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Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......t at the behest of anyone, not by any duress, coercion or undue influence, it was given to him on due consideration of his application for retirement, and the application was submitted out of his own free volition. These facts are proved by the further evidence that on his release" at his own reques....... 1 was a manager under the Bangladesh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that th...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ...... is allowed without any order as to cost and the impugned judgment and order are set aside. The question of limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994...... of 1993. (From the Judgment and Order dated 9 December, 1992 passed by the High Court Division, Dhaka in Civil Revision No. 2112 of 1992.) Judgment ATM Afzal J.- This appeal by leave is from judgment and order dated 9 December, 1992 passed by a Single Judge of the High Court Division i......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......utory body or corporation is commercial in nature and their affairs are to be run from commercial point of view and for that purpose the procedure for removal of any undesirable employee should be free from any protracted proceeding, as applicable to a Government servant. But in the case of perm......se No. 350 of 1989) challenging his termination alleging, among other things, that the termination was not a termination simpliciter, but it was a punishment in disguise, such as removal/dismissal from service, without giving him an opportunity to defend himself. The Tribunal after hearing the p......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
.... and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where respondent No. 1, which is a very important statutory body in the environmental field and is entrusted with the duty of preserving the environment, emerged as an ins...... shape of private or public nuisance and accordingly, has no locus standi to move the writ petition and the efficacious remedy, if any, can only be obtained by respondent No. 3 in a suitable case; free access of air and light to the rented premises cannot be claimed by a lessee without the activ......20 acres contiguous to the above office building of JSD belonging to the Public Works Department, the respondent No. 4, had been reserved for constructing a public Car Parking Centre as is evident from the Master Plan of the respondent No. 2; Implementation committee for Removal of Traffic and T......ment of sites and the erection and re-erection of buildings within the City; the respondent No.3 under its statutory power, has no authority and jurisdiction to take up the matter of environmental pollution in the shape of private and public nuisance; the respondent No.1, for the greater public ..Category: Environmental Law | Date: | Hits: 293
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......aid of the Supreme Court and are duty bound to respect and assist the judiciary, maintain its supremacy as the embodiment of the will of the people of Bangladesh, so that the people may prosper in freedom and peace. The police as an institution is designed and deployed to maintain peace and orde......sh, which reflects the Republic's commitment to keep high the notion of fairness in the administration of justice, fully and conspicuously hoisted, one sergeant, Shoaibur Rahman culpably abstained from saluting the sacred flag of the Supreme Court, while immediately beforehand, he did, ove......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......of public at large. Before making such submission in writing the learned Counsel ought to have taken more care and caution. The judges of the Appellate Division felt extremely uneasy over the care-free manner in which the learned counsel made the submissions. The Judges of the Appellate Division...... run as under: "2. Learned Senior Counsel for the petitioner Mr. Khondker Mahbubuddin Ahmed went to Gopalganj in the afternoon of Thursday the 2nd February, 2006 and returned from Gopalganj around 9-00 PM on 4th February, 2006 and received a "confidential and urgent l......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......f the Supreme Court at the very last paragraph of its judgment clearly stated, "Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law." Thus, under no circumstances, it can be understood or interp...... as mentioned in section 3 of the Act and the BTRC is the sole and exclusive authority to grant such license necessary for the purpose in the manner as provided in the Act and no separate licence from the Ministry of Information would be necessary for the matters mentioned in section 3 of th......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... obtained by the defendant Nos. 1-3 is illegal, inoperative and void; that it is further stated in the plaint that if the cinema hall be allowed to run in the midst of residential area, the social environment of the local people will be disturbed and peaceful atmosphere of public life will also ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......1-3 (petitioners and respondent Nos. 16-17 herein) have been trying to construct and start a cinema hall within the vicinity of the locality of the disputed plot and are trying to obtain a licence from the Deputy Commissioner. Kishoreganj for running the same in violation of the Cinematograph Ru......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......ase, particularly when there was sufficient time for retrial when the appeal was disposed of by the High Court Division. Result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 14. Mr. Shauka......n had been acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused‑respondents in this appeal by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, b......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......in such institutions special representation shall be given, as far as possible, to peasants, workers and women." 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which......thing like 'district administration' as units of the Central Government and, outside the capital city hardly any existence of the Central Government is felt except the Regional Offices here and there from which officers of the Central Government exercise the general power of direction, control and s...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......e basis of section 24 of the Banking Companies Ordinance it is not considered necessary to deal with the said section or the finding made by the High Court Division in that connection. A counsel is free to give up any point which may have been raised at the time of granting leave and in that case......order on 10.9.86 for attachment of the aforesaid shares of the judgment-debtor No. 2 Khondkar Mahtabuddin Ahmed which were lying with the UCBL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......he mind of the public against the persons as parties in the litigation. 9. The learned Counsel for the appellant has submitted at one stage of the hearing that the appellant was not a free agent when he reported the news items, but he did not elaborate on that. In this report the le......bsequent suit and dragged the suit for mesne profits on different pleas and kept it pending for more than 10 years." "In the meantime, the defendant preferred appeal from the decree passed in the suit of 1952 in Dhaka High Court but it was dismissed on contest, an......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......inafter and forfeit the premium paid by the LESSEE and on such determination, the demised property and any construction thereon shall vest in the LESSOR and be the absolute property of the LESSOR free from all encumbrances." Reliance has also been placed upon clause 24 of the ...... Petition No. 10 of 1989). Judgment: Mustafa Kamal J.- These two appeals, one certificated and the other by leave are from the judgment and order of the High Court Division dated 18.6.90 in Writ Petition No. 10 of 198......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......ners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take forcible possession of the land and that in a free‑fight that followed the labourer, Giasuddin, received fatal injuries from unknown assail......ll the labourer and in prosecution of that common object, four of them caused the death of Giasuddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ion and infringement by the legislature of judicial powers inconsistent with the written, Constitution of Ceylon, which though not in express terms, manifested an intention to secure to the judiciary freedom from political legislative and executive control." 14. In Hinds and others Vs. The Queen......icted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was not the only appell...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......s to see whether tile shipper still retains any proprietary right in the goods. 26. Whether by the transaction by endorsement in a bill of lading the property in the goods passes or not may not be free from doubt but this much appears to be settled that an endorsee is at least entitled to the pos......n) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from disposing of the said cement during the pendency of the Rule and further to direct him to deliv......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......st that the powers be exercised only by the persons designated. 23. There are English cases which suggest that the courts will of everything they can to prevent a convicted person from being freed because of some procedural defect in the manner of execution of his sentence. In RV Mount (18......t the country and stayed in India. The detenu came back to Bangladesh on 16th December, 1990 and contested in the parliamentary election. He was arrested in the early morning of 17th January, 1991 from the WAPDA Rest House, Jhenaidah, where he was spending the night before his intended journey t......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......ith the deceased after being divorced by the deceased. Co‑accused Ezahar Ali submitted a statement in writing retracting the confession made by him earlier stating that the confession was not free and voluntary. 4. The Additional Sessions Judge, Jessore convicted the appellants along...... After completion of the investigation charge sheet was submitted against the four accused ‑appellants along with the confessing accused Ezahar Ali. 3. The defence case, as it appears from the trend of cross‑examination of the prosecution witnesses, was that the appellants hav......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......lants. Accordingly, the appeal is allowed. The appellants will continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha and o......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......how cause notice is mandatory before the opinion of the Government is formed. 7. On the first question, a reference to the language of Article 2(1) set out above indicates that the language is not free from ambiguity. It appears that the legislative authority has employed multiple system in the d......cate with Mainur Reza Chowdhury, Advocate instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 o......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
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