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Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....e learned Attorney‑General has appeared and at the outset submitted that he will not, and cannot support or defend the impugned judgment and has agreed that the said judgment constitutes both contempt of this Court and violation of Article 111 of the Constitution, which says that a law decl...... of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by t......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......High Court Division and that willful disregard of this law settled by the Appellate Division constitutes violation of the Constitution "to preserve, protect and defend" which the learned Judges have taken oath of office. 2. The impugned judgment of the High Court Division was pa..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......Respondents (In Civil Petition No. 58 of 1992) Subash Chandra Das and ors..................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......nvoking section 12 does not arise. It is only in case of non‑compliance of the provisions of section 10 the question of abatement or revocation of the acquisition proceeding will arise. The learned Judges of the High Court Division totally failed to examine this aspect of the matter and erroneousl..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest f......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......add a few words of my own in this case. 19. In this appeal, leave was granted to consider whether in view of section 34 of the Code of Civil Procedure and Interest Act XXXIII of 1989, the learned Judges of the High Court Division acted wrongly in awarding interest amounting to Tk. 33 lac for the..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......r whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are tha......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......nbsp; Kemaluddin Hussain CJ.- Leave was granted to consider whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the..Category: Property Law | Date: | Hits: 61
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by th......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e effect. In support of this contention he has referred to the case of Manzoor Qadir, 22 DLR (SC) 65. In that case right of legal practice was given by the President's Order No. 21 of 1962 to retired Judges of the High Court, who had been Advocates prior to their elevation to the Bench. The responde..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ted in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ion under section 561 CrPC did not at all lie and at any rate the ‑High Court Division wrongly interfered with the order of the Sessions Judge on the basis of such application, (2) that the learned Judges misdirected themselves in relying upon the provisions of Muslim Personal Law regarding attain..Category: Criminal Law | Date: | Hits: 68
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......and gave split Judgements. Md. Joynul Abedin J, discharged the Rules in all the writ petitions while Abdus Salam Mamun J, made the Rules absolute in all the writ petitions, Since the learned Judges differed with each other, the matter was placed before the learned Chief Justice for necessa..Category: Civil Law | Date: | Hits: 103
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
.... carrying the flag on his car, and even going to the indifference and sought to humiliate the authority, dignity and prestige of the Supreme Court of Bangladesh and made themselves guilty of gross contempt of Court…………..(24) In view of the deliberate acts of th......impugned sentence…………………..(23) The contemner though tendered unconditional apology but they did not promise that they would never repeat the forbidden act. It was devoid of remorse as well. The contemners by casting doubt about the flag of ......he flag of the Supreme Court and thus all forces and the authorities of the Republic and accordingly, the Police are duty bound to salute the same and any questioning thereof definitely amounts to scandalising or defying the flag with ulterior motive. When the contemner by visible representation......the unconditional apology or to reduce the sentence of the contemners…………………(28) Cases Referred To- Abdul Huq, DC vs. District Judgeship 51 DLR (AD) 15; Aziza Khatun vs. State 19 DLR 354; LD Jaikwal vs. State of UP AIR 1984 (S..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....66 of 2005, the Election Commission, represented by the Chairman (Chief Election Commissioner) and Alhaj Nurul Islam Moni MP to show cause as to why they shall not be proceeded with for committing contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. ...... in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public at large. Before making such submission in writing the learned Counsel ought to have taken more care and cauti......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. ...... Contempt of Court Statement of para 3 of the impugned Petition filed on 5-02-2006 in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public a..Category: Election Law | Date: | Hits: 108
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....s duty as per relevant Rules within one week from the date of receipt of the copy of the order, failing which the matter would be sent to appropriate Bench for issuing Rule upon them for committing contempt of Court. 2. Short facts are that the respondent, Abdur Rahim, went to Bangkok and......d by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant…&hellip......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......ng in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against the smuggled goods. This case being under section 156 of the Customs Act for bringing smuggled goods inside the country. Section 156 of the Customs Act is directed against ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......list of the prohibited goods. He also submits that as neither the ship owner denied the truth of the list and the Captain did not state that the cargoes were shipped for another port, the learned Judges were in error holding that the customs authority wrongly held that the seized goods were pr..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ed party. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions o......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......nsider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusal of the impugned judgment, we find that learned Judges of the High Court Division having meticulously considered the case of the parities, the provi..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evi......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......f dowry from the victim or tortured and killed the victim for dowry, Regarding Khata, Exhibit 2, my learned brother in his judgment discarded it by giving elaborate reasoning. Further, the learned Judges of the High Court Division also failed to consider that admittedly the victim used to write ..Category: Criminal Law | Date: | Hits: 59
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. ......earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the trial Court;......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. ......haukat Ali Khan, learned Advocate for the complainant appellant, has submitted that the order of acquittal has been passed in appeal disregarding the clear evidence of forgery and that the learned Judges of the High Court Division misread the evidence on record and erroneously held that PWs 1, 2..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ia to the borders of Arakan. But the narrow strips of land on the coast line of the country, with foreign trading Centres, but gradually transforming into ruling class were overlooked or ignored with contempt. The East India Company with experience of local bodies institutions at home first set up a......s. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR ...... 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. ...... Among other things, they alleged that Article 9 requires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all th..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February 20,1...... of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February......ruct or interfere with the due course of justice or the lawful process of the Courts is a contempt of Court. The former class belongs to the category which Lord Hardwicke, LC, characterised as 'scandalising a Court or a Judge’: (1742) 2 Atk. 469 (6). That description of contempt is to be......ich Lord Hardwicke, LC, characterised as 'scandalising a Court or a Judge’: (1742) 2 Atk. 469 (6). That description of contempt is to be taken subject to one and an important qualification. Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offe..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......91 passed by the High Court Division in Writ Petition Nos 868 and 1560 of 1991 respectively). Judgment Shahabuddin Ahmed CJ.- In both these appeals by special leaves, the only question for consideration is whether the High Court Division is well founded in law in rejecting the content......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... any authority thereof. The Chancellor may constitute such a Commission with competent persons from another University or from some other Organisation or Department of the Government. But the learned Judges of the High Court Division Confused the Enquiry Commission under Article 52 to be constituted..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ption the award could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High Court Division. 3. The respondent...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......t exercise appellate power. We cannot also inquire into the matter as to how the evidence was appreciated by the Arbitrator. Thus, there being no misconduct on the part of the Arbitrator, the learned Judges of the High Court Division wrongly interfered with the award. 45. I need to say a word..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......;Vs. Montu alias Nazrul Haque & others...................................................... Respondents [Criminal Appeal No. 2 of 1989] AHM Kamaluddin son of the deceased Informant ……………………………&hel......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ...... liability, is not applicable to this case. He has strenuously argued that in view of the proved facts and circumstances S. 34 is clearly applicable and that the contrary view taken by the learned Judges is palpably erroneous causing miscarriage of justice. He has next argued that exclusion of a..Category: Criminal Law | Date: | Hits: 93
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