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Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......a City to a company named International Hotel Holdings Ltd. without holding a public auction at a price much lower than the previously-determined price and on payment of the price of land on interest-free instalments, with a view to deriving pecuniary benefits for themselves or to confer pecuniary b......ly referred to and heard and disposed of by a learned Third Single Judge who by his judgment and order dated 9.5.95 discharged the Rule. The petitioner has preferred this petition for leave to appeal from the last judgment referred to above. 2. Short facts necessary for disposal of the petition a......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......est authority to correct those placed in their charge in the same manner as a parent or guardian would be able to do. But even so, we find it difficult to accept the contention that they must also be freed from the necessity of acting in a manner which excluded every reasonable possibility of unfair......41, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......telephone system in favour of the petitioner company within two months from date and operation of the said system by the petitioner- company within one month thereafter, failing which BTTB shall be free to take such steps with regard to the licence as it will be advised. 3. Accordingly, BT...... the respondents should not be directed to cancel, rescind and /or withdraw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts of the case are, th......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......system in favour of HBTL (respondent No. 3) within two months from date and operation of the said system by respondent No. 3 within one month thereafter, failing which BTTB (respondent No.1) shall be free to take such steps with regard to the licence as it will be advised. The impugned judgment of t......ppeal No.3 of 1993. (From the Judgment and order dated 18.8.92 passed by the High Court Division in Writ Petition No. 1286 of 1992) Judgment Mustafa Kamal J.- These two appeals by leave are from the same judgment and order of the High Court division dated 18.8.92 discharging the Rule in pa......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......gh Court Division or by this Court, the prosecution will not have any corresponding right of revival of the proceeding under the repealed provision of section 339D. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or FIR. It is therefor......the accused person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a stated period. The whole purpose of unamended section 339C was to whip......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......r therefore, the learned Munsif, in my opinion, cannot be said to have exercised the jurisdiction vested in him in a proper manner. I would, therefore, set aside his order and leave the parties free to seek such remedies as they may be advised to do by a suit rather than in a summary proceed......wyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the only married daughter capable of bearing a child. Accordingly, she inherited the properties in question from her father and has been possessing the same through bargadars. The alleged compromise decree i......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......fore the Sessions Court contained more truth. Reading the evidence of these witnesses and the evidence of PW 4 it can be reasonably inferred that Sharifunnessa ran away from her husband of her own free will and had chosen to live with Golam Kader of her own free will on open assertion that she h......3) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: TH Khan J: This appeal from the jail by the accused Golam Kader is directed against the order of conviction and sentence ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......e purchaser of an entire estate in the permanently settled districts of Bengal (Bihar and Orissa), sold under this Act for the recovery of arrears due on account of the same, shall acquire estate free from all encumbrances which may have been imposed upon it after the time of settlement; and s......R Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the Respondents. Appeal from Appellate Decree No. 384 of 1961. Appeal against the decree of Mr. Md. Moseeh, Subordinate Ju...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......s follows: (1) The Conservator may remove, or cause to be removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing place, wharf, quay, dock, moo......public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate of the 1st Class at Chandpur restraining the Company permanently from constructing a wall on the site in dispute. 2. It was upon hearing both sides that the learn...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......luntary retirement. 4. Affidavit-in-opposition has been filed on behalf of the respondent Nos. 2-4 denying that there was any coercion, rather the petitioners voluntarily and out of their free will applied for retirement under the scheme and the same was confirmed by way of retirement. ......urt Division in Writ Petition Nos. 1139 and 1140 of 1997). Judgment Latifur Rahman J.- Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998 arise from Writ Petition Nos. 1139 and 1140 of 1997 disposed of by a common judgment by a Division Bench ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..Category: Employment/Service Law | Date: | Hits: 85
