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Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....w. He has contended that the Election Commission is bound by the election laws and rules, that these rules cannot be disregarded but must be followed by the Election Commission and that when specific provision has been made under rule 29 for repoll at the initiative of the Presiding Officer, this ru......assed by the High Court Division in Writ Petition Nos. 1134, 1328, 938, 1024, 1280, 902 of 1992). Judgment Shahabuddin Ahmed, J.- In all these appeals by special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
..... In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court re‑iterated the legal provision. 11. After the case was transferred upon taking cognizance for an offence of criminal m......s violative of Articles 27 and 31 of the Constitution. Section 4 of Act XXVI of 1957 and section 5 of Act II of 1947 are two distinct provisions for two different purposes. It is not a requirement of law that a prosecution for an offence under section 5(i) (e) of the Act 11 of 1947 must be preceded ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
.... Appellate Tribunal was in seisin of the matter and not functus officio and appellant's contention that the Tribunal as a body ought to have re‑heard the appeal is not correct in view of the provision of section 7(3B) of the Act. In this regard reliance is placed on Project in Charge Vs. ......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 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....udge………..may make such order with respect to the property in dispute …as he thinks fit. 12. The views in Hine Vs. Hine [1962] 3 AIL ER 345 that the above provision of law gave a free hand to do what is just, and in Jansen Vs. Jansen [1965] 3 All. ER 363...... 23.3.72” 8. The respondent contends that the above letter addressed to the Chief Manager of the Bank, is neither in form nor in content a license. From Ext, 3, the bye‑laws regarding house building advance by the IDBP, it appears a house building loan may be sanction..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....as not maintainable. His contention is that by reason of section 141 CPC an application under Order 9 rule 9 is maintainable for setting aside an order of dismissal of an application under the same provision i.e. under Order 9 rule 9 notwithstanding the fact that an appeal is provided under Order......le Judge discharging the Rule in Civil Revision No. 125 of 1984. 2. Mr. AK Badrul Huq, learned Advocate for the petitioner, submits that the learned Judge of the High Court Division erred in law in holding that the courts below committed no illegality in holding that the subsequent applica..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....der section 145 Cr.P.C. was drawn up and since the purpose of the suit was to defeat the said criminal proceeding, the High Court Division was of the opinion that the present suit is barred by the provisions of section 56(e) of the Specific Relief Act. 11. Leave was granted to consider ...... 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 possession in the suit land and he claims that he ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....ansformer to its previous place. 9. Leave was granted in this appeal to consider for the only question whether the High Court Division properly considered the provision as to notice before disconnection as has been argued by the learned counsel for the appel...... 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
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 ......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 in law in allowing pre‑emption in civil revision and thereby exercising the power of Court in s..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
.... with the employment or non‑employment or the terms of employment or the conditions of work of any person." After considering the background of the legislation and some other provisions of the IRO, 1969, the Tribunal's interpretation was rejected and it was held that the d...... (2a) was inserted in section 20 of the State Acquisition and Tenancy Act, 1951, by East Pakistan Ordinance No. XII of 1960. "(2a) Notwithstanding anything contained in any other law for the time being in force or in any instrument or in any judgment or decree or order of any ..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 ......rom the Judgment of the High Court Division. 5. Mr. Sultan Ahmad, learned Advocate for the petitioner, submits that the learned Subordinate Judge as well as the High Court Division erred in law in not considering that rejection of the plaint being a decree, an appeal was available to the..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....ntive laws but it guarantees equal protection of procedural laws also. Provision for trial of the respondent under the Special Powers Act, the learned Counsel argues, is discriminatory vis-à-vis the provision for trial under the ordinary law. In support of his contention be has referred to a decisi......smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or misjoinder of charges. Though it has been made punishable under both the laws, but to try this offence exclusive jurisdiction has been given only to the Tribunal under the S..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 ...... order of the High Court Division granting appellant bail pending disposal of his appeal but making it conditional upon payment of the entire fine of Taka 9,00,00.0.00 (nine lacs) is sustainable in law. 2. The appellant was convicted by the Additional Sessions Judge, Dhaka, by an order da..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. ......st that there was a revision before the High Court which set aside the judgment and order passed by the learned Subordinate Judge and remanded the case to that Court for disposal according to law after considering whether there was any abatement by reason of non-substitution of heirs of Kad..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....r share of the holding was transferred. So this is a valuable right which has its recognition and this right cannot be extinct without legislation being enacted in that behalf. The legislature made provision for service of notice to the landlord and co sharers pursuant section 26C of the Bengal T......he vendor to the respondent, a right accrued to him in respect of the holding and such right is independent of the right of the vendor and such right cannot be extinguished except under process of law. The respondent became a co-sharer in the holding and when a subsequent purchaser wants sub..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....n of the Australian jurisdiction is Anderson V. The Commonwealth (47 C.L. R 50). 11. McCabe V. Atchison arose out of a suit for injunction restraining the defendants from complying with the provisions of a Statute for reasons that it was repugnant, inter alia, to the commerce clause of th......6th day of May, 1974 by the Prime Minister of the two countries (hereinafter referred to as the Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a par..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....re, we think the wife having a source of income to maintain herself cannot be regarded as one entitled to any relief by way of speedy remedy against starvation which is the object of the provisions of sub-section (1) of section 488 of the Code of Criminal Procedure. So far as the appel......- ‘in the whole’ but the amount of maintenance granted to Begum Hamida and her four children having exceeded Rs. 400/ the order of the Magistrate has been held to be bad in law. No decision has, however, been referred to in support of this view. In Mst. Sughra Begum Vs M..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....al discretion by a Magistrate under sub-section (2) of section 167 of the Code. 5. In order to appreciate the contentions referred to above, it is necessary to examine the relevant provisions of PO 50. Sub-clause (a) of article 3 (1) specifies the offences which are triable exclu...... of a judicial discretion or whether it is the order passed by a persona designata section 6 of the Code contemplates that besides the High Court and Courts constituted under any other law shall be the following four classes of Criminal Courts : (1) Courts of Sessions. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... stated in the police report that on 20-10-71 the petitioners filed nomination papers as candidates for election from constituency No. NE.125 Sylhet VI in the purported bye-election. The penal provision, article 11(d), has also been cited. 5. Now, 'collaborator’ has been def......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)
.... Order the President designated by the Proclamation sought to alter the same to a Parliamentary or Cabinet system. It was contended that he could have no authority to make constitutional provisions at least of the nature of clauses (5) to (8) of the Provisional Constitution Order ......h Court Division answered the question in the affirmative. Hence this petition by the accused. 3. Learned Counsel for the petitioners maintained that the Collaborators Order was a still-born law inasmuch as it was promulgated by an authority not competent to do so. and that as such its in..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....inion of the High Court that this amounted to taking a step in the proceedings within the meaning of the section, disentitling the second defendant at any future point of time to the benefit of the provision for stay of proceedings. Indeed, it was first defendant alone which preferred the appeal ...... a matter largely in the discretion of the court which must, of course, be exercised judicially in due regard to the circumstances of each case. Even involvement of difficult questions of law has been considered in numerous cases to constitute a "sufficient reason" within the ..Category: Civil Law | Date: | Hits: 110
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