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Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention......having had not said that he killed his wife for non-attending the demand of dowry the conviction of the condemned prisoner under section 10(1) of the Ain and the sentence passed thereunder was not lawful, that the High Court Division wrongly placed reliance on PWs 3, 5,. 6, 7, 12 and 14 in comin..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......the same was hit by principle of res judicata. Next, Mr. Md. Fazlul Karim has argued that the High Court Division in its judgment did not give any findings regarding limitation or res judicata. So, according to him, the judgment and order passed by the High Court Division in the above two civil r.......Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for mo....................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the sui..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......is provision is mere directory in nature. 7. We are of the view that the Appellate Tribunal on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that after receiving of the statement o......e and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that after receiving of the statement of defence from the ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... the matter to the Superintendent of Police who went to the place of occurrence on the following day and First Information Report was lodged with the local police station narrating the occurrence and accordingly, Bauphal PS Case No. 7 dated 22-9-1999 was started against the accused under sections 44......is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not been committ......m, the learned Advocate appearing on behalf of the petitioners, has taken us through the impugned judgment and order passed by the courts below and submits, inter alia, that there is serious error of law committed by the High Court Division and that the courts below did not consider that the two pol..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... there are place of worship, residence, school, hospitals, etc. situated within 200 yards of the proposed site where the cinema hall is proposed to be set up obtaining no objection certificate and accordingly, decreed the suit and has been affirmed by the Courts below. The said decision su..............Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Cinematograph Act, 1918 (Act II of 1918), section 5 There are places of worship, residential hous......tion for issuance of NOC for the purpose of licence for exhibiting cinema being merely directory, the Courts below including the High Court Division erred in holding that the NOC was issued without lawful authority. The learned Counsel further submitted that having regard to the frame of the suit..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....the Ministry of Women and Children Affairs, was illegal on account of the President being her appointing authority. It was further held that the impugned order was against the principle of natural justice and in violation of Article 135(1) of the Constitution. The respondent then filed appeal be...... preroner jonno Appeal dakhila kari” Therefore, the majority members of the appellate Tribunal committed wrong in observing that the appellant did not at all prefer any appeal and accordingly, the appeal preferred before the Administrative Appellate Tribunal was wrongly allowed.......rvice of the Republic, in case of her removal, she is eligible for protection under Article 139(1) of the Constitution. She cannot be removed or discharged from service by an authority subordinate to which she was appointed…………..(6) Because of pendency of a Cri......ontention of the learned Advocate for the respondent is that approval of the Secretary of the concerned Ministry and State Minister of the Ministry were obtained but in our view the requirement of law is that the appellant's removal from service is to be made by the appointing authority, that is..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....shad and retention of the remaining powers and functions with Government. Government would retain the direct responsibility for "regulatory functions" including police, magistracy, civil and criminal justice, while the Thana Parishad would administer the "transferred subjects" including development,....... 2 of 1992. Among other allegations made by the appellants, the displaced elected Chairmen, one is that the Repeal Ordinance is itself invalid since there was no existence of any circumstance which, according to the President's satisfaction, rendered it necessary to make the Ordinance just 20 days ......lopment & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 6......h Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the matter is of public importance involving a substantial question of law as to the interpretation of the Constitution. 2. Upazila Parishads, formerly named Thana ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......rity its own shares. 5. The learned Judge of the High Court Division upon a consideration of the various points of law as raised by the parties decided in favour of the respondent Bank and accordingly allowed its application by the impugned judgment and order as already referred to above......d earlier in respect of 25000 shares of Tk. 100 each of the United Commercial Bank Limited, briefly UCBL (respondent No. 1 herein) registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appe...... maintainable inasmuch as a Company cannot hypothecate/mortgage/use as security its own shares. 5. The learned Judge of the High Court Division upon a consideration of the various points of law as raised by the parties decided in favour of the respondent Bank and accordingly allowed its a..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r pending for disposal in appeal his conviction is not sustainable in law. It is asserted that there is nothing in the report that can be said to tend or calculated to interfere with the course of justice either by prejudicing a fair trial or the mind of the public against the persons as parties......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ...............Appellant Vs. The State............................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 19......n the suit for mesne profits between the same parties in respect of the same properties. The suit for mesne profits was limited to the determination of damages the plaintiffs are entitled to in law from the defendants till the day when some of the plots were delivered by Court in execution, ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....nts filed two separate writ petitions (Writ Petition No. 868 and Writ Petition No. 1560 of 1991) challenging the order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be heard and to defend ......ndicated, this has nothing to do with the Enquiry Commission, Again, the learned judges fell into an error when they observed that after an enquiry by an Enquiry Commission the “Chancellor will act according to the opinion given by the Syndicate upon a resolution and as such there is a reasonable ......ion is well founded in law in rejecting the contention of the appellants that the two writ petitions filed against them by the respondents are not maintainable as an alternative remedy by way of statutory appeal is available. 