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Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....t being pressed without assigning any reason and granted full relief to respondent No. 1 without issuing any Rules upon the appellant affording any opportunity to appear In the case o a failure of justice. 6. In the election tribunal case the appellant who was the election petitioner got ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......ot pursue the same after several adjournments and finally the same was dismissed for default on 30-6-96. In Revision, a learned Single Judge of the High Court Division made the Rule absolute and restored the appeal to its file and number subject to payment of Taka 5,000.00 to the appellant within...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......ms, Customs House, Chittagong, the scale of pay of the preventive officer is increased to Taka 470-1135 from Taka 425-1035 and the said order will take effect from 1-1-77 instead of 26-6-83. This, according to the learned Advocate, is a notification in pursuance of the provision of sections 3 an......J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others…………………&helli...... 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed that as per memo of the Board of Revenue dated 21-6-77 and as per the Principal..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....g compensation in this case was held to be justified which the High Court Division considered not to be arbitrary or without any basis. Finally, the High Court Division held that “for ends of justice the compensation assessed by the learned Subordinate Judge should I maintained”. The......being either actual or constructive. 11. But although actionable per se the plaintiff has the option to claim damage in several ways. First, he may claim “nominal damages” which, according to Salmond on Torts, 19th Edition means “a small sum of money-for example, ‘o......hellip;…Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21st, 1996. Cases Referred to- Overseas Tankship (UK) Ltd. vs. Morts Dock and Engineering Co. Ltd Wagon Mound (1961) AC......defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respo..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ellip;……………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khan......No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Official Gazette dated 23-9-86 to be without lawful authority after setting aside the judgment and order passed by the Court of Settlement on 22..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......March 5, 1997. Lawyers Involved: Rokanuddin Mahmood, Advocate instructed by Shamsul Haque Siddique, Advocate-on -Record—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Respondent N......se No. 116 of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the appellant and three other accused persons cann..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......not only a general order but also a special order directing at what place or places the Court of Sessions shall hold its sitting. A special order cannot be restricted to mean a particular situation according to a pre set formula. Situations may come up which are unforeseen and cannot be visualiz......espondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Att......pecial order specifically provides. 10. Therefore, without subscribing to the reason or lack of them in the judgment of the High Court Division we find that there is no substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed...Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nd usual norms as are followed in an appeal and further has laid down certain propositions which! are unknown and thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal an......spondent had fired at Mad from a distance of 20/25 cubits was not supported by the medical evidence and that the defence case that it was a same side shot could not be ruled out, The respondent was accordingly acquitted of the charge observing that “We need not consider the evidence of the ...... alias Abdul Khaleq Howlader……………………..Respondent Judgment July 14th, 1997 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abd......mes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case is decided only upon a dogma unsettling the established law and procedure. This, we must say, is highly undesirable and has a corroding effect on the admi..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s directed against the judgment dated 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Po......e dues and our charges of the Port Authority. The appeal is by way of leave under Article 103(3) of the Constitution of the People’s Republic of Bangladesh, which is limited to a question of law. The question involved is whether the learned Admiralty Judge acted beyond his jurisdiction in ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the ......rs, first argues that the High Court Division was wrong in disposing of the revision case on merit in the absence of the learned Advocate for the petitioners. He next argues that the suit is bad in law for non-joinder of party and also for not bringing into hotch potch all the joint properties. ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ...... July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed by the High......urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the sam..Category: Anti-Corruption Laws | Date: | Hits: 75
....of the respondents.
3. The High Court Division by the impugned judgment and order dated 9 May 1994 observed that the impugned actions of the petitioners were violative of the principle of natural justice inasmuch as the respondents were not given any opportunity to show cause before taking the s...... to have taken the actions in an arbitrary manner and they having not appeared before the High Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......vocate-on-Record — For the Respondent (In Civil Petition Nos. 438, 439, 522 of 1994)
Not represented — Respondents (In Civil Petition Nos. 520, 521, 523 of 1994).
