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Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....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 ......gistrate ……………”. The detention order was passed by the Additional District Magistrate and at a later stage he decided that the order should be rescinded and accordingly he made a recommendation to the Government for release of the detenu. TheGovernment, h......98 ...... The answer was given in the affirmative. 10. In the present case, there is no delegation of authority in that sense by one to the other under the provisions of a Statute. Here the law‑giver, namely, the CMLA who is the source of all authority, directs that the President wi..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....nstitutional sanction provided in Article 33 (5) a non‑disclosure of fact that was considered to the prejudice of the detenu ought to be regarded as a violation of basic principle of natural justice. 28. We did not find anything in the file that can be termed as non‑disclosab......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......dgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur ......ated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the pub..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)
....plot (No. 1061) was not made a party thereto. As the trial Court in the earlier Miscellaneous Case No. 281 of 1974 while discussing issue No. 4, namely, whether the case is barred under equity and justice, found that the pre-emptor-respondents did not come to the Court with clean hands, the tria......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 ......nt Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred to- Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nel......nancy Act requiring co‑sharers to be added as parties. He also submits that in the absence of any provision as to who may be added as parties in a proceeding under section 24, the procedural law, namely, Order 1, rule 3 and Order I rule 10(2) CPC will govern the field. 6. Mr. SC Da..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ndustries on 28.1.76. Upon the failure of the Government to honour its own decision the respondents were obliged to file the present Writ Petition No. 36 of 1987 after serving a notice of demand of justice. 29. By filing a supplementary petition he respondents averred how they were unable ......nted to consider whether the High Court Division erred in holding that the majority of the shareholders is Bangladeshi and as such it was not an abandoned property. It was lastly submitted that as according to the requirements of the Working Group the claimants have to prove their right and titl...... Vs. Dhaka Steel Works Ltd & others ………...................Respondents [In both the appeals] Judgment November 12th, 1992. Cases Referred to- Palani Goundan Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & o......lied that since this industrial enterprise was placed under the Corporation under PO No. 27 of 1972 it already vested in the Government and that this vesting could not be questioned in any court of law. Government, however, indicated that the enterprise might be disinvested or transferred to the ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... can be dispensed with if, in the particular circumstances of the case before him, either the jury, or, when there is no jury, he himself, is satisfied that it is safe to do so. The rule, which according to the cases has hardened into one of law, is not that corroboration is essential before......93) 66 ......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 Court Division erred in law in not granting benefit of doubt to the accused appellants in the case. 5. In this case..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......Matin Khasru, Advocate (appeared with leave of the Court), instructed by Md. Nawab Ali, Advocate-on-Record -For the Petitioner. Not Represented -Respondents. Civil Petition for Leave to Appeal No. 84 of 1993 (From the Judgment and Order dated 28.2.93 passed by the High Court......for being elected as an Officer of such Society unless a period of 2 years has elapsed before the expiry of his last term as such a Member. 3. The High Court Division held that the impugned law not only applies against the petitioner but also against all persons who had been Members of a ..Category: Constitutional Law | Date: | Hits: 150
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....nt throughout the whole day. The Labour Court held that the order of dismissal dated 16.2.88 was passed legally but the punishment meted out to him appeared to be severe. Hence, in the interest of justice, the punishment was converted to termination of service with termination benefits. 1......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ...... Tajul Islam Chowdhury and another……………..Respondents Judgment February 23rd, 1993 Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs.......tion 17(3) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, and as such declared the Labour Court's order of affirmance of the order of dismissal to have been made without lawful authority and to be of no legal effect. Nothing was said about the Labour Court's order of t..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......ecific provision that an election can be challenged only by an election petition before the Tribunal Decision in the Writ Petition No. 902 of 1992 was followed in this case also and writ petition was accordingly dismissed. We find nothing to interfere with the High Court Division's order, since appr...... (In Civil Appeal No. 43 of 1992) Vs. Jalaluddin and others ............ Respondents (In Civil Appeal No. 43 of 1992) Election Commission………………Appellants (In Civil Appeal Nos. 53 to 57 of 1992) Vs. Tofel Ahmed and others .......... Respondents (In Civil Appeal No. 53 of 19......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)
