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Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

.... was filed by the Government and the judgment of the High Court Division reached its finality. It is further stated that as the respondent-government did not return the passport the appellant filed contempt Petition No. 28 of 2000 against the respondents. However, on return of the passport on 15.5......of an individual to travel beyond the border of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they a......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70....... passport under clause (2) of Article 7 shall record in writing brief statement of the reasons for the order and shall furnish a copy of the same to the passport holder. From the order of the learned Judges of the High Court Division we are unable to find out any finding that the order of the Secret..

Category: Constitutional Law | Date: | Hits: 208

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......ction 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being f......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184......., being Civil Revision No.1500 of 1980, under section 115 C.P.C. before the High Court Division challenging the original order of the District Judge dismissing her appeal on 25, May 1976. The learned Judges of the High Court Division, overruling the contention of the other party namely, the appellan..

Category: Procedural Law | Date: | Hits: 112

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......tand how P.W.2 could see a crowd in the house of Azizul Huq when the prosecution has not stated that there was no house intervening between the house of Azizul Huq and house of P.W 2." The learned Judges of the High Court found it difficult to believe P.W 2. Next the wearing of apparels of the ac..

Category: Criminal Law | Date: | Hits: 64

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

....�…….(8) Order obtained on 31-10-1984 from the Appellate Division by suppression of the real fact that by that time possession had already been taken after completion of the joint inventory, no contempt had been committed. Cases Referred to- Mask 44 C.W.N. 700; 17 DLR (SC) 515; 34 DLR (A......Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 ...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

....ment inserting specific terms for the parties concerned. This became clear when Mahbubur Rahman Sikder filed Criminal Miscellaneous Petition No. 8 of 1982 for committal of Mujibur Rahman Sikder for contempt of Court for the violation of the terms imposed by this Court in the aforesaid judgment. Th......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......he power of review is, according to the learned Chief Justice, a Constitutional duty imposed upon a Judge of a Supreme Court by the oath of his office: “It is a duty which is enjoined upon every Judges of the Court by the solemn oath which he takes when he enters upon his duties, viz., to "pres..

Category: Constitutional Law | Date: | Hits: 149

Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......20-3-82 the High Court Division affirmed the judgment and decree passed by the learned Single Judge. 6. The appellant moved this Court and obtained leave to consider whether the learned Judges of the High Court Division, in view of the evidence produced by the parties correctly arriv..

Category: Business or Commercial Law | Date: | Hits: 139

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......er in favour of respondent No.1 was passed ex-parte. Against this order respondent No.3 filed an appeal, being First Miscellaneous Appeal No.173 of 1984, before the High Court Division. The learned Judges of the High Court Division directed the parties to maintain status quo till the disposal of ..

Category: Others | Date: | Hits: 84

M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......t change the method of accounting, that is method of accounting may be changed in course of assessment...…….(36) Section 13 enjoins upon the assessee no requirement for keeping any portion or system of accountancy for computation of its income, profits or gai......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... mercantile system to cash system". 9. Against this order of the Tribunal the appellant preferred Reference Application Nos.12 to 16 of J977 before the High Court Division. The learned Judges rejected the applications on finding that, as the appellant had employed the mercantile met..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... for the plaintiff-appellant, is that though the Amendment was apparently given retrospective effect, this Amendment did not affect or take away the plaintiff's vested right. The learned Judges of the High Court Division are found to have given due consideration to this question and he..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... the plaintiffs in their plaint, allegations remaining the same. The learned Counsel submitted that in view of the findings arrived at by the first appellate Court and affirmed by the learned Judges of the High Court Division, there would be no need to record further evidence in the suit. H..

Category: Property Law | Date: | Hits: 38

Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction.............rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......ed) did not depose in the suit supporting the marriage. The lower appellate court upon fresh consideration of the evidence on record concurred with those very findings of the trial court. The learned Judges of the High Court Division, he submits, without reversing those concurrent findings of fact h..

