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BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....er relating to interest. Mr. Shafique Ahmed has been very fair enough to suggest that instead of going through the process of an appeal, which will be time-consuming, it will be in the interest of justice and a favour done to the lessor-respondent, who is being deprived of the award money for a ......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......y 12, 1998. The Arbitration Act, 1940 (X of 1940) Section 39 Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even no such claim of interest was made by the respondent before the court, granting of su......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... petitioner as claimed by it. 6. Mr. Sinha finally submits that in any case the imposition of the heavy cost upon the petitioner was not justified and the same may be set aside for ends of justice. Mr Nazrul Islam, learned Advocate entering Caveat for the respondent, opposed the prayer o...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......p; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to......termination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have been made without lawful authority and be of no legal effect, etc. A writ Bench, by the impugned order dated 1st Mar..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......nbsp; June 10, 1997. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into ......n No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands inv..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... Inclusion of the property within “kha” list is void and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4)&......ated in Road No. 138, the “Kha” list mentions the property to be situated at Road No. 137. Such a notice, the High Court Division held, cannot be considered to be a notice in the eye of law and the treatment of the property in question as an abandoned property and enlisting it in the..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....s no logic to consider the property of plot No.16 only as an abandoned property. (iii) Four years having already elapsed since the issuance of Rule Nisi on 22-2-89 in the interest of justice the writ petition cannot be rejected only because of institution of cases in the Court of ......ntity of the writ petitioner was raised before the High Court Division and in paragraph 31 of the writ petition, it was asserted that Mr. Mosharaf Hossain is the attorney of the writ petitioner and accordingly, he had sworn the affidavit on behalf of the writ petitioner. Mr. Ahmed further submits...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be enterta......uildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anw..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......dents Judgment May 21, 1998. The Customs Act , 1965 (IV of 1969) Section 19 Subsequent notifications enhancing the tariff rate s......common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were imported by different importer-appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment...Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 passed by t......t a monthly rent of Tk. 57.00 which was subsequently raised to Tk. 400.00 per month and that he has been paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... or by such other person or authority as is authorized by or entitled to give such decision under the provisions of the relevant law on the relevant subject, and such decision shall be implemented accordingly. 13. It is true that strictly the decision of the Board of Investment to recomm......p;…. Respondent Judgment November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for r......ompany then moved (or driven to) the High Court Division in writ for relief which it got after two years of waiting. 7. By the impugned judgment the High Court Division upon considering the law and facts of the case declared the orders issued by petitioners No. I and 2 and impugned in th..Category: Business or Commercial Law | Date: | Hits: 112
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......, found that the accused persons used criminal force in wrongfully, confining Gouri Rani Das in the office of the Drivers’ Association after she was carried there by accused Abdur Rahman and accordingly committed the offence punishable under section 342 of the Penal Code. ...... judgment and order dated 19th January, 1997 passed by a Division Bench of the High Court Division in Criminal Appeal No. 877 of 1994 dismissing the appeal and altering the conviction and sentence to one year rigorous imprisonment under sections 342/34 of the Penal Code and acquitting the appell......inal Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special Tribunal under..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....reof, the respondent on 7-2-85 submitted his joining report to the Principal of the College, but the College authority did not accept the same. Ultimately the respondent through his Advocate demanded justice by issuing notice dated 14-3-86 upon the College Authority giving reference of the Board’s......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31....... The Recognised Non-Government Intermediate College Teachers (Board of Intermediate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be s......hould be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Section 21 This rule did not empower the Board to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner ..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......unds 18 seers and 12 chataks paddy under Sharat Shundari Devi. Defendants Asiruddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names......p; Vs. Chairman Bewa and others…………..Defendant-Respondents Judgment October 29, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order VII, rule 1(c) Th......as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due service of the processes and observance of the relevant provisions of law the suit land and other lands of defendant No.1 was auction sold to the plaintiffs on 10-8-62 a..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....facts and circumstances of a particular case. If it is found that the accused had suffered a considerable part of the sentence imposed upon him or her in the mistrial the court may not, for ends of justice, direct a retrial. There may be other extrenuating circumstances which may impel by a court......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......rable part of the sentence imposed upon him or her in the mistrial the court may not, for ends of justice, direct a retrial. There may be other extrenuating circumstances which may impel by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubt...... impel by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discr..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....f his lifetime because of the present proceeding and his contriteness may be favoured with generous compassion. 14. In view of what has been stated above, we think it will meet the ends of justice if we accept the apology, though a belated one, in mitigation of the sentence only. Mr. Ah...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......llip;………….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view...... appellant had the highest regard for the Courts and held them in high esteem, sincerely believing that the courts are functioning as judicial organs of the State under the constitution and the laws of the land. 4. The appellant was suffering under a wrong notion about his respons..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same parties so the magistrate acted without jurisdicti...... and others asking them to show cause as to why such proceedings would not be drawn as claimed. Accordingly, in two cases the local Officer-in-Charge of the Police Station was directed to maintain law and order in respect of the proceeding land. But in respect of the subject matter of Criminal P..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......t week of December, 1990 the opposition political parties and alliances mounted tremendous pressure upon the Jatiya Party Government to resign in the line suggested by them under the Constitution; accordingly Vice President Moudud Ahmed resigned and the Caretaker Government was appointed by the ...... 1998. The Constitution of Bangladesh, Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, ...... Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......cts and circumstances of the case and hearing the learned Advocates of both sides we that the High Court Division wrongly made the Rule absolute which requires interference. This appeal is accordingly, allowed without order as to costs. Judgment of the High Court Division in Writ Petitio......case of transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed ......icient. There must be something to indicate acceptance of the gift and such acceptance may be signified by an overt act such as actual delivery of possession or such an act by the donee as would in law amount to taking of possession. When the property is not capable of being delivered physically,..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......cision of the Administrative Tribunal was in accord with the principle laid down by this Court in Md. Abdus Sukkur vs. Chairman, National Board of Revenue and others, 17 BLD (AD) 43. The appeal was accordingly dismissed. 5. The petitioner now seeks leave to appeal before us. ...... The Limitation Act, 1908 (Act No. IX of 1908) Sections 4-25, 14, 29(2) The view of the Administrative Appellate tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every su...... construe the provisions of the Administrative Tribunals Act and the provision of section 29(2) of the Limitation Act, 1908 and that consequently the High Court Division has fallen into an error of law in not excluding the period spent in the prosecution of the writ petition as well as the civil..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land liable to be released under that section as the same was not applicable in case of land requisitioned unde......of the 1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under sec..Category: Property Law | Date: | Hits: 94
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......n on the right of a citizen can be imposed…………………………………(6) A search by itself does not operate as a total restriction on the right of citizen to hold and enjoy his property and as such action is temp...... measure for a limited purpose of investigation and interferes with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......May 28, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Supreme Court Rules, Rule 26 Court cannot sit over its own judgment by way of appeal in a circuitous manner to hear the same grounds already considered in the judgment sought to be reviewed&helli......dustrial Relations Ordinance, 69 and that those cases were not on “settlement” but “award” and thereby this Division completely misunderstood and misinterpreted the relevant law on the basis of which those cases were decided. Further ground for review is that the main poin..Category: Labour and Industrial Law | Date: | Hits: 127
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