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Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......awab Ali, Advocate-on-Record — For the Respondent No. 1. (In both the petitions). Not represented — Respondent Nos. 2 and 3 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 183 and 184 of 1998. Judgment ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......ch as it was not just and convenient to keep the property under the management of Receiver dispossessing the defendant from the suit lands. 3. It appears that the learned Judges of the High Court Division came to the conclusion that in consideration of the dispute conce..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......owers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained in sections 51, 52 and 54 of the said Act and as such the learned Judges wrongly held that section 10A offends Articles 27 and 31 of the Constitution…&hellip..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......Code of Criminal Procedure, 1898 (V of 1898) Sections 435, 438 & 439A
Objection raised by the petitioners as to lack of authority of the officer was premature in that they did not surrender before the CMM before whom the objection should have been raised first. The objection as to alleged la......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......rise him separately by the SEC and, as such, there was no violation of the provisions of that section in taking cognizance.”
20. Except that there was a confusion in the mindset of the learned Judges as to the word “report” occurring in the usual criminal laws and as in section 25 of the ..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ...... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioners. Not represented— the Respondents. Civil Petition for Leave to Appeal No. 81 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petiti......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......Bench of the High Court Division, by its judgment and other dated 9 December 1996, made the Rule absolute and set aside the order of mandatory injunction. While passing a lengthy judgment the learned Judges observed that the order granting mandatory injunction was bad in law inasmuch as there was no..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 27 of 1998. Judgment &nbs......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......il nature; (ii) that the alleged offence having been committed in Saudi Arabia the criminal Court in Bangladesh had no jurisdiction to take cognizance of the offences. 4. The learned Judges of the High Court Division found the grounds as of no substance and summarily rejected the a..Category: Criminal Law | Date: | Hits: 79
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......n 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pur......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... 4. Both the trial Court and the lower appellate Court decreed the suit concurrently disbelieving the case of the defendant that the sale of the suit land was made for legal necessity. The learned Judges of the High Court Division also affirmed the judgment of the courts below with the modifica..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by ove...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... of this Court while arguing before us and that is, Dhaka Vegetable Oil Industries Ltd. vs. Commissioner of Taxes, Dhaka (North) Zone, 2 MLR (AD) 41=49 DLR (AD) 136. 15. The learned Judges of the High Court Division expressed to have no doubt as to the legal effect of a circular b..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rafique (Md) ………………… Informant-Petitioner Vs. Syed Morshed Hossain and another………&he......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......o the accused for business purpose. The accused respondent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R. The learned Judges of the High Court Division rightly quashed the proceeding…………&hel..Category: Criminal Law | Date: | Hits: 88
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ch of the High Court Division has applied its mind in terms of section 99D of the Code of Criminal Procedure by going through the offending books there is no relevance of the question that grounds of forfeiture of the books are not covered by the requirements of section 99A of the said Code………......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......d in respect of forfeiture of the other two books the author thereof filed Criminal Revision No. 668 of 1994. Both the cases were heard by a Special Bench of the High Court Division composed of three Judges, as required under section 99C of the Code of Criminal Procedure. The Special Bench discharge..Category: Others | Date: | Hits: 122
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....-appellants from the very moment of the seizure of gold at the customs hall submitted meekly to the hands of law and never displayed any conduct or behaviour that is suggestive of any insolence or contempt of the process of law on their part. They made full confessions of their guilt before a Ma...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of 1997 With Civil Petition for Leave to Appeal No. 236 of 1997. Judgment &nbs......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......d payment of interest on the decretal sum in terms of section 47B of the Insurance Act, 1938. 6. Appeal being filed by respondent Nos. 1-2 before the High Court Division, the learned Judges of the High Court Division allowed the appeal in part and reduced the amount of the decree t..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …&hellip......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......dant-petitioners preferred a revisional application before the High Court Division and a Division Bench by the impugned order summarily rejected it. While rejecting the said application the learned Judges of the High Court Division observed: “We have also gone through t..Category: Property Law | Date: | Hits: 52
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the Nikah Registration area for the bene......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......der section 4 of the Act and, as such, the curtailment of said Anjadhat Union area from the nikah registration area of the petitioner has not been done unlawfully by the Government. 4. The learned Judges of the High Court Division by the impugned Judgment and Order held that the second provision ..Category: Employment/Service Law | Date: | Hits: 137
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......……………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secre......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......eputy Secretary the impugned orders of promotion by Notifications dated 20-2-92 and 8-2-92 have been rendered illegal and ultra vires Article 104(2) of the Constitution. 12. All the three learned Judges of the Special Bench rejected the contention of the writ petitioners. Both Mohammad Ismailudd..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Petitioners (In both the Petitions). Not Represented — the Respondents (In both Petitions). Criminal Petition for Leave to Appeal Nos. 134 and 135 of 1995. (From the Judgment and order dated 5-7-95 passed b...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......sions Judge on consideration of the evidence of the eye-witnesses and dying declaration of deceased Hatem Sikder convicted and sentenced the accused petitioners as afore-mentioned. 5. The learned Judges of the High Court Division affirmed the conviction and sentence of these two accused-petition..Category: Procedural Law | Date: | Hits: 157
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ay 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy it...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......quired under Order 5 rule 17 C.P.C. and further that there was no compliance with rules 19 and 19A of the said Order. From the petitions under Order 38 rule 5 read with section 151 C.P.C. the learned Judges were unable to find “any concrete allegations and material about the action of the appellan..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......laintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......e fact that no harm was caused to the complainant and that the other two complaints could not be sustained it was found that the punishment awarded by the Tribunal was too severe. 13. The learned Judges of the High Court Division found that Taka 2, 38,000.00 was taken legal charges not as legal ..Category: Others | Date: | Hits: 105
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......Bangladesh, 1972, Article 102 The Emergency Requisition of Property Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petiti......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......utilised land of the petitioners is an abuse of discretion, particularly a total disregard to the declared policy of the Government to return the land to the original owners and, as such, the learned Judges of the High Court Division acted wrongly in not setting aside the impugned order when the Gov..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......sion enjoys, provided the matter is urgent. It is the urgency of the matter which gives jurisdiction to the Single Vacation Judge, who, if satisfied that an order of a regular Division Bench passed before the vacation has to be kept in abeyance during the period of vacation in view of the urgency of......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......s the submission that even though the entire jurisdiction of the High Court Division is bestowed upon the learned Single Judge during the period of vacation yet the respective jurisdictions of Single Judges and Division Bench Judges as contained in Chapter II of Part I of the Rules followed by the H..Category: Procedural Law | Date: | Hits: 138
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......y the Election Tribunal Moheshkhali, Cox’s Bazar in Election Tribunal Case No. 1 of 1998 allowing an order of amendment. 2. Appellant and respondent Nos. 2-7 contested the election for the office of Chairman Shaplapur Union Parishad held on 22-12-1997. In that election appellant w...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......bsp; 4. Being aggrieved by the same appellant filed the petition for leave to appeal and obtained leave on 16-8-1999 to consider the following submissions: “That the learned Judges of the High Court Division erred in law in not holding that the application for amendment fil..Category: Election Law | Date: | Hits: 109
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