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Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......al Agent wrote a letter to Customs Khulna to grant "Entry Inward Final" for the vessel clearly stating that the vessel arrived from Chittagong with retention cargo for Rangoon The vessel after taking full load export cargo at Roosevelt Jetty at Chalna, consigned to Singapore, sailed from Roosevelt J......ether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan, Advocate-on-Record - For the Respondents.
Judgment
Kemaluddin Hossain CJ.- The petitioner unsuccessfully challenged his dismissal order passed by the Government under President's Order No. 67 of 1972......t on 19-2-72. He has given current charge of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was in the charge of the General Section, Government Accommodation and Management of the Government Estates and also functioned, as Drawing and Disbursing Officer till 1972..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... Judgment and Order dated 7-4-76 passed by the High Court Division in Writ petition No.709 of 1974). Judgment Kemaluddin Hossain, J.- In this appeal the detenu Abdul Latif Mirza, has unsuccessfully challenged his detention by a writ petition under Article 102 of the Constitution. The Deput......ugh violent methods including gherao of Government Officers, Ministers' residences, disruption of communication, etc. It further mentioned that as a labour leader he went to the residence of the Manager of Quami Jute Mills, and under coercion he realised bonus for the labourers which they were oth..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......ee witnesses, namely, P.W.7, P.W.8 and P.O.11. The Courts below have relied on them. We have allowed Mr. Khondker Mahbubuddin Ahmed to place the entire evidence of the three witnesses and to make his full comments on them as to the contradictions of their statements to see whether their reliance was...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....idered the submissions and perused the impugned judgment. It appears that the courts below on consideration of evidence found that the plaintiff Hena Bibi was an unsophisticated, illiterate village woman and the defendant did not deny the same. The onus, therefore, squarely fell upon the recipien......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......considered the submissions and perused the impugned judgment. It appears that the courts below on consideration of evidence found that the plaintiff Hena Bibi was an unsophisticated, illiterate village woman and the defendant did not deny the same. The onus, therefore, squarely fell upon the reci..Category: Property Law | Date: | Hits: 30
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......i, a cousin of informant, was cutting paddy the accused being armed with leza, ramdao, cut rifle, pistol, pipe gun had attacked and driven him from the land. After hearing the news, Delwar Munshi, full brother of informant, had rushed to the spot. He was intercepted on the way by accuseds. Farid......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ion in its file on different dates including 12 March 1980, 22 February, 1986 and 21 January, 1997 that the appointment of the respondent as Deputy Secretary with effect from 16 December, 1971 was fully valid and anybody having had his appointment after the respondent would be junior to the resp......ion of Bangladesh. Owing to such reason the respondent's scholarship was later extended by the British Government after the respondent completed his MS (Masters of Science) in System Control and Management. The respondent was, however, recalled by the appellant before the completion of the..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
.... averring which the suit was filed, in short, are that, the defendant i.e. the appellant herein, is her grandson through her deceased daughter Rokeya, that she is an old, blind and illiterate woman and she was taken to Jikargacha for treatment and on that date i.e. 22nd Magh, 1395 BS, defe......as an illiterate lady and, as such, burden was upon the defendant, namely, the recipient of the deed, to prove that she executed and registered the same having independent advice and was fully aware about the contents of the deed following the principle of special onus of proof.............le of onus granted to her. Could this rule be extended to this extent? We think, though it is difficult to spell out the said onus from the cited authorities, nonetheless, the ambiguity of the language is there and it requires clarification in the social context of the day, when there has been a..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......el has referred us to the case of Sunil Krishna Banik and others vs Kailash Chandra Saha and others reported in 36 DLR (AD) 220 (same case has also been reported in 1984 BLD (AD) 320). We are in full agreement with the principle of law: enunciated in the reported case, but the fact is that in ......nd in suit is fictitious, that plaintiff never took settlement of the land in suit and, as such, the transaction between the plaintiff and Shafion Nessa was fictitious, that plaintiff taking advantage of monthly tenancy got the RS record prepared in his name and managed to pay rent, that when th..