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.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... Rule holding that if without waiving one's right under the agreement for arbitration some step is taken for the purpose of appreciation of the nature of the case then he will be free to make an unqualified prayer for stay in terms of section 34 of the Arbitration Act but if it......for settling the dispute upon referring the same to the appropriate arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration within one year from the date of receipt of the records from the court and also holding that in case of failure the...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......t be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………………..(9) &......considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………………..(9) ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..

Category: Property Law | Date: | Hits: 55

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......d by the ruling party and, as such, impartial inquiry cannot be expected. The petitioner thereafter preferred appeal to the Election Commission for taking effective action to protect the process of free and fair election by taking appropriate action in respect of unfair step taken by the ruling p...... Rule issued earlier. 2. The short fact leading to this petition is that the petitioner was earlier elected a Member of the Parliament on the ticket of Bangladesh Awami League from the constituency No.140 Tangail 8, Shakhipur Bashail and due to difference of opinion with the....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....e inserted. Similarly, amendments were made by including or substituting other activities such as promotion of social welfare, activities conducive to the protection and improvement of the natural environment (including forests, lakes, rivers and wildlife) compassion for living creatures, litera......to regulate receipt and expenditure of foreign donations for voluntary activities and voluntary activities means an activity undertaken or carried on by any person or organisation of his or its own free will to render agricultural, relief, missionary, educational, cultural, vocational, social wel...... Stock Companies and Firms. Thereafter BRAC invested moneys in the purported BRAC Bank Limited to the extent of Taka 19,99,400 being 99.97 percent of the paid up capital of BRAC Bank as is evident from the Memorandum and Articles of association of the Bank. It is apparent from the objectives of ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..

Category: Constitutional Law | Date: | Hits: 199

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......k in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immovable properties and that other facilities like 'interest free Blocked Account' were also made available to the petitioner and that the petitioner availed of......ch vest in the President and in case of posting, as in the present case, the Supreme Court has been consulted and the action in question has been taken with the approval of the President as evident from the gazette notification published to that effect inasmuch as even in the absence of such not......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 121

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......ise of a trust, an important pecuniary benefit, the onus is on the grantee of showing conclusively that the transaction is honest, bona fide, well understood, the subject of independent ad- vice, and free from undue influence. What is to be noticed in this case is that the grantee of the document wa......tated in the case of Ayani Dasi vs. Arena Bala Dasi 12 D.L.R. 603. 2. Facts bereft of controversial matters, are that the land in suit belonged to Sujan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bib......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 53

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......f the religion of Islam and the various ceremonies therewith and for the acts of charity towards the needy persons like the wayfarers the poor, the blind and the invalid and acts like education and free medical treatment of the general public residing within the wakf estate, wakf, which are treate......High Court of East Pakistan In the case of Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 D. L. R. 286, the Appellate Tribunal took the view that the agricultural income derived from the Wakf is wholly exempted from tax under section 4(b) of the Bengal Agricultural Income Tax......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..

Category: Trust/Waqf Law | Date: | Hits: 239

State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... powers of the President, who acts under the Constitution which in its preamble pledges "that it shall be a fundamental aim of the state to realise through the democratic process a socialist slate, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equ......and unsuspended Constitutional provisions were kept in force and allowed to continue subject to the Proclamation and Martial Law Regulations or Orders or other Orders and the Constitution was amended from time to time by issuing Proclamations……………………(18) Martial Law Courts be......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..

Category: Criminal Law | Date: | Hits: 294

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......ing the confession. Mr. Shahidul Islam has submitted that even if, for the sake of argument, it is taken that the confessional statement was true and voluntary and also incriminating in nature and free from any blemish or infirmity, it was admissible against its maker only, but no conviction of ......Revision No. 938 of 1990. 2. Facts giving rise to this appeal are given briefly below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Statio......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..

Category: Criminal Law | Date: | Hits: 44

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ecution case from the evidence of P.W. 18. As for P.W.s 6 and 7 the trial Court clearly held that their recognition of the accused persons from 250/300 yards away in the middle of the river was not free from doubt. The trial Court, therefore, discarded their evidence. It clearly held that there ......dismissed, but the appeals of the other six condemned prisoners were allowed and they were acquitted of the charges. 3. Thereafter the four accused‑appellants obtained leave of appeal from the Judgment and order of the High Court Division dated 17/18‑3‑91. 4. P.W. ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..

Category: Criminal Law | Date: | Hits: 60

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......CA No. 16 of 1993 has supported the Registrar's order dated 2.5.90 and is aggrieved by its cancellation by the High Court Division. 9. Article 38 of the Constitution guarantees the right of freedom of association in the following manner: "38. Every citizen shall have th...... 15 and 14 of 1993 respectively and Bangladesh Biman Flying Service Association of Cabin Crew, which added itself as respondent No. 6 in Writ Petition No. 1311 of 1990, preferred CA No. 16 of 1993 from the said Judgment and order of the High Court Division. These appeals by leave have been heard....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..