Civil Petition For Leave to Appeal Nos. 438 & 439 of 1994.
with
Civil Petition For Leave to Appeal Nos. 520 to 52......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......95 Lawyers Involved: Md. Serajul Huq, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 128 of 1994 (From the Judgment and order......such, the case of the petitioner is liable to be dismissed. 4. Mr. Md. Serajul Huq, learned Advocate appearing for the petitioner, submits that the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Di..Category: Administrative Law | Date: | Hits: 120
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......………………………. Respondents Judgment December 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) an......ts alike and consequently by both the Tribunals below. 9. We shall quote to begin with Article 136 of the Constitution which is as follows: “136. Provision may be made by law for the reorganization of the service of the Republic by the creation, amalgamation or unifica..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: The petition is dismissed. Lawyers Involved: K S Nabi, Attorney-General (Serajul Huq, Senior Advocate with him), instructed by Sharifuddin Chaklader, Advocat......ground for refusal of bail.” We shall only add “to the respondent”. 15. The only question is whether there are reasonable grounds as indicated above for refusing bail, to the respondent. The law permits granting of bail, even in a case where there are such reasonable grounds for refusing ba..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....t compliance of section 339D as it then was. The learned Session Judge has observed that it was a fit case for revival as it involves an offence f day-light murder, Thor, has been no miscarriage of justice and there is no reason to interfere with the impugned order upon time-barred petition. ......s it involves an offence f day-light murder, Thor, has been no miscarriage of justice and there is no reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......ved: Zamiruddin Sircar, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record. Not Represented — Respondent. Criminal Petition For Leave to Appeal No. 145 of 1996. (From the judgment and order dated March 7, 1996 passed by the H......has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, in such I case particularly when a case has been stopped due to expiry of the time-limit (which law has since been repealed) will be deemed to be an ac behalf of the Government so long as tie Gov..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ...... Faruque and ors…………. Defendants- Petitioners Vs. Ehsanuddin and others.... Plaintiffs-Respondent Judgment May 13, 1996. Result: The Petition is dismissed. Cases Referred to- Prodip Das and others vs. Kajal Das Sarma and ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers......that a monthly tenancy is heritable. The learned Judge of the High Court Division rejected the review petition by the impugned judgment and order holding, inter alia, that a subsequent change is case law cannot be a ground for review. 6. Mr. Miah Abdul Gafur, learned Advocate on-Record appearing ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by the High Co......udgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the provisions of section 167 Cr. P. C., which being a procedural law operates retrospectively, the petitioners have no vested right to get benefit for repealed pro..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....hat he had no opportunity of availing of the alternative remedy in section 30 of the Special Powers Act. If and when such a case is made out it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused person. The High Court Division was wrong ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......d under PS Begumganj lodged a first information report with Begumganj PS against the appellant and another Anwarullah alleging, inter alia, that the gram police of the said Union on being directed to siren patrolling in the night to prevent theft, dacoity, hijacking, etc., then taking place in ......, namely, Writ Petition No. 721 of 1994 in which the writ petitioner was a different person, the occurrence was different and the trial was also held by different Special Tribunal, but the point of law involved in the said writ petition was the same as in instant writ petition. The learned Judge..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......tifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Respondents Judgment Novembe......s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in service. The respondent bank preferred Title Appeal No. 94 of ..Category: Administrative Law | Date: | Hits: 131
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......w cause why such order should not be made and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law. 39. On the return day of such Rule or on any day to which the hearing ...... by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment November 20th, 1995 Cases Referred to- Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89, Shameen vs. Government of Bangl......different considerations and no case for review had been made out in the application. 7. Leave was granted to consider the appellant’s submission that the High Court Division erred in law in not considering, that the respondents did not file any affidavit-in-opposition in the case a..Category: Criminal Law | Date: | Hits: 99
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