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Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......by leave is against judgment and order dated 3-3- 1999 passed by the High Court Division in Writ petition No. 7756 of 1997 making the Rule absolute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA An......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......ase. Sections 74 and 76 of the Evidence Act have failed to help Mr. Khandker in the matter. 11. We have gone through the judgment of the High Court Division and it appears that the learned Judges of that Division based their decision only on the fact that the deed of gift is a registered..Category: Property Law | Date: | Hits: 64
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......…………(6) A search by itself does not operate as a total restriction on the right of citizen to hold and enjoy his property and as such action is temporary measure for a limited purpose of investigation and interferes with the right of a citizen to -be secured in...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......t in the house, that the police with search warrant went there on 12-5-92 and raided the house with proper search warrant on the order of Chief Metropolitan Magistrate. 4. The learned Judges of the High Court Division found that the respondent No. 2 on 7-5- 92 raided the house, seiz..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fi......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......appeared through an Assistant Attorney-General Appellant No. 4 entering appearance through a learned Advocate but did not appear at the time of hearing of the writ petition 4. The learned Judges of the High Court Division after hearing the parties and following the case of Collector of ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......sion (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Novartis Foundation for Sustainable Development………………………&......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......order of another Division Bench. Judicial propriety and norm do not approve of such passing of order by another Division Bench when there was a pending order by another Division Bench. The learned Judges who passed the impugned order ought to have been very careful and mindful in passing such or..Category: Others | Date: | Hits: 88
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......ited, Chittagong, on 25 August 1992 he received a notice from respondent No. 3, Chief Personnel Officer of the Corporation that he had committed irregularities regarding purchase of machinery parts for overhauling and repairing of Mill No. 1 under purchase order dated 20 January 1990 when he was......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......removal which was passed beyond 180 days to have been made without any lawful authority and of no legal effect. 6. The Writ Bench of the High Court Division discharged the Rule. The learned Judges reasoned that clause (8) of regulation 42 specifying time limit for disposal of a department..Category: Employment/Service Law | Date: | Hits: 69
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......ellip;…….Respondent Judgment: December 7, 1999. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 7(2) Bank guarantee can not construe security deposit for preferring an appeal against the decree of Artha Rin Adalat. Lawyers Involve: M......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......d by the petitioners stating that bank guarantee furnished by the petitioners was to be treated as 50% of the decretal amount as the bank guarantee is as good as cash money. 3. The learned Judges of the High Court Division by the impugned Order summarily dismissed the Memorandum of Appea..Category: Business or Commercial Law | Date: | Hits: 115
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases R...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......31 of the Constitution. 5. The respondents opposed the writ petition mainly on the ground that it was not maintainable in view of Article 117(2) of the Constitution. 6. The learned Judges of the High Court Division discharged the Rule Nisi holding that the writ petition was barre..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......dence on record finding the accused not guilty by the High Court Division placing no reliance upon confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by M......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......ul Malek, learned Advocate for the petitioners, submitted that there being no legal evidence on record the impugned judgment and order of the High Court Division is bad in law and that the learned Judges of the High Court Division having had discarded the confessional statement of the petitioner..Category: Criminal Law | Date: | Hits: 64
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ...... Advocate-on-Record — For the Petitioner Mahmudul Islam, Attorney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent Nos. 1 & 2. Petition for Leave to Appeal No. 1353 of 1999. (From the judgment and order dated 21-7-1999 passed b......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......reafter respondent No. 2 published the impugned Gazette Notification declaring the final list of the wards showing area of each ward. 4. The Rule, on contest, was discharged by the learned Judges of the High Court Division on the finding that there was no substantial difference in the ar..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ellant from the judgment and order dated 7-5-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2424 of 1995. 2. 223 Writ petitioner-respondents who are either District Judges, Additional District Judges or Subordinate Judges or other judges in the subordinate judiciar..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
.... 130 of 1997). Judgment Latifur Rahman CJ.- Shamsuddin Ahmed, an Advocate of this Court has filed Civil Contempt Petition No. 1 of 1999 for drawing up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil ......Others………….Respondents Judgment February 24, 2000. The Contempt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and t......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... election of the Chairman of No. 7 Magalgaon Union Parishad, Sylhet. 2. The short fact leading to this appeal is that, respondent AKM Abdullah contested the election of the Chairman of the aforesaid Union Parishad held on 29-12-1997 and the polling of all centres were held peacefully and ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ed 30-12-97 (Annexure E) informed the District Election Officer that the presiding officer did not forward to him any result of the poll of the aforesaid polling station and, as such, the learned Judges of High Court Division erred in placing undue importance to the result produced by respon..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......erdous from safe custody in the District Jail Narayangonj saying “she may go anywhere likes.” 2. Facts of the case, briefly, are that the appellant Jharna Rani Saha, as informant lodge written ejahar with Sadar Police Station Distill Narayangonj on 12-8-97 implicating a......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......scertaining the actual age of the girl by fresh medical examination and the learned Magistrate having allowed the said prayer by his order dated 22-1-98 respondent No. 1 moved the learned Sessions Judges in revision against the said order, who allowing the revision case, by his order dated 25-2-..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved:......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......peal and consequently the same may be remanded to the High Court Division for writing out a proper judgment on consideration of the material evidence on record. He further submits that the learned Judges of the High Court Division did not consider the material evidence on record to ascertain the..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......, Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment A......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......ly with effect from 20-1-87 (published in the Bangladesh Gazette on 1-4-87). Section 9 thereof having saved the action of revival of the case taken under the said Ordinance on 26-2-87, the learned Judges of the High Court Division misconceived the law and thereby misdirected themselves in holdin..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is an act of arbitrariness and absolutely wrong. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......sposing an application for transfer by throwing all procedures and norms to the winds, then, arbitrariness will rule the field and not justice’ which was said to be the concern of the learned Judges for passing the impugned order. It seems the learned Judge has a pathological disposition f..Category: Criminal Law | Date: | Hits: 59
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......rs over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......ployees Union who was subsequently impleaded as a party to the writ petition by way of amendment. They added that the labourers employed by the contractors were the workers of KPM.
6. The learned Judges of the High Court Division considering Annexure “G” to the supplementary-affidavit of the..
Category: Labour and Industrial Law | Date: | Hits: 163
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordinance, 1982 (Ordi......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......ower Bureau. In the Affidavit-in-opposition it was also asserted that the image of the country was being lowered in the world for past activities of the respondent. 28. It appears that the learned Judges of the High Court Division without entering into the merit of the submissions of the parties ..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ...... Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. Criminal Petition for Leave to Appeal No. 94 of 1995. (From the judgment and order dated May 2, 1995 pa......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ...... up between the parties subsequently after the completion of the Air Conditioning work at the BTV Auditorium was essentially a civil dispute not warranting cognizance by criminal Court. The learned Judges noticed the facts of the case as stated above and at one stage directed the learned Advocate..Category: Criminal Law | Date: | Hits: 93
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ...... Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 199......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ...... back on the ground of institution of a suit under rule 103. 6. Mr. Karim has then argued that in view of the fact that Krishnadhan Banik filed application under rule 100, the learned Judges ought to have held that the order passed under rule 101 was illegal inasmuch as relief&rsquo..Category: Property Law | Date: | Hits: 64
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