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Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ...... Md. Hannan, Senior Advocate instructed by Md. Maul Hoque, Advocate-on-Record —For the Petitioners. Not represented—The Respondents. Criminal Petition for Leave to Appeal No. 10 of 1997. (From the judgment and order dated 20-8-96 passed by the High Cou......etting aside an order of acquittal passed by the Magistrate, 1st Class, Jamalpur on 31-5-94 in CR Case No. 300 (1)94 and directing the learned Magistrate to proceed with the case in accordance with law. 2. CR Case No. 330(1) 94 arose on the basis of a petition of complaint filed on 5-3-9..Category: Criminal Law | Date: | Hits: 61
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......pondents Judgment November 8, 1998. The Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 5(1a) (3) Review may be granted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judg...... after completing the formalities of acquisition and therefore, the direction issued by the Government to the Deputy Commissioner, Dhaka in the memorandum No. Bhu-Ma. DA/35/81/123- Acqn was without lawful authority. 3. The Government resisted them on the plea that the petitioners, purcha..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......f law, a breach whereof constitutes a cause of action challengeable on any ground whatsoever, before the Administrative Tribunal or the High Court Division under Article 102(1) of the Constitution, according as the cause of action may be. He then referred to The Notification dated 10-9-96 and su......llip;……………….Appellant Vs. Mohammad Faruque ……………..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all......ammad Faruque ……………..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....n 304 Part-I of the Penal Code, “but the immediate cause that triggered off such serious violence being shrouded in mystery, a lesser sentence of 10 years RI with a fine may meet the ends of justice.” 18. Leave was granted to consider the submissions of the State that there b......f the Penal Code to be a perverse one. The accused party came with 8/9 guns, dao, ballam, halanga etc. They did not come there to act individually with individual objects. They acted in concert and according to the High Court Division itself gunned down the victims like birds”. In the charg......bdur Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh …………&helli......he case the High Court Division made an unnecessary discussion of section 149 of the Penal Code and in applying the said section to the present case it held that “the object of the alleged unlawful assembly centres round a dispute over the purchase of a house and the Bichra.” It was ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......; August 25, 1998. Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear A...... four Notifications on various grounds, namely, that the President did not act on the advice of the Council of Ministers in a parliamentary form of Government, that the President acted malafide unlawfully leveling allegations of insubordination and mutiny against him, that without putting the p..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......gment February 8, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XIV, rule 1 Learned judges of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the contex......on prohibiting polygamy. A copy of the judgment was directed to be sent to the Ministry of Law. 4. It has been brought to our notice that the impugned judgment has also been published in a law journal (1997 BLD 04). 5. From the facts of the case as noticed above briefly, it is e..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....inding that if during the pendency of the Money Suit of the respondent sale takes place under Article 34 of BSRS Order and if the Mill is sold then that will be violative of the principles of natural justice. 9. The order of the trial Judge was upheld by a Division Bench of High Court Division o......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......y) Rules, 1981 till disposal of Money Suit No. 5 of 1994. 2. The short facts necessary for disposal of the appeal is that, defendant-appellant Bangladesh Shilpa Rin Sangstha (hereinafter referred to as ‘BSRS’) is a Sangstha established by the BSRS Order, 1971 (President’s Order No.128 of 1......Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under t..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......hers ……………Respondents Judgment February 14, 1999. The Shops and Establishments Act,1965 (XXVIII of 1965) Sections 8 & 9. The Factories Act, 1965 (VI of 1965), section 58 Section 8 merely prescribes the maximum number of ......me allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with rule 4 of the Rules. Therefore there is no basis for the submission that there is no law guaranting or securing any right in respondents to claim overtime allowance at double the rate ..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
.... go to Barisal repeatedly from Dhaka to depose in the case and to secure the attendance of other witnesses. The informant-party has also an apprehension that they will not get a fair and impartial justice in the Court of Barisal. Accordingly, the Rule was made absolute and the sessions case was......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......nsfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: Md. Moksudur Rahma......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......f the High Court Division which may be set aside. The impugned order of the Government (Annexure-D to the Writ Petition) be declared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1......du Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960......ation and Land Reforms communicated to the Deputy Commissioner, Brahmanbaria under Memo No.Co-31/83/490 Acqn. dated 17 November 1985 that the Government, after examination of the relevant records and laws and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
