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Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......ent; (ii) removal from any office of distinction or special emolument; (iii) entry of black mark against his name according to regulation 874; (iv) censure or reprimand; and ......dgment June 8, 2000. The Police Regulations of Bangladesh, 1940, Regulation 858 Under regulation no 858 (a)(1) Inspector General of Police may remove or dismiss a police officer and under regulation 858 (a)(2) a sub......ons in the remaining clauses are not necessary for the disposal of the appeal). Section 3 of the Ordinance runs as follows; “3. Ordinance to override all other laws, etc.- This Ordinance shall have effect notwithstanding anything contained in any law, rule..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......for the parties to effect the compromise for greater interest of both the parties, and the parties may proceed with the proposal of the compromise and ultimately the compromise may be given effect to according to the terms and conditions to be settled between the parties. In this view of the matter,...... in: 54 DLR (AD) (2002) 111.
......ion of the houses and structures of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without lawful authority and is of no legal effect; and why they shall not be directed to re-erect restore/r..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......at because of presence of several other reasons she having had felt necessity of money decided, to alienate the property of the said document, that is property No.1, and she alienated the property accordingly. The law is now settled that a Hindu widow having limited interest in the land of her h......(Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The l......ta dated 24th March, 1944 (Exhibit B) executed by Beloka Sundari. It has also been averred by the plaintiff that Beloka Sundari in the absence of any necessity of money for the purpose for which in law she could make transfer of the property left by Narayan Chandra, son of Balaram Chandra had tr..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....ng after 23 days but during these days also he did not mention the name of the petitioner as his assailant and, as such, the learned Judges of the High Court Division caused serious miscarriage of justice in affirming the conviction and sentence of the petitioner. He further submits that the Hig......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depends upon whether they are so related to one another in p......of two persons being violative of the mandatory provision of section 233 CrPC and consequent thereupon petitioner having been seriously prejudiced his conviction and sentence is not sustainable in law. The case of the prosecution is that the petitioner along with others entered into the hut wher..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ...... Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list ......ted under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful authority…..(5) Cases Referred to- ..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... effect to the promotion of respondent No. 1 as Assistant Commissioner of Taxes and allowed all attending benefits from that date. The Government was further directed to correct the seniority list accordingly, showing respondent No. 1 as promoted to Assistant commissioner of Taxes on 15-7-1985. ...... instructed by Md Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-4. Mahbubey Alam, Additional Attorney-General, instructed by Sharifuddin Chaklader Advocate- on-Record—For the Appellant (In...... The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who were adversely affected by the order were not brought before the court..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......resaid decision. In view of the clear decision by this Division we hold that the High Court Division committed gross illegality in passing the aforesaid orders. The appeals are accordingly allowed without cost. The impugned orders passed by the High Court Division on 16...... Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power&helli......bsp; M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appraisers from..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....e High Court Division in revision could interfere with the concurrent findings of fact the Courts below only on the ground of error of law resulting in an error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not li......nthly tenant at a rental of Taka 300 per month as per agreement dated 15-8-1971. Although the tenancy commenced from 15th August 1971 by mutual agreement between the parties the monthly rent was paid according to English calendar month upto month of September 1973. The premises was also required for...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Santosh Kumar Das .............. Appellant Vs. Hajee Badiur Rahman.........................tion and termination of the tenancy of the petitioner. In view of the facts and circumstances of the case and for the reasons stated above, the judgment and decree complained of are not tenable in law. They, therefore, are set aside and the suit of the opposite party dismissed.” 4. There..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......5-12-2000 and 18-12-2000 considered the matter and accepted the bid of petitioner (respondent No. 8 in Writ Petition) as substantially responsive acting on the report of the Supervisory Committee and accordingly, decided to open the price bid of petitioner (respondent No. 8 in Writ petition) as subs......sh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making author......Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful authority and the result of the price bid opened on 21st September, 2000 be declared acceptin..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ...... The Code of Civil Procedure, 1908 (V of 1908), Orders I rule 10 & Orders XXII rule 4 Since no Estate has been left by the father to which the petitioners have succeeded on his death, they do not come within the ambit of legal re......them can neither be allowed under Order I rule 10 or under Order XXII, rule 4 of the Code of Civil Procedure and the learned appellate Court below, misdirecting himself on a total misconception of law and facts erroneously allowed the application filed by the opposite parties for adding them as ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......d. In that view of the matter we find no force in the submission made by the learned Advocate for the petitioner. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD......, 2001. The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance ...... for the house of the Convict petitioner but on way he got information that his daughter committed suicide by hanging. At the same time he also got information that on the previous night his son-in-law, who is the petitioner hereafter, committing murder got the dead body of Sabila hanged with a ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
