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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 ......r of remand made by the lower appellate Court allowing the parties to adduce evidence on defect of party was passed overlooking the earlier order of the trial Court shutting this exercise. In that view of the matter the ultimate order of the High Court Division cannot be taken exception to. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....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 ......gainst an order of dismissal was an individual dispute and not an industrial dispute within the meaning of clause (XIII) of section 2. Without getting into the merit of the decision, we uphold the view, expressed in many other decisions as well, that section 13 of the General Clauses Act cannot ..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 .......86 and restored the suit to its file on payment of Tk. 1000.00 as costs to defendant No, 1. 3. Defendant No. 1 unsuccessfully took a revision before the High Court Division, which took the view that the prayer of the plaintiff was allowed on proper appreciation of the matter on record. ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....es from the Biman. P.Ws 5-7, and thus acted contrary to the rules and practices of the appellate Court. He further submitted that upon a wrong view of the law and the facts of the present case it was erroneously held that the joinder of the scheduled and non‑scheduled offences vitiated the entire ......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. 3. In view of this position Mr. Serajul Huq, learned Counsel for the respondent, has directed his argument..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ...... his bail shall stand cancelled and he shall be taken into custody". We held that the order for conditional bail was illegal and not proper. In the instant case we find no reason to alter our view taken in that case. Mr. B Hossain learned Assistant Attorney-General who appeared for the Stat..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......f 1957. As against the judgment of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in taking the view that there was no proper application for setting aside the abatement. 4. Mr. Mia Abdul ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....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. ......on for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Acquisition and Tenancy Act (hereinafter called State Acquisition Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where..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." ......t would strike it down in termination of the proceeding which had been allowed to commence without any foundation and on a wrong lead". 7. We are in respectful agreement with the above views Article 103 (2)(a) of our Contribution, inter alia, provides that an appeal to the Appellate ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....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. ...... The respondent then moved the High Court under section 439 of the Code of Criminal Procedure and obtained a Rule, 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:— ..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. ......ts has any bearing on the question at issue in this case. 14. The learned Judges of the High Court division exercised the powers under sections 435 and 439 of the Code in this case upon the view that as the Sub divisional Magistrate a creature of section 13 of the Code, he is an inferior ..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. ......es of the case, set aside the proceedings holding that 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 ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......islative powers of the Republic". Obviously, the expression "Legislative powers of the Republic" is of the widest amplitude and admits of no limitation. The Proclamation, in our view, empowered the President designated by it to make any law or legal provision, even of a ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......misconduct of it servants. 4. Upon entering appearance in the suit, consecutively on four occasions both the defendants, by joint petitions prayed for its adjournment with a view to enabling them to file an application under section 34 of the Act and for that purpose..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... which, he maintained, made no distinction between a convicted accused or an accused facing a trial and an acquitted accused. Secondly, the learned Attorney-General contended that in view of the inconsistency or incompatibility between the provisions for bail in section 4..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......tnesses implicating Paltu, namely, PWs, 6 and 9, is what they had heard from PW 2. The learned Judges of the High Court Division felt considerable doubt as to participation of Paltu in the crime in view of this material omission. Mr. B Hossain has referred to the evidence of the Informant (PW 1)..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......as violence was done by some of them of that unlawful assembly, the appellants have been rightly convicted under section 147 of the Penal Code. 7. The material question for consideration in view of the leave granted in this case is whether the learned Judges of the High Court Division ha..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....gislation that gives it power to act, and must not act arbitrarily or capriciously. Nor where a judgment must be made that certain facts exist can a discretion be validly exercised on the basis of an erroneous assumption about those facts, These several principles can conveniently be grouped in two ...... we need not enquire into the meaning of the term 'decision' or to the question what makes a decision judicial or quasi-judicial or whether a lis was to be decided by the notification. The judicial review available in our Constitution is quite wide and free from the ill‑suited straight-jackets of ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......7.87 amended the provisions of recruitment Rule of the Registration in respect of appointment in the post of Muharrars as provided in para 310(b) part VI, of the Registration Manual (Annexure-D) ii view of the shortage of staff and work load in the Registration Department. Then the Government cr..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nd decree dated 29.12.77. Defendants 3‑5 then filed the aforesaid Second Appeal in which the impugned judgment was passed. 5. It appears that leave was granted to consider whether the view taken by the High Court Division that a Government Servant was not entitled to take settlement..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......regularity but it cannot be a ground for interfering with the decision under Article 102 of the Constitution as it cannot be said to have been done without lawful authority". 4. The above views of the High Court Division cannot be sustained. Before passing a judgment ex parte, in absence..Category: Labour and Industrial Law | Date: | Hits: 103
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