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Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail." Article 8(1) of the Collaborators Order says that the provisions of the Code— "in so far as they are not inconsistent with the pr...... days from the date of sentence and for an appeal under clause (2) shall be sixty days from the date of the order of acquittal. (4) The appeal may lie on matters of fact as well as of law. (5) Notwithstanding anything contained in this Order, the Government may, within si..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 ......al Sessions Judge, Bogra, dated 21 December 1985 in Sessions Case No. 17 of 1984. State is the appellant and the question raised in this appeal is whether the High Court Division is well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....nted primarily to consider whether the learned Judges of the High Court Division upheld the conviction and sentence of the appellants under sections 302/149 of the Penal Code on misconception of provision of section 149 of the Penal Code, inasmuch as the charge framed does not show that the a......appellants under sections 302/149 of the Penal Code on misconception of provision of section 149 of the Penal Code, inasmuch as the charge framed does not show that the accused persons formed an unlawful assembly with the common object of murdering Aminul Huq, and in prosecution of that common ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....the facts of the case the High Court Division correctly refused to dismiss the matter on the ground of delay. 12. The learned Attorney‑General submits the High Court Division misinterpreted the provisions of Article 2, in determining the respondent's permanent residence on the commencement of ...... 403‑Imn/III dated Dhaka April 18, 1973, so far as it related to him and the show cause Notice No. HH: MA(Bhai-l)/134 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....n, therefore, did not do any wrong in rejecting the application for revision on the ground of limitation. 4. As to the prayer for complete justice under Article 104 of the Constitution, this provision should not be resorted to in the case of laches on the part of a financial institution li......r striking off the names of the defendants guarantors. The High Court Division found that the order dated 12 June, 1990, striking these defendant's names was passed in presence of the petitioner's lawyer, but no action was taken within 10 months after which the review Petition was filed and furt..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....er in violation of their constitutional right equality before law. 5. Respondent Nos. 1-3, in their affidavit- in-opposition, inter alia, stated that Respondent No. 3 on 19.7.87 amended the provisions of recruitment Rule of the Registration in respect of appointment in the post of Muharra......C Muharrars. The Petitioner alleged that the impugned order was passed against the rules and the principle of natural justice and further in violation of their constitutional right equality before law. 5. Respondent Nos. 1-3, in their affidavit- in-opposition, inter alia, stated that Res..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 ......by limitation. This being a finding of fact on assessment of evidence on record, Mr. Mohammad Habib Ahmed, learned Advocate's contention that the application is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This ca..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 ......om the aforesaid judgment and order of the High Court Division dated 27.7.93. 5. Mr. Abdul Malek, learned Advocate for the accused-petitioner, submits that the High Court Division made an error of law in passing the impugned order as section 540 Cr.P.C. is applicable only when the Court wishes to..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....he order of dismissal, dated October 20, 1986, which again referred to the employee's conviction in the above noted case. 7. In view of the employee's own papers and particularly, after noting the provisions of law in section 17(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, the l......he Writ Petition contending, inter alia, that when conviction of the worker by a court was the ground for his dismissal and when this fact was known to the Labour Court, the latter seriously erred in law in reinstating the worker in service. 3. While dismissing the Writ Petition summarily, the le..Category: Labour and Industrial Law | Date: | Hits: 103
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be......er dated 1.12.93 passed by the High Court Division, Dhaka in Writ Petition No. 1070 of 1992). Judgment Mustafa Kamal J.- This appeal by leave by the defendants raises three questions of law of public importance, namely, (i) whether a defendant can claim in written statement a set-off o..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....ecial order, specify in this behalf." 7. Pakistan was the next country to introduce a legislation prohibiting dowry, Dowry and Bridal Gifts (Restriction) Act (Act No. XLIII of 1976), but as the provisions of the Pakistani Act are not at pari materia with the Bangladesh legislation on the subje...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....e date of its correction (10.3.90), and also to consider whether the second contention of the appellant that the decree itself is void and nullity, in that it was made in violation of the mandatory provision of section 7(e)(i) of the Act. This section provides that the Arbitrator in making an awa......ontention of the learned Additional Attorney-General is that when a decree has been amended, the original decree does not exist and the decree that has been amended is the only decree in the eye of law and hence limitation will start from the date of the amendment. But reply to is contention give..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... Judgment: Mustafa Kamal J.- The question that arises in this appeal by leave is whether the provisions of section 141 of the Code of Civil Procedure providing that "the procedure provide...... absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 respondent No. 1 filed an application for restoration of the writ petition on the ground that the law clerk of the learned Advocate for respondent No. 1 did not inform of the date of hearing and s..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 ...... question can be enquired incidentally. He, however, says, when the defendants raised the question of title, the plaint ought to have been returned for filing in a proper Court. As a proposition of law the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it d..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... The former Bangladeshi owners have filed the writ petition for implementation of this decision and sought a direction in the nature of mandamus directing the respondents to do which is required by law to do. The High Court Division has granted this prayer and no exception can be taken. Lastly, ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
.... of a general character, but of a special character. Regulation 20(1) says as follows- “20. (1) Notwithstanding anything contained in sub‑regulation (2) of regulation 4 and subject to the provisions of sub‑regulation (2), the Committee of the schools run in accordance with the term......ng highly contentious and disputed questions of fact for adjudication by a civil Court and it is not his case before the High Court Division in writ that his grievance can be met merely by looking at law on agreed facts, so that this pursuit of a suit is unnecessary. He came to lay before the writ j..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....there was no written contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law conferring jurisdiction on the conciliation Court are contained in Part 1 (b) of ......ritten contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law conferring jurisdiction on the conciliation Court are contained in Part 1 (b) of the Conciliati..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....ppellant has placed nothing on record to show that he and respondent Nos. 5‑13 have ever done so. In the absence of any proof of such discharge of their duty and responsibility the mandatory provisions of section 13 of the Ordinance will automatically come into play and there is no escape ......ommissioner is the authority by whom the oath of office is to be administered and therefore the aforesaid Rules will also have to be read in tile light of the change in the substantive provision of law. In other words, it is the Deputy Commissioner or such officer as may be authorised by him befo..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....by the High Court Division. A good number of points were raised before the High Court Division, namely, (a) that the heirs being minors were not represented in the Court according to the mandatory provision laid down in sub‑rule (4) of rule 3 of Order 32 of the Code of Civil Procedure and ......names were given. The last point was argued vehemently before the High Court Division that the heirs of Nanibala were not substituted in the execution case and the High Court Division has erred in law in holding that the heirs of Nanibala were duly substituted although there is no such proof. ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......ney and consequently awarded cost of Taka 1000.00 as compensation to the plaintiffs. It must be stated here that the principle guiding the amendment of the written statement as contemplated under the law has not been taken note of and the learned Single Judge allowed these revision cases taking a sy..Category: Tenancy Law | Date: | Hits: 81
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