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State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......e is the scope to hold that the accused persons acted individually? How can inconsistency be allowed to creep in holding that common object has not been established? 28. Further, if it is a question of individual liability the High Court Division should have discussed which accused-respo......repeated the prosecution case but nowhere discussed or quoted or summarised the evidence of 19 PWs. Again taking up the defence submission that section 149 of the Penal Code is not attracted to the facts and circumstances of the case the High Court Division made an unnecessary discussion of secti..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. ......fications were issued malafide by the President. The details of malafide were described in the Writ petition. The High Court Division has not adverted to the issue of malafide and has decided the question of maintainability on extraneous and untenable reasons. 6. The answer to this subm......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. ..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. ......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 evident that it was unnecessary for the learned J..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....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....... whether the learned Judges of the High Court Division correctly appreciated the decisions cited at the Bar and upheld the order of temporary injunction on untenable grounds. 7. The only material question for consideration in this appeal is, whether an order of temporary injunction can be grante......- respondent company and selling it under Article 34 of the BSRS Order, 1972 read with BSRS (Direct Sale of Mortgaged Property) 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 Sangst..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. ......nd festival holidays. 5. The Collective Bargaining Agent of the workers of the appellant-company submitted a Charter of Demands on 16-11-85 in which the system of overtime calculation was questioned as being illegal and contrary to the settlement whereupon the overtime collection system......t affirmed the judgment of the Labour Court with modification, namely, that the respondents will get the overtime wages at double the rate of their basic wages only. 3. Shortly stated the facts are that, on the 29th October 1966 an agreement was signed between the Pakistan National Oil..Category: Labour and Industrial Law | Date: | Hits: 134
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......on. Mr. Hossain submits that the impugned order awarding cost is one such order which should be set aside even though it cannot be disputed that the Court has power to award reasonable cost in the facts and circumstances of a particular case. 3. We think the submission made by the learn..Category: Property Law | Date: | Hits: 64
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. ...... and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and after obtaining the legal opinion of the Ministry of Law and Justice, had decided that the property in question was not lawfully requisitioned/acquired and, as such, the property was withdrawn from acqui......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. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......andra 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 (i) the source of consider......dy of documents, subsequent conduct of the parties, sources of money, possession, etc. were of no consequence. Secondly, whether 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, whethe..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. ......nd others…………………….. 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...... inconsistently, whimsically and capriciously to the prejudice of respondent No.1 when the project was approved by the another lawful Government agency at an earlier point of time. Considering the facts and circumstances of the case, we do not like to interfere with the Judgment and order of the..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
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. ......;unnecessarily harassing” the plaintiff in flagrant violation of the law. Now this petition by the defendant-petitioner seeking leave to appeal from the impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Moh..Category: Property Law | Date: | Hits: 69
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. ......lass, Dhaka by Judgment and order dated 4-7-88 found that the prosecution failed to prove the case beyond reasonable doubt against the defendant-appellant and its second master for the accident in question, the said Judgment will not have any bearing in the present case. The learned Admiralty Ju......e Oil Tanker of the defendant. The defendant was responsible for the accident and the vessel of the plaintiff is alleged to have sustained a total loss and the vessel could not be salvaged. In the facts and circumstances of the case, we think that the suit should be remanded to the Admiralty Cou..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......- General that there is cassette record of the prepared statement of the Prime Minister which she had made in the Press Conference but there is no record of her off-hand remarks made in answer to the questions put by the Journalists. 7. The impugned remarks of the Prime Minister as to granting o......the Chief Justice and dependent on his personal judgment. How embarrassing the observation of the Prime Minister in the present case was can be imagined if she had only taken care to know the correct facts. The constitution of the Bench concerned (allocation of business) was changed by the Chief Jus..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......h; for the respondent. Appeal No. 7 of 1995. Judgment ATM Afzal CJ.- For this appeal, which must be allowed, the blame partly lies on us. The facts are like this: The three appellants along with 6 others were tried in Sessions Case ..Category: Criminal Law | Date: | Hits: 57
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. ......; February 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again in the Appellat......t Division while disposing of the criminal appeal was in seisin of the case both on fact and law and, as such, he was competent to reduce the sentence. We do not think that it will be proper in the facts and circumstances of the present case to consider afresh the question of sentence on the grou..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. ......Division that Annexure-F was not passed independently by the Board. 19. As already noticed a major part of the petitioner’s argument before the High Court Division centered round the question of the competence of respondent No.1 to continue to act as the Principal of the institutio...... 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. ..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. ......ert to the findings and the reasonings of the appellate court for holding its views as above. 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 hol......iews as above. 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 whic..Category: Property Law | Date: | Hits: 65
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ...... and on 9-3-96 restored the suit to its tile and number. The trial Court in its discretion restored the Suit as the application was filed on the same day. A discretion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality i..Category: Procedural Law | Date: | Hits: 118
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....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 the Arbitrators nor there having been any claim made for interest by the lessor-respondent either before the Arbitrators or the Subordinate Judge, that we were about to grant leave to examine the question of interest and to correct that part of the impugned judgment and order relating to inter......al and unwarranted. 3. In view of the submission of the learned Advocate-on-Record for the petitioner raising objection only to granting of interest, it is not necessary to narrate all the facts of the case and it will be sufficient to notice that the petitioner was a lessee under the fi..Category: Alternative Dispute Resolution | Date: | Hits: 249
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. ......maduddin Ahmed Chisty made several petitions to the Ministry of Lands for de-requisition of his lands without success. There was also a civil suit, Title Suit No. 156 of 1966 regarding the lands in question which went upto the Appellate Division and disposed of in February 1977 settling the titl......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. ..Category: Property Law | Date: | Hits: 50
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