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Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....or most Advocate of the Bar was requested to assist the Court as amicus curiae. 3. Mr. Maudud Ahmed, the learned Advocate for the petitioners in Criminal Revision No. 1155 of 92 and 1679 of 92 also requested the Court to have the views of the learned Attorney ‑General in the matter. We have t......in the instant cases the appeals have been barred by limitation and an application under section 561A of the Criminal Procedure Code cannot be a substitute for an appeal. 7. Mr. Maudud Ahmed has called upon us to assess the evidence and come to a finding that the assessment made by tile Courts ......question. In exercising the jurisdiction under section 561A the High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. That is the function of the trial Magistrate and ordinarily it would not be open to any party to invoke the High Court's inh......p;…………Opposite Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1;..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.............................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is made absolute. The Constitution of Bar Association; Articles 3 & 4(5) The Bar Assoc......n the Supreme Court as an Advocate. 2. The case of the petitioner is that he is a duly elected Member of the Parliament and is acting as leader of the parliamentary party of Jatiya Party. He was called to the English Bar from Lincoln's Inn in 1966 as a Barrister-at-Law and was enrolled as a......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......urisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is mad..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Peti...... on which such act or enactment should come into effect and for the fact that such effective date has deprived certain class of persons of the benefit of the financial measure, such measure cannot be called in question by terming such measure as violative of the equality clause as enshrined in Artic......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......nal Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secret..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....ment land, the Railways had no authority to conclude any such contract with the plaintiffs. The learned Subordinate Judge further held that the contract is hit by section 23 of the Contract Act and also by section 17 of the Acquisition and Requisition of Immovable Property Ordinance, 1982. With thes......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
...... Parishad, filed the suit with the averment, inter alia, that the said Jinardi Union Unnayan Parishad was formed with the object of eradicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application ...... (1994) 268
..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
...................................Petitioner Vs. State...................................................... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193......- By this application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an orde...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......enu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. 3. Thi..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....4, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by the same judgment but the order in respect of the said case is not the subject mat...... 80 of 1984, 81 of 1984, 82 of 1984, 83 of 1984, 94 of 1984, 85 of 1984, 96 of 1984, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......LR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....d.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a ......r an important piece of material evidence". 14. But in the instant case it does not appear that the finding of the learned Magistrate is vitiated by any such defect hence no interference is called for by the learned Sessions Judge under section 439A CrPC. 15. This view was in agreemen...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... it earned was its profit and is taxable in the hand of the assessee. ....................(9) As the surplus, in the instant case, did not remain "in one passage of money in the form of one son of income," if even accepted, the same money entered in another passage in another form of ......to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products. It is a subsidiary company of Bangladesh Petroleum Corporation, hereinafter shall be called “the Corporation". The Corporation was established under the Petroleum Corporation...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......oner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....s punishable with death is entitled to be defended by an advocate provided by the Court in view of the provision made in Chapter XII of the Legal Remembrancer Manual, 1960 to the effect that every person charged with committing an offence punishable with death shall have legal assistance at his tria......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......e said Sessions Case No. 84 of 1985, but a Division Bench of this Court in Death Reference Case No. 5 of 1988 by the judgment dated August 22, 1989 rejected the Reference and sent the case back for retrial relying on the case reported in 36 DLR 333 (State Vs. Imdad Ali Bepari),wherein it was held th......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....d of Intermediate and Secondary Education, and others...........Respondents [In all Writ Petitions] Judgment August 27, 1992. Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 199......hers representatives and Mr. Mir Noor Ali and Mr. ATMA Abdul Hye were elected by the guardians' representative to represent the guardians in the Special Managing Committee, in a meeting specially called for the same. A true copy of the resolution was annexed to the Writ Petition No. 4 or 1990 as......ts of this case, we are clearly of the opinion that as a result of cancellation of the notification under Acting President's Order, certain rights have accrued in favour of the owners of the industrial concern in question and such Tights cannot be taken away by the exercise of locus poenitentiae......sp; Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........R..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....purpose. In fact, a confession of a co‑accused is not evidence under section 3 of the Evidence Act, but it may be used if it is found to be true and voluntary as against other co‑accused not as a solitary basis for their conviction but for the purpose of lending assurance to any other evidence f......s were examined under Section 342 of the Code of Criminal Procedure and at that also they pleaded not guilty and the makers of the alleged confessional statements further stated that the so-called confessional statements were obtained by the police from them through torture and coercion. T......llip;………(7) Whether confession of an accused used against other co‑accused It is true that confession of an accused may be used against other co‑accused in the same trial under section 30 of the Evidence Act. But that is for a limited purpose. In fact, a confession...... ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....angladesh and others………………………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powe......rts of the law itself and need not be super added……….. (15) Public interest must effect directly the interest of a considerable section of the people All interest to be called a public interest must effect directly the interest of a considerable section of the people i......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......nwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………………&h..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
La......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......or as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for offences under sections 395/397/436/109 and 412 of the Penal Code rea......ion)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shabir Hassan alias Bachchu......................Petitioner
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made a..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ued by the Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen o......ctor were asked to show cause or to explain the position but the explanation that was given was not satisfactory and they were asked to rectify the irregularities within 13.12.90. The Bangladesh Bank called further inquiry into the affairs of the company and the said inquiry reveals the same irregul......Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Bangladesh. He is an educated, responsible member of the society engaged in the industrial and commercial activities. He is the chairman and director of the Sun Flower Textile Industrie......n (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
Vs.
Abdur Razzak……………………………Opposite Party
Judgment
June 23, 1992.
Result:
The Rule is made absolute.
Notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......was accepted on 5.2.1984. The Commissioner found that the suit land (SA Plot No. 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support ......t Division
(Civil Revisional Jurisdiction)
Present:
D M Ansar Uddin Ahmed J
Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others……………Petitioners
Vs.
Abdur Razzak…&hel..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
.... the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expression "person in the Defence Services of Bangladesh", whether includes the petitioners who were employees......also acquitted on 28.4.92 by the Additional Sessions Judge, Gazipur. On 12.5.88 a charge of misconduct was drawn up against petitioner Serajul Islam Thakur under the said Rules and an explanation was called for from him as was done in the case of other petitioner. As the explanation given by petitio......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......kur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right when it would be inequitable to do so. Waiver must originate from an agreement— Waiver is an agreement, though ca......ed to participate in the auction dated 4.4.91. The petitioner participated in the auction held on 24.4.91 and came out successful at the highest bid of Taka 1,16,000.00. The petitioner thereafter was called upon to deposit the 50% bid money under the Rules and he paid Taka 58,000.00 on the spot agai......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ...... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....arned Divisional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......lf took up investigation of the case and during investigation the seized some documents and on completion of investigation submitted charge‑sheet. 8. These appellants were ultimately placed on trial before the learned Divisional Special Judge on a charge under sections 409/420/109 of the Pena...... is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....gment ATM Afzal J.- Leave was granted in this appeal by the State to consider whether the High Court Division was justified in holding that the trial was vitiated by misjoinder of charges and persons and further in acquitting the respondents on the said finding alone. 2. In order to apprec......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......ylhet, in Criminal Appeal No.102 of 1984). Judgment ATM Afzal J.- Leave was granted in this appeal by the State to consider whether the High Court Division was justified in holding that the trial was vitiated by misjoinder of charges and persons and further in acquitting the respondents on......bsp; Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....s………….Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangla......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... gross miscarriage of justice. We have given our anxious consideration to the above submissions and we are of the view that in the interest of justice, the matter should be sent back on remand to the trial Court for rehearing with a direction to the plaintiff to serve proper and reasonable notice wi...... ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
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