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Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ed in support of both the petitions maintained that the Special Tribunal erred in taking cognizance of the case, inasmuch as the Police report did not contain a statement of facts which would constitute an offence under the Collaborators Order. He referred us in this conne......n, Advocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 &......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. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....ing their promise while still conferring with the representatives of the people of Bangladesh, Pakistan authorities declared an unjust and treacherous war AND whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Mujibur Rahman, the undisputed ......vocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of......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. ..Category: Criminal Law | Date: | Hits: 53
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....suggest some kind of a scuffle between the parties which usually takes place in a sudden quarrel. The learned Judges of the High Court Division disagreed with this finding and observed that on the facts proved, this criminal act of causing the injuries does not constitute 'murder' but constitute......ur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment January 2nd, 1994. ......a was that he, as Secretary of the Local Club, had taken Mona into task for bad moral character of Mona's sister‑in‑law. The learned Additional Sessions Judge, upon consideration of the evidence of 10 witnesses, rejected the defence plea and held these three accused respondents g..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....hich was neither done in prosecution of the common object of the unlawful assembly, nor other members of that unlawful assembly knew that such an act would be committed. From the evidence and other facts and circumstances of the case, we find it difficult to attribute immediate connection of all ...... 46 DLR (AD) (1994) 239 ......han appellant No. 1 Abdus Sattar need reconsideration. It further appears that at the time of granting leave, Mr. Abdul Malek, learned Advocate very candidly submitted that there was overwhelming evidence against appellant No. I Abdus Sattar of inflicting a Katra blow on the chest of deceased A..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....f his citizenship was under consideration he advisedly did not rush, to the Court. The show cause notice dated 23 March 1992 was the last straw and he immediately thereafter came to the Court. In the facts of the case the High Court Division correctly refused to dismiss the matter on the ground of d......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ......972. It was not made in exercise of power under Article 3 and it therefore must be held to be ultra vires. 28. The appellant had relied on the respondents Pakistani passport as the most important evidence of his Pakistani citizenship. As a Pakistani the respondent applied and obtained a Pakistan..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)
....ers left out of the group and that the differentia in question has a reasonable relationship to the object sought to be achieved by the statutory provisions, rule or order, as the case may be. The facts of the case referred to above by Dr. Hossain are not and cannot be similar to the facts as in......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministr......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 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ...... case is also reported in: 46 DLR (AD) (1994) 187 ...... the pre-emptor, he came to know about the registration of the kabala on 4.2.75 and, after obtaining the certified copy of the same exhibit 1, filed the present case on 12.2.75. The pre-emptor led evidence with regard to his date of knowledge of the registration of the kabala. The pre-emptee did..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 .........Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respond......epose in the trial and processes to secure his attendance could not be served on him as he was out of the country. He has returned only a few days back and he is now available. As an eye-witness, his evidence is vitally important, necessary and essential for arriving at a just and proper decision in..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....of the appeal. 8. We, have considered the submission of Mr. Khandker, the grounds taken in the leave petition, the judgment of the Courts below and the impugned judgment in the light of the facts of the case and found no special reason either to grant further leave or to allow any other p......reported in: 46 DLR (AD) (1994) 183 ......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 ..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. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chittagong Chemical Complex ……Appellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30, 1993. Lawyers Involved: Kha......(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, the learned Judges of the High Court Division ought to have struck down the judgment of the Labour Court for non consideration of the evidence on record. 8. In the result, the Appeal is allowed. The judgment and order dated Februar..Category: Labour and Industrial Law | Date: | Hits: 103
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......uddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Ansaruddin Ahmed ............... Petitioner [In CP No. 194 of 1993] Nasir Miah and others..................Petitioners [In CP No. 193 of 1993] Vs. Senior Assistant ...... same Election Tribunal alleging various illegalities and irregularities, one of which was that about 100 votes cast in his favour were counted in favour of the petitioners. In both the two cases, evidence has been closed. By two separate orders in the two Election Tribunal cases the Election Tr..Category: Election Law | Date: | Hits: 120
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....e that the initial intention to deceive must be established to justify a conviction for cheating and that the intention to cheat is to be gathered from the surrounding circumstances. 5. The facts of the instant case are different from those reported in the two cited decisions. Here, the ...... ATM Afzal J Latifur Rahman J. Arifur Rahman alias Bablu…………Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Refer...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....rder dated 27 March, 1991. Petitioner is now seeking leave to appeal from the said order. 2. Mr. Moksudur Rahman, learned Advocate for the petitioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration o......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. ......oksudur Rahman, learned Advocate for the petitioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....ry is agreed to be given at the time of or before the marriage as a consideration for the marriage. In the case of Mihir Lal Saha Poddar Vs. Zhunu Rani Saha 37 DLR 227 (again a case of quashing), the facts are, that a couple was married in 1980 according to Hindu religious rites and a female child w...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Sel...... before or at the time of marriage is made an offence but also the demand thereof after the marriage. 23. That the accused-appellant demanded Taka 10,000.00 from the complainant has been proved by evidence and there is no submission on the part of the appellant that the consideration thereof by t..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....ts judgment" was challenged. We do not understand how an application for the correction of mere arithmetical error or any accidental slip can be treated as an application for review. However, facts of that case are quite distinguishable from that in the instant case. The learned Additional ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ......atter of acquisition, the respondents had to file a writ petition. In these circumstances, the Arbitrator, in the absence of any copy of the notice under section 5(1) and also in the absence of any evidence that the notice was published under section 5(1) or serve under section 5(3), took the av..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ches and found the explanation for non‑appearance at the time of hearing to be "rather unsatisfactory" and "rather unhappy". But as in the supplementary affidavit certain facts have been set out the learned Judges felt inclined to hear the Rule in the presence of the re...... This case is also reported in: 46 DLR (AD) (1994) 154 ......ess marks it out as a readily recognisable and distinctive constitutional remedy. The petitions are ordinarily disposed of oil affidavits, although it is open to the Court to take such other evidence" "in such other manner as it may deem fit" following "such procedure&q..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......bsp; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors................... the shoes of Santi brothers by devolution of title, finds support from the deposit of' tile rent at that rate by the respondents. It appears that it has been asserted both in the plaint and in the evidence that the plaintiff requested the defendants to pay rent, which they promised to pay but di..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....ll. And the Members from teachers, guardians, etc. are also to be elected in stated proportions as in Regulation 4(1). 8.The High Court Division after noticing Regulation 20(1) held that "from the facts and circumstances" it cannot be said that the school was run in accordance with the terms of a......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......urt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Responde......ail, as this is the usual practice of the Court in the cases of short term imprisonments. The learned Advocate has also tried to go into the merit of the case alleging that there is no satisfactory evidence that the prohibited goods in question were recovered from possession of the petitioners. ..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
.... their learned Advocates, informed the Court that they had no instruction in the matter. 5. The High Court Division accepted the legal submissions of the writ petitioner on such unchallenged facts and made the Rule Nisi absolute declaring that the office of the Chairman held by the appell......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
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