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 further case of the defence is that PW 12 Abdul Huq Bhuiyan and Wali Newaz Bhuiyan supported Pakistan occupation army during the war of liberation, while accused-respondent No. 1 Giasuddin was a freedom fighter. During the war of liberation, PW 12 Abdul Huq Bhuiyan and their supporters killed ......9 and Criminal Appeal No. 67 of 1989 together and by a common judgment and order dated 16-8-91 rejected Death Reference Case No. 1 of 1989 and altered the conviction of accused-respondent Nos. 1-6 from under sections 302/149 to section 304 Part I of the Penal Code and sentenced them to suffer RI......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ...... having been refused by the Division Bench. 2. The petitioner, appearing in person, has placed Article 3C which is as follows: “3C. A member shall be entitled to import free of customs duty, sales tax, development surcharge and import permit fee during the whole of h......rticle 68 of the Constitution and on other grounds, in Writ Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a certificate under Art......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
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. ......ver power to the Caretaker Government for conducting parliamentary elections under the Constitution. The whole process was completed with active assistance and co-operation of the detenu so that a free and fair election can be held and all citizens irrespective of party affiliation can participa......91 passed by the High Court Division, Dhaka in Writ Petition No. 147 of (1991). Judgment ATM Afzal CJ.- This appeal, by leave, is from a majority decision of the High Court Division in Writ Petition No. 147 of 1991 discharging th......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. ..Category: Constitutional Law | Date: | Hits: 191
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......e is also a branch of civil service which consists of civil administrative executive services than there will be no bar in law in extinguishing the judicial service. On theory, the Parliament will be free to legislate and the Government will be free to pass an order that members of BCS (Administrati...... Article 152(1) The judicial service is a service of the Republic within the meaning of Article 152(1) of the Constitution, but it is a functionally and structurally distinct and separate service from the civil executive and administrative services of the Republic……..76(1) Articles 115, 1......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ower in the absence of any guide line in the said provision of the Act. In that decision it was observed as follows: “In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a ......der dated July 10, 1997 passed by the High Court Division in Writ Petition No. 5764 of 1996). Judgment Kazi Ebadul Hoque J.- This appeal is by leave from judgment and order dated 10-7-97 passed by a Division Bench of the High Court Division dischar......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....1898 (V of 1898), Section 491 It will be inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she should be allowed to come out of unwholesome environment of a prison house. It is right and proper that the victim girl should stay with her par......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... order dated 25 March 1998 passed by the High Court Division Criminal Miscellaneous Case No. 1259 of 1998) Judgment ATM Afzal CJ.- This appeal by leave is from judgment and order dated 25 March 1998 passed by a Division Bench of the High Court Division C......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ow that the prevalent international market price of any particular item is approximate to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of documents annexed by both sides as to on whose side the scale is heav......udgment and order dated 17-12-1996 passed by the High Court Division, Dhaka in Writ Petition Nos. 4336 and 4337 of 1996 respectively). Judgment Mustafa Kamal CJ.- These two appeals by leave are from the judgment and order dated 17-12-96 passed by a Division Bench of the High Court Division in ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
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 ......ding when President’s Order 16 of 1972 came into operation the, disputed building became abandoned property under the provision President’s Order 16 of 1972 and vested in the Government free from all encumbrances and, such, the enlistment of the disputed building in “ka” ...... son of Md. Yahiya nor the owner of the disputed building. Md. Nasim never possessed the disputed building as he had no ‘interest therein, Respondent No. 1 fraudulently obtained the sale deed from the said Md. Nasim and claimed the disputed building as his own. As the whereabouts of the or...... 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 ..Category: Property Law | Date: | Hits: 89
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... 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 ......02 of the Constitution is available to an accused person when he had no reasonable opportunity to avail of the statutory remedy of appeal under section 30 of the Special Powers Act. 9. It is free from any doubt that when an equally efficacious alternative statutory remedy is provided for ......5-94 passed by the High Court Division in Writ Petition No.720 of 1994). Judgment: Mustafa Kamal J: This appeal by leave by the convicted-appellant is from the judgment and order of a Division Bench of the High Court Division dated 10-5-94 in Writ Pe...... 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 ..Category: Criminal Law | Date: | Hits: 98
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... the lacuna. Accordingly, the High Court Division set aside the order of remand, restored the decree passed by the trial Court and made the Rule absolute ‘subject to realisation of ad valorem court free from plaintiffs within 6 (six) months’. No order, however, was made for delivering up of the ...... the consideration. In fact, he made no payment of the consideration. Therefore the kabala remained with the plaintiffs. After the conclusion of the requisition case the plaintiffs demanded the money from the defendant but he did not pay the same and, on the other hand, wrongfully occupied the porti...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
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