Category: Labour and Industrial Law | Date: | Hits: 103

Sompong Vs. State, 1993, 22 CLC (AD)

....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......r section 156(8) of the Customs Act. 10. The High Court Division set aside the order of conviction and sentence upon various grounds including that the prosecution case of smuggling was not free from doubt and schedule and non‑schedule offences were illegally Wed together. There has...... Division however, in the same Judgment upheld and confirmed the order of confiscation of the seized goods. The appellant being aggrieved by the said order moved court and obtained leave to appeal from the same. 4. In order to appreciate the point involved in the appeal it is necessary to......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..

Category: Criminal Law | Date: | Hits: 62

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...... which the High Court Division was satisfied about the propriety of the detention order. Ordinarily such a finding was enough to dismiss the appeal in this court provided the order of detention was free from challenge otherwise. 37. Mr. Moudud Ahmed while mainly arguing on the vagueness a......had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was previously detained twice from April 1982 to April, 1983 and from November1984 to March 1985. In November 1988 another order ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......n the Government by or under any law for the time being in force, shall, by virtue of this Article and without any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgage, charge, lien, interest or other encumbrance whatsoever". (The und......r Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals‑‑Civil Appeal Nos. 31 and 40 of 1991‑have arisen from Writ Petition No. 365 of 1987 which has been disposed of by the impugned Judgment of the High ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..

Category: Property Law | Date: | Hits: 65

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......es, 1983. Rule 70 provided for the Election Commission's power to review any order passed by any Officer in connection with elections and to make any consequential order for the purpose of ensuring a free, fair and just election. That power, it may be mentioned, was given with the provision "Save as......ructed for reasons beyond the control of the Presiding Officer, he shall stop the poll and inform the Returning Officer that he has done so". The Returning Officer, on receipt of such a report from the Presiding Officer, shall immediately report the matter to the Election Commission and then ......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..

Category: Election Law | Date: | Hits: 117

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......ip;..may make such order with respect to the property in dispute …as he thinks fit. 12. The views in Hine Vs. Hine [1962] 3 AIL ER 345 that the above provision of law gave a free hand to do what is just, and in Jansen Vs. Jansen [1965] 3 All. ER 363 that it gave rights whe......e building are assessed in her name. The husband filed the title suit on 29th August. 1980. The wife filed a suit for dissolution of marriage on 30th September, 1980. The couple lived in the house from January, 1973 till July, 1980. The husband realised Tk. 8000.00 per month from the tenants. Th......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..

Category: Property Law | Date: | Hits: 80

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ...... — THE PROCLAMATION OF INDEPENDENCE, MUJIB NAGAR, BANGLADESH. Dated 10th day of April, 1971. Whereas free elections were held in Bangladesh from 7th December, 1970 to 17th January, 1971, to elec......xercise of all his functions on the advice of the Prime Minister. 7. It was urged that clauses (5) to (8) of the Provisional Constitution Order which sought to alter the system of Government from the Presidential to the Cabinet system being invalid and the second President having been appo......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... petition was not bad for laches and delay. 7. The term "citizen", derived from the Latin word "civis" is no longer understood in the narrow sense of earlier times as an inhabitant of a city or a freeman having a family in a city or as the representative of a city in parliament. By citizen we me......go to London in March, 1972, but he failed to obtain any travel document. He arranged a Pakistani passport for going to Saudi Arabia for performing Hajj in December, 1972. During Hajj he came to know from fellow-pilgrims from Bangladesh that a political mispropaganda was running high in Bangladesh a......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......Sessions Judge's decision is not final in relation to a person who has not filed the revisional application to the Sessions Judge but has been impleaded therein as opposite party. Therefore, he is free to go to any appropriate forum to challenge the Sessions Judge's decision; but he cannot go to......ts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by threat and physical assault, snatched away Taka 5000.00 from the Informant whereupon Haluaghat Police Station Case No. 2(5)93 was registered under sections......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..

Category: Criminal Law | Date: | Hits: 98

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......actual purchasers namely, the students. The plaintiff did not agree to make any reduction in the price taking the ground that even after delivery of the cars the plaintiff would be required to render free service to those cars for proper maintenance for several years. The defendant, however, unilate......e instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 46 of 1991. (From the judgment and order dated 29.5.1991 passed by the High Court Division in Appeal from Original Decree No. 7 of 1088). Judgment Shahabuddin Ahmed CJ.- This appeal by leave i......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..

Category: Business or Commercial Law | Date: | Hits: 128

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