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Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....e said decision. 8. We have considered the decision of the Full Bench and thought it advisable not to express any opinion as to the soundness of the proposition laid down therein in that the facts of the present case tire so much materially different that the said proposition has no bearin......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ......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 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....he detenu and his inhuman activities went up to uprooting of two eyes of Kawsor Molla. Hence we hold that the said ground, although it is mixed up with some past activities of the detenu and some facts about him, is a proper ground of detention which is based on sufficient materials."&nbs......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy......ntive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses' refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced. 25. Ordinar..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 ...... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred......PC will govern the field. 6. Mr. SC Das, learned Counsel for the pre‑emptor-respondents, submits, on the other hand, that there are no factual foundations laid by the appellant in his evidence as to whether Amalendu Dev, the allegedly left-out co-sharer, was a necessary party or a p..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....l concern are not available to control and manage the concern, applies on all fours in the present case and he refers to various statements in the appellants' affidavits-in-opposition invoking the facts covered by the second situation and also refers to the respondents own writ petition and Anne......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin......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
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....anner, place and time as alleged by the prosecution. 4. Leave was granted for reconsideration of the evidence on record as a great doubt as to the truth o the prosecution case arises in the facts A circumstances of the case and consequently to examine if the learned Judges of the High Co......66 ......ting the appellants. The defence further suggested that no occurrence took place in the manner, place and time as alleged by the prosecution. 4. Leave was granted for reconsideration of the evidence on record as a great doubt as to the truth o the prosecution case arises in the facts A c..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....a voluntary substitution. 4. Mr. Asrarul Hossain, learned Counsel for respondent No. 1, does not contest the application. The application for substitution is allowed. 5. Briefly, the facts are that respondent No. 1 was served with a charge‑sheet dated 31.1.88 containing four ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V...... 13. The appellant‑Bank in its written statement before the Labour Court justified the order of dismissal. 14. The Labour Court found that respondent No. 1 could not adduce any evidence before the Court that he was victimised for his trade union activities. No finding was gi..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....hat the power of superintendence, control and organisation, is not absolute and that it cannot be exercised arbitrarily, overriding the rules and procedure specifically prescribed in the law and that facts of each case will determine the extent of the Election Commission’s inherent power as sought...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ..........................heir complaint to the Polling Officers for stopping the election and also their complaint dated 13 March, 1992 to the Election Commission; but in support of this allegation they could not produce any evidence except a written allegation to the Election Commission dated 13-3-92. The High Court Divisi..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....period in Special Case No. 7 of 1991 by the Divisional Special Judge, Dhaka, by a judgment and order dated February 3, 1992, the instant proceeding is violative of Article 35 of the Constitution. The facts of the other case are not in the petition nor the judgment of the other case has been produced......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio......d acted within the rules of the RAJUK, and whether other co‑accused had any role in the transaction or whether they abetted the principal offenders are involved questions and can only be decided on evidence after juxtaposing the prosecution case with the defence of the accused. This is not a case ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....d that he is the real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence. 2. Some facts are not disputed. The appellant married the respondent in 1962. Three children were bor......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ...... that the building was constructed by the appellant was, however, upheld. 6. The appellant now contends that the High Court Division misconstrued and misinterpreted Ext. 1 when on the evidence on record it is clear that the wife in normal course of relationship gave licence to the h..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... 14. With regard to the first submission of the appellant, it may be stated that there is no hard and fast rule as to when and at what stage a plaint can be rejected. It all depends upon the facts and circumstances of each case. As a general rule an application to reject a plaint ought to ...... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992......t time under Order VII, rule 11 CPC for rejection of the plaint. 9. The trial Court held that the plea of lack of cause of action, taken by the respondents, cannot be decided without taking evidence and as to whether the suit is barred by law, it said, "Admittedly the plaintiff has p..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... removal of the same (transformer) from the premises of M/S Mahmood Rice Mills situated at village Bhabonerchala within PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now s......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....ainst the accused. He appeared before the magistrate and then filed the application before the High Court Division as stated above, for quashing the proceeding itself taking the ground that on the facts stated in the complaint no criminal offence was committed and that the liability, if any, was......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respondents Judgme......g the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offences which could better be examined on evidence. 3. Mr. Joynul Abedin, learned Advocate for the appellant, has referred to the com..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....ellaneous case does not lie. 4. The cited decisions relate to pre‑emptors who failed to maintain their co‑sharership till the end of the proceeding and have no application to the facts and circumstances of the present case. If a pre-emptee is not a co-sharer at the time of tra......il) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Baten................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases R......etitioner has not been able to produce any facts to show that the question of defect of parties was still open. The order 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 th..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 ...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ...... day of the week, which, of necessity, means that there must be some regularity in the sitting of the bazar with regard to a particular day in a week" (underlinings are ours). As there was no evidence on record as to the regularity of sale of golplatas on the land in question, it was held th..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....vision on untenable grounds causing a manifest failure of justice. He also submitted that the appellate court in acquitting the respondent neither gave any; consideration to the gravely incriminating facts and I circumstances relied upon by the trial Court nor, properly weighed the observations made......ate-on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198......taken with the bag. In cross‑examination also she stated that the respondent had told the customs officer that the bag did not belong to him. 14. The Special Tribunal upon a consideration of the evidence, by its judgment and order dated 23.6.87, found the respondent guilty under section 25B (1)..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
.... cause from applying in time to have the abatement set aside. The technicality of form if adhered to as the High Court took it to be so, then there would be no proper dispensation of justice in the facts and circumstances of the case. In our view the substance of the prayer should be looked ...... Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others……………………….Respondents ...... with the judgment of the learned Munsif? The purpose of filing the said petition was duly manifested in its contents and the learned Munsif on application of his mind and after assessing the evidence concluded that the appellant was prevented by sufficient cause from applying in time ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....he respondent then filed an application under section 115 of the Code of Civil Procedure before the High Court and obtained a Rule where the main question for consideration was whether in the facts and circumstances of the case the respondent's claim for pre-emption which accrued under......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&......ate of the sale. These added opposite parties did not lay claim for pre-emption and nor did they make out any case for non-service of notice of the transfer on them and there is no evidence in that behalf in the present case. So in our view the date of presentation of the applica..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ere prejudiced by the summary disposal of the application since because of this they were denied the opportunity of filing an affidavit in that Division incorporating material facts. 8. In view, however, of the objection raised by the respondents against the form of t......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....st Pakistan which set aside an order dated 28-2-68 passed by Mr. M S Ali, Magistrate. 1st Class, Dacca, in Case No. 9064 of 1967 under section 488 of the Code of Criminal Procedure. 2. Short facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respo......sh;For the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Ju...... Hamida and that she had an income of Rs. 1300/- per month as rent from that building with which she with 4 children could well maintain themselves. 4. The learned Magistrate found upon the evidence aduced in the case that Hamida Begum had her own independent income and that it was possib..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....isional Magistrate a creature of section 13 of the Code, he is an inferior Court and his orders are amenable to the revisional jurisdiction of the High Court. This view is clearly untenable in the facts and circumstances of the present case. 15. In the circumstances stated above, we have n......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref...... in that case, justified in using their powers to quash the Police investigation. The High Court had held that it was entitled to do so and prohibited the investigation on the ground that the evidence of the informant in an earlier proceeding on similar charges against the respondent was fo..Category: Criminal Law | Date: | Hits: 125
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