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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. ......er of Works on 31-1-93 praying for exclusion of the property from the “Kha” list but to no avail. They contended that no notice for surrendering or taking possession of the property in question as abandoned property was ever issued under section 7 of the Abandoned Buildings (Suppleme...... 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. ..Category: Property Law | Date: | Hits: 56
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......fique-ul Huq, learned Counsel for the plaintiff-petitioners, submits that the High Court Division has given an erroneous interpretation of Order 39 rule 7 CPC. 7. Without entering into the question as to whether the interpretation given by the High court, Division on Order 39 rule 7 CPC ......ule 7 CPC. 7. Without entering into the question as to whether the interpretation given by the High court, Division on Order 39 rule 7 CPC is correct or not we are of the view that in the facts of the present case it will not be fit and proper to allow an inspection when the plaintiffs ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......dgment and order passed by a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1989 making the Rule Nisi absolute and declaring thereby enlistment of the Buildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 2...... of cases in the Court of Settlement in respect of the disputed property, where applications have already been filed by the writ petitioner for withdrawal of those cases. (iv) In the facts and circumstances of the instant case, rejection of the writ petition on the ground of not a..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. ......ed of by a 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 o......opening of the LCs the prevailing rate of tariff was lower. In all the cases, the prevailing tariff rate as per SRO was enhanced by subsequent SRO. 4. It will be worthwhile to narrate the facts of one case, Civil Appeal No. 6 of 1995 which arises from Writ Petition No. 1786 of 1990. The..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. ......aiming himself as a lessee under the Bangladesh Fisheries Development Corporation, briefly BFDC, in respect of the fish selling stalls at 244/245. Mirpur Shah Ali Government Market, Dhaka called in question in the said writ petition the propriety of the orders dated 20-6-90 and 6 Annexures &lsqu...... 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. ..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. ......der of the Board of Investment to allow exempted rate for releasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should get the benefit of SRO in question…………..(13) Lawyers Involved: AW Bhuiyan Ad......en 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 the writ pe..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......; ATM Afzal CJ.- This petition is from an order passed by a Division Bench of the High Court Division allowing an application for modification of an earlier order. 2. Relevant facts are like this: the petitioner filed a First Appeal, No.253 of 1993, in the High Court Divisio..Category: Others | Date: | Hits: 74
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....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.......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.......rd to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner and to substitute the same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. ..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. ......disbelieved the deposition of defendants’ witness without giving any valid and cogent reasons. The learned Single Judge also found that the finding of the lower appellate Court with regard to question of partial surrender is also not legally tenable. The learned Single Judge found that the ...... 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. ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....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. ......ial 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 undoubted right to direct a retrial where there has not been a trial i......l there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a consid..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... 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. ......rigram was his first posting to the high office of the executive head of a district and being burdened with the responsibilities of that high office with little experience, wrote the letters in question, in good faith believing that he had to do so for discharging his duties as the chief exe......to their judgments and orders. Mr. Ahmed submitted that the appellant should have tendered unqualified apology before the High Court Division at the first opportunity without trying to explain the facts of the various cases which formed the subject matter of his report. Unfortunately, he did not..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. ...... Division by the impugned common judgment quashed those proceedings upon making the Rules absolute accepting the contention of the 2nd party that the civil Court having been already seized with the question of regulating possession of the disputed land in the civil suit between the same parties ......ceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant facts are: Upon a prosecution report dated 25-2-97 submitted by a Sub-inspector of Police. Mizanur ..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. ......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. ......onfused as to the law on preventive detention which was here-to fore almost settled. This appeal has therefore a public purpose and importance. 9. We may now set out the facts of the case from the judgment of the senior most Judge MA Jalil J. ..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. ......ourt but simply corrected the error of law committed by the Court of Settlement. He also contended that when the certified copy of the deed of gift has been produced the Court of Settlement cannot question the validity of that document. The Court of Settlement travelled beyond its jurisdiction b...... deed of gift has been acted upon. 7. As regards execution and registration upon or not deed of gift it appears that the Court of Settlement failed to appreciate the legal positions and the facts involved in the present case. It appears from the letter of the Sub-Registrar that the deed o..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. ......ation made, after the period of limitation prescribed therefor by the first schedule shall be dismissed subject to the provisions of sections 4 to 25 (inclusive). 9. The proceeding in question was initiated by the petitioner before the Administrative Tribunal under sub-section (2) o......Tribunal. The Appellate Division, upon a civil petition for leave to appeal, found the said view to be correct. The decisions cited by the learned Counsel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This C..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. ......of decision of the Government for acquisition of land as contemplated under section 12 of 1982 Ordinance does not render such land liable to be released in that section 12 is not applicable to the facts of the instant cases which were started long before the Ordinance came into force in view of ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......urt of Settlement the said Court was not duly constituted, it was so constituted and functioning when the writ petition was made. When the Court of Settlement was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not be said that forum did not of......m No. LA Req/89 dated 19 December 1989(Annexure E) and also the inclusion of the property in the list abandoned properties as having been made any lawful authority. 6. Briefly stated, the facts of the case as set out in the writ petition run thus. The property in question belonged to J..Category: Property Law | Date: | Hits: 73
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. ...... 96 Cr. P. C. no such restriction on the right of a citizen can be imposed. Thus the submission that by search and seizure no fundamental right, of the petitioner is violated is misconceived on the facts of the instant case. The learned Judges of the High Court Division rightly directed the resp..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. ......ce of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153 in that those decisions were on interpretation of section 19(1) of the Industrial Act 1947 and has no manner of application to the facts of the present casein which interpretation of section 42(2) of the Industrial Relations Ordin..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......eported case of 51 DLR (AD) 40. Mr. KS Nabi in fact did not point out any distinction from the facts of the reported decisions with the case of Mustafizur Rahman. Hence we decided that case on the question that a vested right of the importer by such notification can not be taken away. In that d......ll of entry. This particular case therefore is not a case of change in the exemption granted under section 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of la..Category: Fiscal/Taxation Law | Date: | Hits: 94
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