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Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......and taken into custody by the police of Mirpur police station in connection with Mirpur Police Station Case No. 30(6) 94 under section 19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......ween the order of detention and the grounds of detention that was served on the detenu, the High Court Division discharged the rule issued in the matter. 3. The appellant contends that the learned Judges of the High Court Division failed to consider that since a specific criminal case had already..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ...... are: "subject to pending action or arbitration." 18. It is obvious that in four of the five conditions the words 'action' and 'suit' have been used disjunctively, but the learned Judges of the High Court Division have failed to appreciate why these words were used separately. A..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......w, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ...... proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard before the Enquiry Officer in person. The respondent submitted a reply to the charge‑sheet on 1......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......roceedings were conducted in full compliance with the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the said contentions, the learned Judges of the High Court Division acted wrongly in holding that the order of discharge was passed w..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......e, Madaripur, under section 526 of the Criminal Procedure Code. The said case is Sessions Case No. 29 of 1990 under various sections of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......wdhury, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Respondent No. 1. Respondent Nos. 2‑10‑Not represented. Criminal Petition for Leave to Appeal No. 45 of 1994. Judgment: &nb......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......ember, 1993 discharged the Rule in Criminal Revision No, 46 of 1993 as not pressed and made the Rule absolute in the other case, that is, Criminal Revision No. 3332 of 1991. 11. The learned Judges upon a lengthy consideration of the facts and law involved in the case observed: ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......ment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......ুল হোসেন) সহকারী সচিব নিরাপত্তা শাখা-১ স্বরাষ্ট্র মন্ত্রনালয় । 18. The learned Judges of the High Court Division for the purpose of examining the alleged vagueness, etc. of the gr..Category: Constitutional Law | Date: | Hits: 185
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......ift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......istani Courts as to the acceptability of the concept of a limited estate or interest in immovable in the Muslim Law of Property. Thus in Sar Anjam Khan vs. Afzal Khan PLD 1972 Peshawar 37 the learned Judges observed‑ "It will be seen that limited interest or estate created for the life of..Category: Property Law | Date: | Hits: 146
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......n, Advocate‑on‑Record-For the Petitioner. Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... however, refused to come to a compromise before payment of the dowry. She received the respondent's lawyer's notice dated 21.11.1992 demanding a huge amount to which she sent a reply. The learned Judges noticed in the impugned judgment that on the date of filing the petition to the Deputy Commi..Category: Criminal Law | Date: | Hits: 64
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......ked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (app......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......dge by order dated 6-2-93 against which some of the respondents preferred Civil Revision No.1350 of 1993 in the High Court Division and obtained a Rule. By the impugned judgment and order the learned Judges of the High Court Division disallowed the amendment of plaint on the ground that the facts of..Category: Property Law | Date: | Hits: 59
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......7, 469, 471, 474, 477, 483, 488, 493, 500/94). Not Represented — For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 p...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......rt Division by a final pronouncement from this Division. 11. The impugned judgment in these petitions is based mainly on the judgment in the case of A Hannan, 40 DLR 273, one of the learned Judges being himself a party to the said judgment. In order to appreciate the submissions of the le..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......no appeal was filed on behalf of the Government as required under Order XII rules 2 and 3 of the Rules of this Division, 1988. The learned Attorney-General, the impugned judgment shows, also prayed for stay of the operation of the said judgment pending securing of stay order from this Division a......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......ch right provided under Article 40 inasmuch as such restriction can always be imposed by law. 11. Having regard to the definition of ‘note-books’ in the impugned Act the learned Judges upon a consideration of various authorities from American and Indian Jurisdictions, none hav..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......Involved: Miah Abdul Gafur, Advocate-on-Record For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent No. 4. Respondent Nos. 1-3 and 5—Not represented Civil Petition for Leave to Appeal No. 367 of 1993 Judgment Latifur Rahman J.- Petitioner filed Revocation C......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......e property left by Shashi Kanta Sarker and disallowed the application of the petitioner holding that the objector has no locus standi to file the petition of revocation of the will. 5. The learned Judges of the High Court Division affirmed the decision of the District Judge Judgment both on the l..Category: Others | Date: | Hits: 99
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... of 1995, filed by the appellant under section 10(1A) of the Criminal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......and liable to be quashed. 10. Sections 4(1) and 6(5) of the Act which were considered in that case and as are also relevant in the present case read as follows: “4. Jurisdiction of Special Judges and cognizance of cases by them.-(1) A Special Judge shall have jurisdiction within such te..Category: Anti-Corruption Laws | Date: | Hits: 92
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ...... of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, and later January 27, 1986 a charge was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corruption and misconduct by a Deputy Secretary, Ministry of Home ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......hat the proceedings against the appellant and the order of his compulsory retirement from service was illegal and without jurisdiction. 7. In the case of Hasina Mawla 45 DLR 112 the learned Judges of the High Court Division held that the Parjatan Corporation failed to establish on the mat..Category: Administrative Law | Date: | Hits: 138
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......ent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer alleging that the appellant did not then attain 25 years of his age as pr......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......95 affirming that the appellant was born on September 26, 1967 at her father’s residence at Sherpur and the said affidavit was annexed as Annexure-2 to the affidavit-in-position. 6. The learned Judges of the High Court Division by the impugned judgment and order dated 19-1-95 made the Rule abs..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......r give the minimum maintenance prescribed, but his wife in spite of this continues to live with him the maintenance become a debt due to her from him and exigible at any moment.” 16. The learned Judges made it clear that the position of Shafi School that the maintenance is a debt on her husband..Category: Family Law | Date: | Hits: 198
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......tive Tribunal Case No. 154 of 1987 alleging, inter alia, that he was not allotted any official quarter though he was entitled thereto; that he requested the General Manager, Postal Life Insurance, for allotting a quarter but he verbally told him to occupy any quarter if found vacant and accordin......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ...... have been employed to bring their cases within the ambit of the said sub-rule either in the said sub-rule itself or in sub-rule (2) of Rule 26.” 9. In that decision the learned Judges correctly held that sub-rule (11) of Rule 7 is only prospective in operation. 40 DLR 109 has..Category: Administrative Law | Date: | Hits: 122
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......am (Sujan), Advocate, (appeared with leave of the Court) instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......ugh no clear statement has been made in this petition. 3. No one appeared for the petitioner before the High Court Division. 4. It appears from the impugned judgment that the learned Judges have not at all considered the facts of the case but upon making reference to the amendments..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Cour...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......“1. Appeals from the judgment of a Judge sitting on the Original Side shall be heard by a Division Bench (in this Chapter called “The Appellate Court”) consisting of two or more Judges as the Chief Justice may determine.” 17. It may be stated that the Origina..Category: Business or Commercial Law | Date: | Hits: 118
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