Category: Family Law | Date: | Hits: 180

Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)

....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ...... learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......igh Court Division committed an error of law in granting full relief to the defendant respondent without issuing any Rule upon the plaintiffs and without hearing them. Secondly, whether the learned Judges of the High Court Division misunderstood and misconstrued the intent and purport of the ord..

Category: Procedural Law | Date: | Hits: 96

Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)

....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......7 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraini......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......ellants, a Division Bench of the High Court Division by the impugned judgment and order disposed of the appeal, directing the trial Court to dispose of the suit by 4th August 1997. The learned Judges, however, did not express any opinion as to the order appealed against, regarding gran..

Category: Property Law | Date: | Hits: 34

Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)

....ing to contempt of court. 4. Then the High Court Division on 3 August, 1998 issued Rule upon the appellants and proforma respondent No. 2 to show cause as to why they should not be committed for contempt of court and also directed them to appear in person on 17.11.1998 at 10.30 hrs. In obedienc......appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka du...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......l Islam J Md. Awlad Hossain and another....Appellants Vs. Joynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Senior Advocate, instructed by Md. ..

Category: Criminal Law | Date: | Hits: 51

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......if was then made Mutawalli in his place. After a lapse of about three years respondent Nos. 3 and 4 brought a suit, being other Class Suit No. 45 of 1985, in the Court of Assistant Judge, Thakurgaon, for removal of the appellant from the office. They also prayed for their appointment as joint Mutawa......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......ator of Waqfs before the District Judge under sub-section (2) of section 32 of the Ordinance which was an alternative and efficacious remedy not availed of by the appellant. Accordingly the learned Judges of the said court summarily rejected the writ petition as not maintainable. 4. The appell..

Category: Trust/Waqf Law | Date: | Hits: 190

Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......93 dismissing the appeal and affirming those dated 30.11.92 of the 3rd Additional Court of Assistant Judge, Dhaka, passed in Title Suit No. 59 of 1992 decreeing the suit. 2. Facts necessary for the disposal of this appeal are stated first below. Respondent Md. Matiar Rahman is an engi&sh......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ...... that the signature in the indent was that of the respondent should not had been treated as legal evidence for not examining the disputed Signature by a hand writing expert. The learned trial Judges obviously had in his mind section 114(g) of the Evidence Act while considering this issue. ..

Category: Employment/Service Law | Date: | Hits: 73

Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)

....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......efunded. Accordingly he refunded the money taken on 10.5.89. Thereafter on 11.5.89 a letter of reinstatement was issued allowing him to join in service on condition that he would not get any salary for a period of 13 months 4 days so long he had been out of service. In pursuance thereof he ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......ervice of respondent No. 2 was terminated not for any trade union activity nor was he deprived of any termination benefit under section 19 of the Act. Secondly, upon the finding of the learned Judges of the High Court Division themselves that the IRO Case was incompetent inasmuch as no indu..

Category: Labour and Industrial Law | Date: | Hits: 105

Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)

....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......he Petitioners. A. M. Amin Uddin, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 pass......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......y its mind to the facts of the case and as such misconceived the law in regard to the provisions of appeal to the Chancellor and wrongly made the Rule absolute. He further submits that the learned Judges of the High Court Division failed to note that Dhaka University is a Body Corporate and has ..

Category: Civil Law | Date: | Hits: 103

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......Petitioner. T.H. Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos. 1-3. Not represented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of Sep......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ...... the plaintiff company had been made as defendants. The plaintiff company by letter dated 08.11.1992 informed the defendant No.1 about the pendency of the said suits in the Court of Assistant Judges and also made a proposal for deleting those properties from the letter of intent and accordi..

Category: Property Law | Date: | Hits: 42

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....10. The writ respondent Nos. 3-5 jointly and the writ respondent No.6 alone filed an affidavit-in-opposition. The respective parties have also filed supplementary affidavits and an application for contempt of Court. 11. The High Court Division upon hearing the parties made the Rule absol......ioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passe......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 89

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