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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ...... the given date of acquisition was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. T......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ...... of the Act should, have been taken into consideration. The learned District Judge as Arbitrator dismissed the arbitration case. The owner-respondents preferred an appeal, and the learned Judges of the High Court Division set aside the order of the Arbitrator, and sent the case back on ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974). Judgment: Ahsanuddin Choudhnry J: In this appeal by special leave the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Su......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......; So a question arose whether the said prosecution was saved by section 6 of the General Clauses Act as it was not saved by section 648. It was held that the prosecution was not saved. The learned Judges observed as follows: "It is a well established principle that in applying ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property Tax Act,......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......the impugned Notification by which the said Act was purported to have been extended to the said village' Sholashahar was without any lawful authority. According to the learned counsel, the learned Judges of the High Court having failed to properly notice the well-know rules of construction of a ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......itions of the service contract, and even though there was breach of the regulation, yet no declaration of nullity could be given, but it may give rise to a claim for damages only. 49. The learned Judges—they were two, Shelat and Vaidialingam, JJ.—appear to have taken the view that the Regula..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah Abdul Gafur, Advocate (on permission) —For the Respondent. Petition for Special Leave to Appeal No. 55 of 1976. (From the judgment and decree dated 24th March,...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... preventing the detenu from doing any prejudicial activities but for some collateral purpose for keeping the detenu in jail for an indefinite period. 4. The Rule was opposed but the learned Judges having considered the materials placed before them as well as the arguments advanced ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ted 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 1975) Judgment: Ahsanuddin Chowdhury J: In this appeal by special leave, the point for consideration is (i) whether an offence under section 364 is cognate to an offence Under sectio...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......f Bangladesh Penal Code on a finding that he along with his comrades had forcibly abducted a Congress worker who was never heard of since then but there was no evidence of murder. The learned Judges of the Hyderabad High Court relying on the Calcutta decisions referred to above held that w..Category: Criminal Law | Date: | Hits: 61
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction. 2. The appellants as plaintiffs filed Title Suit No......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......opened with a specific condition setting the act of operation of payment, the Bank is bound to comply with the condition on which it has accepted the deposit. In that view of the matter the learned Judges of the High Court Division were perfectly correct in holding that prima facie the bank wher..Category: Civil Law | Date: | Hits: 112
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The Town Improvement Act, 1953 (XIII of 1953), Section 2(h) Under section 2(h) of the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......paces earmarked in the original layout plan of sector 4 of Uttara Residential Model Town to be without lawful authority. 6. It is now submitted before us that the learned Judges of the High Court Division fell into error in its decision in relying upon the preamble and ..Category: Property Law | Date: | Hits: 56
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holdi...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... the same petitioners have filed this petition seeking leave to appeal. 3. Learned Advocate for the petitioners submits that in view of the conflicting decisions by two Single Judges as to the maintainability of a case under Order 21 rule 32(1) of the Code for enforcement of..Category: Property Law | Date: | Hits: 57
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......Deputy Attorney General, instructed by Md. Saffadul Huq, Advocate-on Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-19......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......cut his throat and caused his death and, as such, he is entitled to be acquitted on the ground of benefit of doubt. 6. Learned Deputy Attorney-General submits that the learned Judges of the High Court Division erred in holding that since evidence of PWs 2 and 4 is not accept..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......e offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......nd sentence passed by Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Judge, Barisal in case No. 5 of 1995 on 21-5-1996. Criminal Appeal No. 31 of 1999 arises from making certain observations by the Judges of the High Court Division against Mokbuluddin Ahmed and Professor Sayeed (Saidur Rahman). ..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......n of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………&hel......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... that he would surrender his international passport to the Deputy Commissioner prior to submission of his bail bond. 4. Leave was granted to consider first, whether the learned Judges of the High Court Division acted illegally and contrary to law in granting bail to the accus..Category: Criminal Law | Date: | Hits: 68
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ...... Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment &nbs......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......a careful consideration of law on the subject we are of the view that the Acting Chief Election Commissioner had acted coram non judice in exercising his power in this particular case. The learned Judges of the High Court Division unnecessarily wrote a long judgment without touching on the vita..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......orporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 15 is to maintain separate list of seniority of different categories of personnel for promotion and respondents 1 and 2 are not entitled to be promoted on the basis of non-existent ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......thereupon in declaring Organisation Order 13 of 1995 and the seniority list circulated by the Memo dated 30-12- 1995 as not legal. 16. By the judgment under appeal the learned Judges of the High Court Division on the view that by Organisation Order 13 of 1995 provision for m..Category: Employment/Service Law | Date: | Hits: 63
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... (In Civil Petition No. 1260 of 1999). Md. Amir Hossain, Advocate-on-Record — For the Respondents (In Civil Petition No. 1261 of 1999). Civil Petition for Leave to Appeal No. 1260 of 1999 with Civil Petition No. 1261 of 1999. Jud......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......during process of delimitation territorial unity, distribution of population and administrative convenience, as far as practicable were taken into consideration. 6. The learned Judges of the High Court Division on consideration of materials on record and examining the relevan..Category: Election Law | Date: | Hits: 111
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......t Appeal No. 802 of 1991). Judgment: ATM Afzal J: This appeal by leave by the two applicants for probate is from judgment and order dated 3.11.1993 passed by the High Court Division allowing f...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......te was supported on the ground that the caveator had no locus standi to raise any 'contention' in that he had no interest in the estate of the testator so long as his mother was alive. The learned Judges of the High Court Division could not agree with the decision of the District Delegate and re..Category: Property Law | Date: | Hits: 67
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... No.255 of 1985 now Title Suit No.212 of 1994). 2. Appellant Mrs. Shahana Hossain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......the appellant filed FMA No.95 of 1993 before the High Court Division. The High Court Division allowed the appeal and set aside the judgment and order dated 10th March, 1993. 3. The learned Judges of the High Court Division observed in their judgment as follows: "There ..Category: Property Law | Date: | Hits: 68
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......essions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also convicting them under sections 307/34 of the Penal Code and sentencing each of the......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......s 302/34 and 307/34 of the Penal Code and sentenced them as aforesaid. The High Court Division affirmed the order of conviction and sentence. 5. Leave was granted to consider whether the learned Judges of the High Court Division failed to correctly scrutinize the material evidence of P.W.s 1, 2..Category: Criminal Law | Date: | Hits: 49
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......ical provisions. 15. We have heard some argument from Dr. Kamal Hossain as to jurisprudential objection to the advisory jurisdiction of Courts entertained by some Jurists, text‑book writers and Judges in the American and English Jurisdictions mainly on the ground of inexpediency, inconvenience..Category: Constitutional Law | Date: | Hits: 248
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