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Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... 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 ......egal and the respondents are, therefore, liable to restore the transformer 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 dis...... removal of the same (transformer) from the premises of M/S Mahmood Rice Mills situated at village Bhabonerchala within PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now s..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......l Revision No. 1889 of 1991). Judgment: Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accuse......ainst the accused. He appeared before the magistrate and then filed the application before the High Court Division as stated above, for quashing the proceeding itself taking the ground that on the facts stated in the complaint no criminal offence was committed and that the liability, if any, was..Category: Criminal Law | Date: | Hits: 43
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 ......that since by an order of the trial Court the petitioner was debarred from raising the issue of defect of parties in future' the appellate Court below wrongly allowed a remand to determine the very question which the petitioner was debarred from raising. He submits that interrogatory procedure wi......ellaneous case does not lie. 4. The cited decisions relate to pre‑emptors who failed to maintain their co‑sharership till the end of the proceeding and have no application to the facts and circumstances of the present case. If a pre-emptee is not a co-sharer at the time of tra..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 ......definition of 'hat' includes a day as well. 10. Let us refer to the ratio decidendi in Yusuf Ali Chowdhury Vs. Province of East Pakistan 11, DLR (SC) 316 (318) "The sole question for determination in this case, therefore, is whether hats and bazars fall within the thr......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 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......e respondents contention that the trial was vitiated by mis‑joinder of charges and want of jurisdiction of the Tribunal in trying a schedule offence along with a non‑schedule offence. 2. This question has been elaborately discussed by my learned brother in his judgment. What I find is that i......vision on untenable grounds causing a manifest failure of justice. He also submitted that the appellate court in acquitting the respondent neither gave any; consideration to the gravely incriminating facts and I circumstances relied upon by the trial Court nor, properly weighed the observations made..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 ......iminal Appeal No. 54 of 1988). Judgment: Shahabuddin Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appellant bail pending ......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 ..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. ......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. ...... cause from applying in time to have the abatement set aside. The technicality of form if adhered to as the High Court took it to be so, then there would be no proper dispensation of justice in the facts and circumstances of the case. In our view the substance of the prayer should be looked ..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. ......ree (the present appellant) alleging that the application was not maintainable as the petitioner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre-emptor ......he respondent then filed an application under section 115 of the Code of Civil Procedure before the High Court and obtained a Rule where the main question for consideration was whether in the facts and circumstances of the case the respondent's claim for pre-emption which accrued under..Category: Property Law | Date: | Hits: 60
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." ......nder Article 102(2)(a)(ii) of the Constitution. 4. The first objection raised on behalf of he respondents was that the learned Judges of the High Court Division having failed to specify the question or questions relating to the interpretation of the Constitution which arose for considerat......ere prejudiced by the summary disposal of the application since because of this they were denied the opportunity of filing an affidavit in that Division incorporating material facts. 8. In view, however, of the objection raised by the respondents against the form of t..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. ......the parties are living separately and the 2nd party (the respondent) did not give any maintenance to Begum Hamida and the children. There was no suggestion that he was not speaking the truth on the question of maintenance. Similar is the evidence of P.W. 5 Abul Ali who also said that the respond......st Pakistan which 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 respo..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... person to be detained for an initial period of six months for the purpose of inquiry or information, which period may be extended ; by the Sub-divisional Magistrate under clause (4). 8. The question that now arises is whether the order of detention which is passed by a Sub-divisional Magi......isional Magistrate a creature of section 13 of the Code, he is an inferior Court and his orders are amenable to the revisional jurisdiction of the High Court. This view is clearly untenable in the facts and circumstances of the present case. 15. In the circumstances stated above, we have n..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....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. ......s holding that the police report, i.e., the charge sheet should have set forth the nature of the information received against the accused. We are also of the view that, though it does not involve a question of jurisdiction, it is of utmost importance that the charge sheet should contain a factual......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..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....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. ....... i.e., the Bangladesh Collaborators (Special Tribunal Order, 1972 (hereinafter referred to as the Collaborators Order). 2. Arguments before the High Court Division centered on the question whether the Collaborators Order was a valid piece of legislation. The High Court Division ......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 ..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. ......for stay of the suit was rightly dismissed, since the same dispute could not be permitted to be adjudicated upon in two different forums. 7.Though apparently of a technical nature the question involved is of substance. As observed in the judgment of the High Court also the court is ......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. ..Category: Civil Law | Date: | Hits: 110
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 ...... Appeal No. 344 of 1985, all of which arose from a judgment and order of the Additional 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 i......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..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ...... them did not do any overt act as violence was done by some of them of that unlawful assembly, the appellants have been rightly convicted under section 147 of the Penal Code. 7. The material question for consideration in view of the leave granted in this case is whether the learned Judges......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 ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....as the said President's Order, did not completely replace or repeal the said Act. It replaced, inter alia, the first category of "deemed citizens" of Pakistan in clause (1) of Article 2, following an identical yardstick and closely resembling section 3(a) of the said Act. Clause (i) of Article 2......notification in the Official Gazette, specify in this behalf. 3. In case of doubt as to whether a person is qualified to be deemed to be a citizen of Bangladesh under Article 2 of this Order, the question shall be decided by the Government which decision shall be final." 10. In this case we ......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..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)
....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 ......g the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registrat......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..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....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 ......for 7 years. The learned Judge of the High Court Division found that the learned Subordinate Judge misconstrued the document Ext. 2 and that the lease not being of one year only, the settlement in question given to the plaintiff is illegal, The learned Judge of the High Court Division also found......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..Category: Property Law | Date: | Hits: 80
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... 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 ...... 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 ......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 ..Category: Criminal Law | Date: | Hits: 70
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