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Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ...... AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) ......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)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......ason for Hamida Begum to refuse to live with her husband; and (4) that she had a monthly income of Rs. 300/-from a house constructed in her name by the respondent. The Rule was accordingly made absolute and the impugned order was set aside. 6. Against the judgment of t......ich 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 respondent Abdul Ha......- ‘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)
....ourt which in its inherent jurisdiction under section 561A of the Code has power to make such orders as may be necessary to prevent abuse of the process of the Court or otherwise secure the ends of justice, was in that case, justified in using their powers to quash the Police investigation. The ......on 6 of the Code, as is the case, under sub-section (2) of section 167 of the code. It is true that the Sub-divisional Magistrate is also a Magistrate, either First Class or Second class and according to clause (2) of article 3 of P.O. 50, every sub-divisional Magistrate has been ap......3 are set aside Ed. ...... 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
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....sh whose will is supreme, duly constituted ourselves in to a Constituent Assembly, and having mutual consultations and in order to ensure for the people of Bangladesh equality, dignity and social justice, declare and constitute Bangladesh to be a sovereign People's Republic and ther......alidity of the appointment of the second President which was under clause (8) cannot be disputed. 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. ......san, Advocate, Supreme Court instructed by A W Mian, Advocate-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 da......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)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......t and also this appeal which is by special leave, indicating that the second defendant never felt aggrieved by the order of the learned Subordinate Judge refusing to stay the suit. There could accordingly be no question of the second defendant sailing with the first defendant, as contended ......yon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector of Chittagong ……………….. Respondent J...... 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
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......patibility between the provisions of section 427 of the Code and this article of the Collaborators Order insofar as an accused- respondent in an appeal against acquittal is concerned. We have accordingly no manner of doubt that article 14 of the Collaborators Order is intended to be confine......t July 18, 1971 Cases Referred To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-General instructed by Abdur Rab 1, Advocate-on- Record—For Appellant in both the ...... 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 ......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 ......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant......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
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the respondent' writ petition was not bad for laches and delay. 7. The term "c......a citizenship in Part III of the Constitution and his right to seek Court's protection of those rights. As per Article 152 of the Constitution "citizen" means" a person who is a citizen of Bangladesh according to the law relating to citizenship (.)" Article 6 of the Constitution provides that the ci......ngladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General...... 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)
....rsquo;s officials concerned. The High Court Division, 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......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. Not represented -For the Respondents. Civil Petition for Leave to Appeal No. 200 of 1992. Judgment: ......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)
....uharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC 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. Respo......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 ......the Petitioners. Dr. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Sirajur Rahman, Advocate-on-Record -For the Respondent Nos. 5 and 6. Civil Petition for Leave to Appeal No. 532 of 1992. Judgment: &......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 ......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 ......1 of 1978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kab......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)
....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 the trial. The prosecution prayed that for the ends of justice, the said witness be summoned to appear and depose in the trial. 2. After hearing both si......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 ......gment 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 Respondent. Criminal Peti......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)
....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. ......er, the Labour Court took up the case for hearing ex parte and after hearing the First Party and after perusing the papers produced by him, found that the case of the First Party was proved and accordingly gave the impugned decision. Even if some materials are not considered by the Labour Co......- This Appeal, at the instance of the Chittagong Chemical Complex, the employer, is directed against an order of the High Court Division summarily rejecting Writ Petition No. 118 of 1989 and refusing to interfere with the ex parte judgment and order of the Labour Court, Chittagong, passed in Complai......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)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......press terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 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 pro......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)
.... 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 ......fore 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 was born to them in 1982. The accused‑petiti......TM 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 Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu...... 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)
....ral in this respect is rejected. 14. The learned Additional Attorney‑General has lastly referred to Article 104 of the Constitution of Bangladesh which provides for doing "complete justice in any cause or matters pending before it" and has submitted that the impugned award ......n 11 August 1983, under section 5(7) of the Act finally acquiring the land. The land owners not being satisfied with the amount of compensation as assessed by the Collector prayed for arbitration; accordingly, the matter went to the Subordinate Judge, Dhaka, who was an Arbitrator appointed by th......man J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 C......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)
....der dated 3.8.92 that in appropriate cases a court exercising writ jurisdiction may adopt measures analogous to the procedure under Order IX Rule 13 CPC or at least exercise powers for the ends of justice. The learned Judges, however, held that respondent No. 1 was responsible for serious laches......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......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 provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of...... 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 ......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 is answered in the negative, then the second question will be in the affirmative. 2. Facts are that the plaintiffs are appellants. The premises in suit consisting of 3 huts belonged to Gurudas Singha who died leaving three sons Sanui Benode, Jyoti Benode and Shakti Benode and a w...... 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 ......orporation issued a Public Notice on 10.8.77. asking the Bangladeshi share‑holders of Mohammadi Calendering and Printing Mills Ltd. to submit their claims for the return of the said Mills and accordingly, the petitioner submitted the share certificate and all other documents. Respondent fa...... Corporation……………..Appellant VS. Saleh Ahmed & ors ..................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic R...... 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)
.... petitioner filed a title suit with a prayer for injunction which was refused and the appeal therefrom was also dismissed. Thereafter the writ petitioner "came to the conclusion that he would not get justice in the lower Court" and as such after withdrawing the suit he filed the writ petition. 4.......4(1). The term of the then existing Committee was to expire on 11.1.87. The Deputy Commissioner, Dhaka by a Memo dated 2.11.86 directed the formation of a Managing Committee under Regulation 4(1) and accordingly an election of the Managing Committee was held and the result thereof was approved by th......ur Rouf as Headmaster and Secretary of the Staff Welfare High School, Airport Road, PS Tejgaon, Dhaka filed the writ petition challenging Memo. No. 8297(4) dated 29.7.92 addressed by the School Inspector, Board of Intermediate and Secondary Education, Dhaka (respondent No. 4 herein) to the Chairman,......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
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