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Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......, 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this proviso, is entitled to the benefits as admissible under this rule, only for the period from his appointment to the date of suspension and thus such order has not affected......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......t having been passed retrospectively i.e. from the date of suspension of the appellant, was illegal because such retrospective effect of an order of punishment is not contemplated in law. The learned Judges of the High Court Division negatived all the three contentions including the one mentioned he..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......fences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking cognizance of the offence ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......cate that the case on 'narajee' filed by the complainant was proceeding as an ordinary criminal case after the 'narajee, petition was entertained, in view of the repeal of PO. 50 of 1972. The learned Judges of the High Court Division were not correct in basing their decision on the assumption that t..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......granted to consider the question as to whether intervention of a public pathway severs contiguity as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts relevant for consideration of the question are that the appellant petitioners purchased several parcels of ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......sion of the Courts below took an erroneous view that the word 'contiguous' is synonymous to the words ‘adjoining', and the word cannot be construed as touching and, in this respect, the learned Judges referred to the case of Haynes v. King (1893) Ch. 349. The learned Counsel submitted that t..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judicio......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......d order dated 28.11.78 passed by the High Court Division in Civil Revision Case No. 891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ...... ......Respondent Judgment August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......were examined and their statements recorded also in his absence and thereby violating the principles of natural justice. 4. From the judgment of the High Court Division it appears that the learned Judges accepted the statement of the appellant that he was not given personal hearing either by th..Category: Employment/Service Law | Date: | Hits: 72
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ...... No. 1, Sylhet, who took cognizance of offences under Section 148/324/431/379 of the Penal Code read with Section 26 of the Special Powers Act, 1974, 2. Facts briefly stated are that on a First Information Report filed with the Officer-in-Charge. Balaganj Police Station, District Sylhet, stating......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......r. There being no report to that effect by the officer concerned the Sessions Judge and for the matter of that the Special Tribunal was not at all competent to take cognizance and that the learned Judges of the High Court erred in not considering that unlike Criminal Procedure Code, the Special ..Category: Criminal Law | Date: | Hits: 60
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......esses and held that appellant's vendors never migrated to India either in 1947 or in 1965 or in the year 1971. The enquiry report was not accepted by the Joint Secretary, Land Administration & Land Reforms, Administration Division and he held that the property vested as Non-Resident-Property (Admi......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......stan some time before the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed question of fact and so it could not be decided in the writ jurisdiction, and the learned Judges were of the view that the order passed by the Enemy Property authority declaring the proper..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ve any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ourts subordinate the High Court, proceedings pending before them cannot be quashed by the High Court in exercise of its powers under section 561A of the Code of Criminal Procedure. 6. The learned Judges of the High Court Division quashed the proceedings and expressed the opinion that the state..Category: Criminal Law | Date: | Hits: 66
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 ...... whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their conviction for theft on the ground that the conviction was based on no evidence. The impugned order of the Hi......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 ...... the uncorroborated statement of his co‑accused only is not a question of law, then what a question of law is? 7. In disposing of the application under section 561A Cr.P.C. the learned Judges of the High Court Division fell into the same error as the learned Sessions Judge and did n..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......ver could not be appointed by a civil Court in a suit for declaration of title simpliciter of immovable property. The reason for so holding is because of the problem which, according to the learned Judges, arises on the conclusion of the suit in making over possession of the disputed property be..Category: Civil Law | Date: | Hits: 112
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by th......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......l neglect and serious laches on the part of the Government's officers, particularly the law‑officers involved in this matter. Learned Counsel has also criticised the view taken by the learned Judges of the High Court Division that in appropriate cases the Government, as a litigant, might b..Category: Property Law | Date: | Hits: 101
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 ......urther to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 198......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 ......s to the alleged eye‑witnesses having seen the assault by the appellants upon the victims. P.W. 11 does not at all satisfy the tests of a corroborating testimony. It appears that the learned Judges of the High Court Division failed to exercise any caution, far less an extreme caution, in c..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ....../56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Govern...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......e of agreement and wrongly held that the property was an abandoned property on the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petition did not at all apply their judicial minds to th..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......rtion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plots taking the ground that these two ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......f "contiguity" might have been applicable. 4. A similar question came up before this Court in a subsequent case, Hazi Tozammbar Ali vs. Abdus Sattar, 34 DLR (AD) 217. Three of the Judges of this Court were common to the decisions in both the cases, one in 32 DLR (AD) 54 and the..Category: Property Law | Date: | Hits: 72
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ther the High Court Division was right in taking the view that no complaint by the court as required under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......lthough such information to the police ma come within the ambit of the expression "falsely charges any person" as used in section 211 of the Penal Code." 6. The learned Judges in support of the above proposition relied on some decisions of the Calcutta High Court, nam..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ...... Syed Ameerul Islam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate-on- Record - For the Petitioner. Not Represented –The Respondents. Civil Petition for Leave to Appeal No. 355 of 1989. (From the Judgment and order dated 6.6.89 passed by the......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......ing that in calculating the shortage the two circular orders, Ext. 11 and 12, were not considered. Respondent challenged the order of Labour Court by Writ Petition No. 113 of 1987; and the learned Judges of the High Court Division allowed the petition and reversed the Labour Court's order observ..Category: Labour and Industrial Law | Date: | Hits: 79
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 ......der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu 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 pre......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 ......earned brothers. Latifur Rahman J: Mr. Moudud Ahmed, learned Advocate for the appellant, has argued before us that, the learned Judges while considering the confidential report of the Government and other materials relating to ..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......udgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appellants and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Taka 500.00, in default to suffer rigorous imprisonment for...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......nted for reconsideration of the evidence on record as a great doubt as to the truth o the prosecution case arises in the facts A circumstances of the case and consequently to examine if the learned Judges of the High Court Division erred in law in not granting benefit of doubt to the accused app..Category: Criminal Law | Date: | Hits: 66
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. ......special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counti......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. ......sis of this report and also in view of the fact that a high number votes in that Centre was cast in favour of only one candidate, the Election Commission cancelled it and directed repoll. The learned Judges referred to two decisions of this Court reported in 41 and 43 DLR and found that there was no..Category: Election Law | Date: | Hits: 117
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