....he accused. This is not a case of no offence disclosed prima facie. There is thus no legal impediment for the proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ....... Lawyers Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (in Criminal Petition Nos. 117, 118, 119, and 120 of 1992). Aminul Huq, Attorney-General, B. Hossain, Deputy Attorney-General, and (Amirul Kabir Chowdhury, Deputy Attorney-Ge......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)
....accepted principle of procedure that prior notice for rehearing is to be given to the parties who were present at the time of the hearing of the matter earlier. This principle is in consonance with justice and is to be extended to the constitution of the adjudicating body when it comprises of mo......al shall, after the application has been heard, give its decision in writing with reasons therefore, at once or on some future day of which notice shall be given to the parties, and make an order accordingly." 16. Appellant in reply contends that in any case the Appellate Tribun......man J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases Referred to- Project in Charge Vs. Abdur Rahman 31 DLR 124 and General Manager, Jamuna Oil Company ......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)
.... of the building was made by the appellant, the High Court Division ought to have granted some relief to the appellant and when it has not done so this Court the in fact of the case may do complete justice under Article 104 of the Constitution. 11. Our attention has been drawn to sec......r many years as a correct pronouncement". 22. With regard to improvements, Sir Barnes Peacock observed in 6 Suth WR 228 (FB): “We think it is clear that, according to the usages and customs of this country, buildings and other such improvements made on......aziruddin ....................Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All...... 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)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ...........................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July 7, 1991. Case Referred to- PLD 1953 (Dhaka) 183. Lawyers Involved: AK Badrul Huq, Advocate at present ......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)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......sion of the suit property prior to 18.1.79 when she filed a petition before the SDO (South), Dhaka for drawing up a proceeding under section 144 Cr.P.C. against deceased defendant No. 1. It arose, according to her, for the first time on 7.3.79 when the order of attachment and appointment of rece......p; Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992. Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. ...... 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
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 ......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 ......ahman J. Abdul Baten................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Se......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)
....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 ......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 ...... .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR ...... (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 ...... 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 ......tafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab ......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)
....the recovery of the gold from the possession of the respondent, particularly the evidence of the customs officers, P.Ws 1 and 2, and die own statement of the respondent (Ext. 2) causing no failure of justice and whether it was also rightly held that the trial was vitiated by the joinder of the sched......he respondent was not an illiterate person that he was a Flight Purser of the Biman and it is inconceivable that he would make such a statement merely on the dictation of others. The Special Tribunal accordingly rejected the evidence of P.W 5 in cross‑examination that the respondent had written th......TM Afzal J Mustafa Kamal J Latifur Rahman J State ………………Appellant Vs. MM Rafiqul Hyder................... Accused-Respondent Judgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (......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 ......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 ......ATM Afzal J. AHM Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988. Cases Referred to- Mian Mahmud Ali Qasuri & others Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs....... 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)
....y be issued upon the opposite parties, order may be passed setting aside the abatement with regard to the death of the original opposite party No. 1 Eskendar Ali alias Badsha Mia and thereby justice may be done". 6. Technically it can be said that the petition filed on 9-......nsif. As against 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 o...... erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the land transferred to strangers by kabala dated 9-10-58 without giving any notice to him......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)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......r name and as such the respondent although a co-sharer ceased to be on the division of the holding and thus not enticed to maintain the application for pre-emption. The learned District Judge accordingly allowed the appeal and set aside the order of the trial Court granting pre-emption......reemption is at the instance of the transferee. It is against. a judgment of a Division Bench of the erstwhile High Court of East Pakistan which set aside an appellate order of reversal and restored that of the trial Court which granted preemption, with the modification that pre-em......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
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