.... that there is no illegality in the impugned judgment passed by the High Court Division in allowing remand for making amendment of the plaint with liberty to adduce further evidence to secure ends of justice inasmuch as the amendment will not change the nature and character of the suit which is quit......ining the real question in controversy between the parties, as the controversy has already been in the pleading and the parties have led evidence for and against the Hiba-bil-Ewaz and the trial Court accordingly, arrived at its finding regarding Hiba-bil-Ewaz. 15. It is now well settled that tho...... Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the ......gment and order of the High Court are set aside. The High Court Division is accordingly, directed to dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......ly come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cas......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......ly for patent error. 5. We do not find any such patent error in the impugned judgment of this Division warranting review. The review petition is accordingly, dismissed. Ed. This ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......ng Gurupada Das Bairagi as nephew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagi’s name came up as owner and the High Court Division erred in law in introducing him as a SA recorded owner with the result that plaintiff became the owner of th..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....bmitting a list of members of the inquiry committee to the Supreme Court by dropping the names suggested by the Election Commission but with no effect. Thereafter, the petitioner served a demand of justice notice which having not been heeded to moved the High Court Division and obtained the Rule ......ticle 116 of the Constitution. Having regard to the availability of judicial officers the Election Commission was consulted over the formation of the committee to which they raised no objection and accordingly, the committee was formed. 4. The High Court Division after heari......ticle 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committe......nce in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of the election in flagrant violation of the provision of law. Due to the influence of the ruling party people by-election could not be held peacefully whic..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....n 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 Cr.P.C. otherwise it would cause miscarriage of justice to the great prejudice of the accused….(10) Cases Referred to- Mizazul Islam @ Dabl......r illegality in the impugned judgment and order. The learned Additional Attorney-General also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......Respondents Judgment August 16, 2001. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 Cr.P...... accused Salim taking victim Salma to his house alluring with a mango in his hand, the prosecution has been able to prove the last seen theory implicating the accused the High Court Division erred in law in acquitting the accused. The learned Additional Attorney- General has further submitted that, ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....thereby closing/winding up BRAC Bank Limited which has been incorporated and whose permission to start banking has been given long before filing of the writ petition. He submits that the demand of justice notice was issued on 11-12-1999 but by that date everything was complete and nothing was le......r failed to show as to how the right of any vulnerable and socially disadvantaged class of person was infringed for which judicial protection was sought in public interest. In the present case even according to the writ petitioner as pointed out in paragraph 20 of the writ petition only those pe...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved t......its fund with the object of getting more money for spending in charitable purposes……………………..(26) ii) There is no bar in the law in investing foreign donations in income generating activities….........(30) ..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
....ainable in law. He further submits that the principles governing a case based on circumstantial evidence were not correctly appreciated by the High Court Division which has caused a miscarriage of justice. 9. Admittedly, there is no direct evidence about the appellant’...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......99. The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond al......eal was thus allowed in part. 8. Counsel for the appellant has urged before us that the evidence being purely circumstantial and doubtful the conviction was not sustainable in law. He further submits that the principles governing a case based on circumstantial evidence were ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......ip;Respondents Judgment July 29, 2001. The Industrial Relations Ordinance, 1969 (XXIII of 1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or un......nance, 1969 (XXIII of 1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law. Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader A..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......was the resident doctor when Bakul Bibi was admitted to Comilla Modernised General Hospital. In his examine-in-chief DW 1 deposed that Bakul Bibi was admitted to his hospital at 3-45 PM on 7-6-86. So according to the defence the dying declaration of Bakul Bibi at 4PM on that date at Burichong Hospit......hid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and injury caused by other respondent Jahidul Hoqu......deration of this case may appropriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there was unlawful assembly formed by the accused persons i.e. respondents and others and that the common object..Category: Criminal Law | Date: | Hits: 55
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