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Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......;………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&helli......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ...... and “F”. The learned Deputy Attorney-General, however, contended that the impugned Rules, particularly rules 3 and 7 thereof, were not discriminatory as alleged. 15. The learned Judges held that there might have been anomalies in the impugned Rules but it could not be said to ..Category: Constitutional Law | Date: | Hits: 174
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ...... Mahbub Hossain, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Civil Petition for Leave to Appeal No. 129 of 1994 (From the judgment and order dated 20.2.94 passed by the......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......isbelieving Nasima Khatun to be the daughter of Mobina Khatun and disbelieving the house to be not an abandoned property. Against that judgment and order he moved the writ petition and the learned Judges of the High Court Division by the impugned judgement and order summarily rejected the same. ..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......tioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by th......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... has set aside the judgment and order of the Settlement Court by making the Rule Nisi absolute. 2. Mr. TH Khan ,learned Counsel appearing for the petitioner sought to argue that the learned Judges of the High Court Division erred in law in holding that the petition under section 7 of the..Category: Property Law | Date: | Hits: 58
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......structed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High C......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......nuation of the proceeding will work as harassment to the petitioner and will be an abuse of the process of the Court and, as such, the proceedings should be quashed. He submits that the three learned Judges of the High Court Division having taken three different views on this elementary submission o..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......………Respondents Result: The appeal is allowed. Judgment June 28, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Respondents. Civil Appeal No. 39 of 1991. (From the J......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......y the Board for “travelling allowance” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the learned Judges of the High Court Division upon proper interpretation of the term “যাতায়াত ..Category: Labour and Industrial Law | Date: | Hits: 130
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20...... (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to and as......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......legraph Act, 1885. It also found that prima facie Mr. AKM Mainul Haque purchased some shares and became a director and later on Chairman of BTL. Hence for the purpose of the writ petition the learned Judges of the High Court Division accepted him as the Chairman of BTL without prejudice to the stand..Category: Information Technology Law | Date: | Hits: 242
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ry day, namely, 29.2.64, at about 6 PM the trap party arrived at Tongi where they found Omar Ali on their advice to make the payment to the accused when demanded. It alleged that Omar Ali searched for the accused Taru Mian but could not find him. He of course found the accused Abdul Gani sitting......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......resent case should be re-examined on the lines laid down by Lord Sankey, LC in Woolmington's case. This Court does not ordinarily re-examine evidence in criminal cases. But in the present case, the Judges below have adopted an approach, and method of appraisement of the rival cases, which are apt..Category: Criminal Law | Date: | Hits: 68
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......p; Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accuse......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......ode of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover ther......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......e defendant-appellants case for not being able to be present when the suit was called on for hearing; the learned Subordinate Judge was perfectly justified in dismissing the Misc. case. The learned Judges further observed that it was an old case having been filed in 1986 and because of an order o..Category: Civil Law | Date: | Hits: 115
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......aring of the said Miscellaneous Case no one appeared for Meher Chand, but even then the learned Judge took up the matter for consideration which is, to say the least, quite extraordinary. The learned Judges were not sitting in appeal or revision as would entitle them to proceed with the matter even ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....y stupidity and offer my sincerest apology to the Hon’ble Court.” 4. While the apology tendered by the editor and the printer/publisher was accepted, and the proceeding for contempt was dropped against them, the appellant’s prayer for mercy was turned down and he w......ed the 6th February, 1995 a suo motu Rule was issued on the 22nd March, 1995 by a Division Bench of the High Court Division calling upon the appellant, the editor and the printer/publisher of the aforesaid news paper to show cause as to why they s1 not be committed for Contempt of Court for publ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......es. The controversies which came up in India after the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an el..Category: Criminal Law | Date: | Hits: 75
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......urt Division rightly held that the petitioner (a retrenched gate-keeper of a Cinema hall) being not a worker as defined under the Industrial Relations Ordinance, 1969 her application does not lie before the Labour Court under section 34 of the said Ordinance and the same could not be converted in......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......lication under section 25 of the Employment of Labour (Standing Orders) Act, 1965 was maintainable. 5. Before the High Court Division the petitioner did not appear. 6. The learned Judges of the High Court Division on a reference to the decision in the case of James Finlay Ltd vs..Category: Labour and Industrial Law | Date: | Hits: 94
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 pa...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......dure, 1908 (V of 1908), Order XLI, rule 14(3) Since the appeal is a continuation of the election petition the provisions of the Code of Civil Procedure will apply to appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing wit..Category: Election Law | Date: | Hits: 117
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable t...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......ot at all enter into the merit of the petition. 5. Leave was granted to consider the following submissions of the learned Advocate for the accused-appellants: (1) The learned Judges of the High Court Division without entering into the merit of the case at all wrongly laid ..Category: Criminal Law | Date: | Hits: 69
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......arriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed……(14) ii) A right given under r......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......een lawfully appointed as Nikah Registrars the petitioner cannot make any lawful grievance. 6. Mr. Abdur Razzaq, learned Advocate appearing for the writ petitioner submits that the learned Judges of the High Court Division erred in law in holding that the second proviso to section 4 of t..Category: Employment/Service Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......legally constituted, though the report has not been made public no fault can be found in the exercise of power by the President under article 134 of the constitution and as such there is no ground for review………………(8) Lawyers Involved: ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......nd lack of adequate precautionary measures and fixed up responsibilities. To complete the enquiry in respect of the Chief of Air Staff and the Chief of Naval Staff, a Commission of Inquiry with two Judges of the Supreme Court was then constituted. The Commission submitted its report in which it ..Category: Employment/Service Law | Date: | Hits: 89
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......ructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners (In both the petitions). Not Represented — the Respondents (In both the petitions). Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998. (From the Judgment and order dated 30-10-97 p......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ...... The Constitution of Bangladesh, 1972 Article 102 The Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary r..Category: Employment/Service Law | Date: | Hits: 85
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......ers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ...... with section 25B of Special Powers Act. The aggrieved accused-petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesse..Category: Criminal Law | Date: | Hits: 66
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......1, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the complaint on the date of securing attendance of the accused persons for w......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......ure as the complainant did not appear and some of the accused persons were present. 3. Mr. Md. Abdul Hannan, learned Advocate appearing for the accused-petitioners, submits that the learned Judges of the High Court Division wrongly set aside the order of acquittal passed by the Magistrat..Category: Criminal Law | Date: | Hits: 61
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......oner (In Civil Petition No. 821 of 1997).
Sharifuddin Chaklader, Advocate-on-Record— For the Respondents (In both the Petitions).
Not represented — Respondent Nos. 2-3.
Civil Petition for Leave to Appeal Nos. 801 and 821 of 1997.
(From the Judgment and Order dated 5-5-97 passed b......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......…………………Respondents
Judgment
February 25, 1998.
Result:
Both the petitions are dismissed.
The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90
The learned Judges of the High Court Division correctly held that auction sale having taken place and the sale h..
Category: Property Law | Date: | Hits: 85
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