits. With regard to charge No. 2 he submits that it was totally wrong to say that the respondent was charged for gross misconduct and that an enquiry was h......ppointment unless he returns within 10 days of the expiry of his leave and explains to the satisfaction of the employer his inability to return earlier. This is by no means an instance of habitual absence without leave. It is a past and closed transaction, he submits. With regard to charge No. 2......Mr. Rafique‑ul Huq, learned Counsel for Eastern Bank Ltd, submits on instruction from his client that Eastern Bank Ltd. will be bound by the decision in this appeal as it has submitted to the jurisdiction of this Court by a voluntary substitution. 4. Mr. Asrarul Hossain, learned Cou..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
.... any disturbance or rigging by the Presiding Officer or the Returning Officer, then the Election Commission has no power to interfere, cannot be taken for universal application. If, for instance, the total number of votes cast in a Centre exceeds either total number of ballot papers issued to the Ce...... was corresponding to Rule 70 of the Union Parishad Election Rules: after repeal of Rule 68 the question arose in that case as to the extent of the Election Commission's power to direct repoll in the absence of rule 68. The Court after reviewing the previous decision found that the Election Commissi......e ground that when election was held peacefully and no disturbance resulting in the stoppage of poll and requiring fresh poll was reported by the concerned authorities, the Election Commission had no jurisdiction to interfere in the matter. This contention has been accepted by the High Court Divisio..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....lots to the applicants. On September 11, 1989 plot Nos. 49, 49A, 49B and 49C were allotted to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was r...... proceeding under section 561A of the Code of Criminal Procedure. 17. In all the petitions the common contention is that the petitioners cannot be called upon to answer a charge of abetment in the absence of a specific provision for punishment for such an offence in Act II of 1947. More so, where......e aforesaid order dated May 4, 1992. 9. It is contended that the Senior Special Judge having taken cognizance of the offence only under section 5(i)(d) of the Act, the learned Special Judge had no jurisdiction to frame a further charge under section 5(i)(c) of the Act which amounts to taking fres..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......however, signed by the Chairman and the two Members. 6. The appellant contends that after pronouncing the decision on June 12, 1989 the Appellate Tribunal became functus officio and had no jurisdiction to review its judgment and that the Appellate Tribunal, not being a civil Court, had ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......mmer Vs. Wellington Corpn. (1884) 9 App. Cases 699. But the husband's claim here is to a share of the property and his money claim in his plaint is only a qualification of that. Plainly, in the absence of agreement with the wife (and none is suggested) he could have no monetary claim against......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......ns of the Dhaka High Court beginning from PLD 1953 (Dhaka) 183 and as followed later on in the High Court Division. The learned Advocate has not been able to cite any contrary decision from our own jurisdiction although there are contrary decisions of other High Courts. In such circumstances we ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......il the same property under section 144 Cr.P.C. against her and her son. The Officer‑in‑Charge, Motijheel PS was directed to enquire and report, but as the suit property was outside his jurisdiction the matter was put up again on 20.1.79 before the SDO (South), Dhaka who directed defe..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......no legs to stand. Section 141 CPC provides that the procedure provided in the CPC in regard to suits shall be followed, as far as it can be made applicable, in all proceeding in any court of civil jurisdiction. 7. Mr. Moksum‑ul-Hakim next submits that the High Court Division erred i..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....for confirmation of possession, and for permanent injunction restraining the Government from giving lease of the suit land to any one. 2. Admittedly, CS Plots Nos. 10714, 10715 and 10716, in total 1.35 acres of the lands, described in schedule 'Kha' to the plaint, are recorded in the name ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......74 and it had a chequered career. When the case records reached the trial Court on 25.1.86, the plaintiff was not available and it appears that all subsequent orders were passed by the court in the absence of the plaintiff including the order of rejection of the plaint dated 5.4.86. The trial Co...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....Tribunal under section 25B of the said Act and after trial he was rightly convicted under section 25B of the Act. The addition of the words "read with section 156(8)" in the charge is superfluous and totally unnecessary. This addition has not affected the Tribunal's jurisdiction to try the offence. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ...... that this appeal by the State should be allowed. 1, however, like to add a few words in connection with the respondents contention that the trial was vitiated by mis‑joinder of charges and want of jurisdiction of the Tribunal in trying a schedule offence along with a non‑schedule offence. 2..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....tiguous owner had no right under the Tenancy Act. Under section 90 of the State Acquisition Act, no person shall be entitled to purchase or otherwise acquire and quantity of land which added to the total quantity of land already held by him for self or his family exceeds 125 bighas. In the pre&sh......ngal Tenancy Act he must show that the respondent was notified. There is nothing in the Bengal Tenancy Act wherefrom it can be said that parties concerned mean the recorded tenants, and in the absence of any such definition or explanation of the word "concerned" the claim of the re......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ...... was repugnant, inter alia, to the commerce clause of the Constitution of the United States as well as the 14th Amendment. The relief asked for by the plaintiffs was refused, on the ground of absence of standing or locus standi. The Supreme Court observed: — ......the Supreme Court from examining the propriety of the certificate on which the appeal was based. The learned Chief Justice was of the opinion that this would lead to the absurd conclusion that the jurisdiction of the Supreme Court was subject to control by the High Court. In his supporting judgm..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....ule, being Criminal Revision No. 813 of 1968. 5 The High Court took the view that the order of the Magistrate was vitiated by reason of the following defects:— (1) that the total amount of maintenance awarded was in excess of the total of Rs.400/- allowable by section 48......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......nbsp; Begum Hamida and their children. 11. It may be observed that neglect of refusal to maintain, may be express or implied. It may also be inferred from the conduct of the person. To give jurisdiction to a Magistrate it is not necessary to prove express refusal to maintain the wife..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......nd 439 of the Code by the learned Judges of the High Court Division in interfering with the order of the Sub-divisional Magistrate directing the detention of the respondents was illegal and without jurisdiction inasmuch as the assumption upon which the impugned order was passed that the order of..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......at the police report, i.e., the charge sheet should have set forth the nature of the information received against the accused. We are also of the view that, though it does not involve a question of jurisdiction, it is of utmost importance that the charge sheet should contain a factual statem..Category: Criminal Law | Date: | Hits: 63
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