.... the impugned judgment suffers from non application of mind as to the facts of the case as they should be looked into in the disposal of a first appeal. Thirdly, whether there has been a failure of justice in the manner in which the learned Judges of the High Court Division disposed of the first ......sputed land, custody of the documents, continuous possession of the property, etc. which the trial Court upon a detailed consideration of the evidence on record found in favour of the plaintiff and accordingly, decreed the suit; but the learned Judges of the High Court Division committed a gross ......an J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Shantosh Chandra Dey ……………….. Respondent Judgment Aug...... Vs. Shantosh Chandra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......……………….. Respondents Judgment January 28, 1997. The Evidence Act, 1872 (I of 1872) Section 115 The question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and......her banks, it now appears that the Government could not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) ..Category: Business or Commercial Law | Date: | Hits: 91
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......ks having released the suit property in favour of the plaintiff and lease of the defendant from the Deputy Commissioner without approval of the Ministry of Works, the defendant had no locus standi to challenge the plaintiff’s right in the suit property however defective it might be, is co......00.00 against the defendant-petitioner for his high handed conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of the law. Now this petition by the defendant-petitioner seeking leave to appeal from the impugned judgme..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......stitution. It cannot be said therefore that the insertion of Article 3C is beyond the scope of President’s Order No. 28 of 1973……..(6) A Member of Parliament is entitled to such privileges as the Parliament may determine and the determination is an act of discretion, p......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......aka 7,79,860.00 for the salvage operation. Hence, the plaintiff is entitled to the cost of salvage operation as per Item No. 3 of the plaint to the extent of Taka 7, 79,860.00 only and the suit is accordingly, so decreed. The Admiralty Courts decree of Taka 11, 56,590.00 on this item is modified...... Judgment May 8, 1999. The Courts of Admiralty Act, 1861 The Inland Shipping Ordinance, 1976, Section 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any......Court. 13. It remains to be seen whether on proper consideration of the evidence on record the quantum of damages have been ascertained in the present case and the decree is sustainable in law and fact. 14. The market value of the vessel of the plaintiff was determined by the Adm..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....th of criticism is a public way: the wrongheaded are permitted to err therein: provided that members of the public abstain from imputing improper motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism and not acting in malice or attempting to......rcumstances we thought it appropriate to ask for a statement from the Prime Minister on the impugned reports attributed to her before preceeding any further and requested the learned Attorney-General accordingly. On the adjourned date, a signed statement of the Prime Minister has been made over to u......ident Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Court Division. Nobody ha......g granted in too many cases and expressed her opinion accordingly we would have nothing to say because as the Chief Executive she was entitled to have her own views in the matter having regard to the law and order situation which is the concern of the Executive. The Court is accustomed to such execu..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... Nawab Ali, Advocate-on-Record — For the Petitioner (In Criminal Petition No. 108 of 1997). Not represented — The State (In both Petitions). Criminal Petition for Leave to Appeal Nos. 103 and 108 of 1997. (From the Judgment and order dated 9-6-97 passed by the......Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again in the Appellate Division by installments, when no interpretation of law is involved………………..(6) ..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......n No. 11 the Board has also the independent power to dissolve a Governing Body if it is satisfied that the Governing Body has failed to maintain discipline or to conduct the affairs of the College according to the general or specific instruction issued by the Board. According to the Regulations,......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual schools and colleges. Under t......dary Education, Dhaka, shortly the Board, and Inspector of Colleges of the Board (respondent Nos.4 and 5 to the writ petition and petitioner Nos. 1 and 2 therein (Annexure-F) have been made without lawful authority and are of no legal effect. 3. Respondent No.1 joined the then Ideal Juni..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......inadmissible inasmuch as the plaintiff laid his personal claim to the property on the basis of the same contradicting the plaint statement that the farog was obtained by his father. The said Court accordingly came to the conclusion that the evidence led in the case was hit by Order 6, rule 7 of ......t November 12, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 and Order VI, rule 7 i) The High Court Division as a revisional court had hardly any jurisdiction to set aside the findings of fact by the appellate Court and that also without discussing any faul......ove. 7. Being aggrieved the plaintiff had preferred this appeal. Leave was granted on the following questions: (i) whether the High Court Division misconceived both facts and law in holding that the plaintiff had given a go by to his plaint case at the trial which was in ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....e High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground for interference. …………..(6) ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ...... Involved: Md. Nurul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioners. Abdur Rahim, Advocate-on-Record — For Respondent Nos. 1(1) to 1(9). Not represented—Respondent Nos. 2-11(h). Civil Petition for Leave t......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
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