2. In both the appeals the Controller of Examinations of Dhaka ......f 1991 respectively). Judgment Shahabuddin Ahmed CJ.- In both these appeals by special leaves, the only question for consideration is whether the High Court Division is well founded in law in rejecting the contention of the appellants that the two writ petitions filed against them by ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... Judgment Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1......of the drawing up of a formal written contract. Hence, I find it difficult to accept the contention of the learned Advocate for the respondent that the decision of the 87th meeting was ineffective in law because in the formal written contract there was no mention of the quantum of earth to be cut by..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... a decision was taken not to mutate the said plot in the name of the appellant on the ground that mutation was stayed on receipt of a complaint on 5.10.86. After having served a notice of demand of justice the appellant obtained a Rule Nisi in the writ petition on the aforesaid facts and submiss......ustees on 29.9.88 that there were some delinquent officials/employees in granting permission without taking any steps against respondent No. 4. It is not pleaded by the respondents that the act of according permission was ultra vires the Town Improvement Act. The Board of Trustees merely resolve......ent and order of the High Court Division dated 18.6.90 in Writ Petition No. 10 of 1989 discharging the Rule Nisi. The writ petitioner is the appellant in both the two appeals. They have been heard together and will be disposed of by this common judgment. 2. Pursuant to his application date...... Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indication in the certificate as to the nature of the substantial question of law as to the interpretation of the Constitution. In the present case no constitutional point was a..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....trenuously argued that in view of the proved facts and circumstances S. 34 is clearly applicable and that the contrary view taken by the learned Judges is palpably erroneous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from the criminal act merely on a sligh......tes that the order of accused Bakkar to kill Tara was Aei shalare maria falo. According to PW 9 jai Tara ka bachata ashba takai khun Kara haiba; According to PW 10 shalare paoa gase shes karo, and according to PW 11 Aei shalare shes karia da. From these statements the learned Judges held "w......Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. ......ence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the High Court Division was well‑founded in law and fact in arriving at this decision. 3. The Prosecution case centres round the death ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....filed the application for substitution under Order 22 rule 3(1) of the Code and the learned SCC Judge also treated the application as such, although while allowing it, he did so 'in the interest of justice. 5. With regard to the second point, this Court in the afforested case reported in 44 DLR......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ...... Sharifa Khatun @ Sharbat Banu and others…………Appellants. Vs. Md. Yusuf and others.......................................Respondents Judgment April 19th, 1992. Cases Referred to- Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1; Abdus Sattar vs. Suresh Chandr...... this Court in the case of Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1, to the effect that monthly tenancy is heritable; the judgment of the High Court Division is not sustainable in law and should be set aside. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellant..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ...... August 16th, 1992. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent. Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by the High Cou......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......ion 6 When the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected just because the president of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the expre......dent of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division while declaring the order of termination to have been passed without la..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………&hellip......deed dated 13.3.74 is a transfer deed. The lower appellate Court's findings on fact were not at all adverted to by the learned Single Judge of the High Court Division on an erroneous view of law as enunciated in 36 DLR (AD) 1, and failed to determine the nature and character of the docume..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....d the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend himself. ......t considered necessary. His responsibility in the matter has been inferred from proved facts and circumstances. The domestic tribunal is not a court to follow procedures of a trial or enquiry according to the Civil Procedure Code. In appropriate cases the domestic tribunal may arrive at a d......it petition the appellant had challenged an order of the Bangladesh Jute Mills Corporation, briefly the BJMC, dated 16 January, 1990 reducing him in rank i.e. demoting him from the Post of Manager to that of Deputy Manager of People's Jute Mills at Khulna on grounds of misconduct. Leave was gra......e. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) 41, an employee of a statutory Corporation cannot be dealt with under the master and servant law. The principle of natural justice envisages that none should be condemned unheard and that a p..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ber of known persons (such as eighteen, as is the case before us), are alleged to have participated and the Court acts on the principle that it is better to err on the side of safety, so that no injustice is done to a possibly wrongly implicated accused, and benefit of doubt is reaped by a large......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ...... ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referred to- Rahmat Vs. Sate 1969 SCMR 537; Bharwad Mepa Dana Vs State of Bombay AIR 1960 SC 289 (29......ng among themselves. The accused then went away, but at about 8‑00 AM they came back from their homes. After seeing Abul Hossain @ Abul the accused cried out "catch that brother-in-law", and taking baitha and lathi from the along chased him. Abul Hossain was caught by the ac..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....section 115 CPC…… But the present position of section 115 has undergone a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy Attorney General appear......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... ......le ground to interfere under section 115 CPC…… But the present position of section 115 has undergone a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy ..Category: Administrative Law | Date: | Hits: 130
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