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ntary seat shall have corresponding constituency(s). Secondly, under the new system every political party or a group of MPs who commands 6.67 (300 % 45) seats shall proportionately be entitled to one woman MP from the reserved seats. This shall cause discrimination amongst smaller political parties ......the temporary period or purpose as the heading connotes. Since we have held that amended provision of Article 65(3) of the Constitution substituting the earlier provision thereof to have been made lawfully which is to take effect from the first meeting of the Parliament next after the Parliament or ......ions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certain other members of the civil society with important public image who have been advocating and fighting for the rights of the women of the country and fighting ag..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......s to the deed, PW 4 claimed that he was present at the time of writing and at the time of the execution of the deed. It may be mentioned PW 3 is the brother-in-law of the plaintiff and PW 4 is the full brother of the plaintiff. PW 5 deposed that he was present at the time of execution of the dee......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......amp; other...........Respondents Judgment August 17, 2003. Cases Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ns mentioned in paragraphs III and IV which are absolutely above board. 74. He then refers to sections 13 and 15 of the Ordinance of 1982 and submits that the observation in paragraph IV is fully endorsed and backed by aforesaid provisions of law. 75. Referring to the observation g......ing "shompurno truti mukto” electoral roll. In my view, for achieving that purpose the Commission is not required to obliterate the existing voter list or to consign the same to cold-storage and then replace the existing voter list by a fresh voter list. Device for preparing&nbs..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......adesh Paper Converting Works and (2) Farough Industries and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully described in the schedule of the plaint. The land as described in the schedule of the plaint ......ngali origin and they left East Pakistan and never returned to Bangladesh after liberation. The shares and assets of the Company vested with the Government as "Abandoned Property" and management of the business and affairs of the Company was ultimately entrusted by the Government with ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......oyed the essential limb of the judiciary namely, of the Supreme Court of Bangladesh by setting up rival courts to the High Court Division in the name of Permanent Benches conferring full jurisdictions, powers and functions of the High Court Division………………(293, 295......urt Division………………(293, 295 & 297) Per Shahabuddin Ahmed, J: Impugned Amendment of Article 100 has broken the "oneness" of the High Court Division and thereby damaged a basic structure or" the Constitution; as such, it is void. The Impugned Amendment has resul..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
.... improbability of the prosecution case and ignoring the inconsistent statements in the evidence of the only two eye-witnesses of the case, P.Ws. 2 and 4, held them guilty of murdering an innocent old woman with whom they had no enmity. 5. The prosecution case has been given in detail by the Inf......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......order dated 1 December 1985. 2. The prosecution case arose from an incident which took place on 18 September 1982 at about 8-45 P.M. in the dwelling hut of the Informant, Abul Kalam (P.W.2) of village Bishnupur, P.S. Sonagazi. Abul Kalam and his bhaira Shariatullah (P.W.4) were discussing a case ..Category: Criminal Law | Date: | Hits: 57
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......re binding on the plaintiffs. On appeal the appellate court below dismissed the appeal of the Corporation and allowed the cross-appeal filed by the Respondents and accordingly decreed the suit in full. The appellate court noticed that certain terms and conditions mentioned in the "mortgage deed"......oration Order, 1973 (P.O. 7 of 1973), article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a ..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......e and subject to the fixation of rent and other terms and conditions for a fresh tenancy the appellant is entitled to the benefit of s. 18(5) of the Ordinance……….(11) Cases Referred to- Prafullah Kumar Chakraborty v. Anil Prosad Chowdhury, 33 DLR (AD) 55., Abu Leyes v. Anwara Khalun, 29 D...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......t has been given in the section itself is to say the least is something unique because he not only takes the oath of allegiance to the republic but also takes oath for discharging his duties faithfully and fearlessly and to act fairly and justly in the name of Almighty Allah. He can be removed u....... 16. What is the meaning of the expression "ex-officio." Both Dr. Hossain and Mr. Nurullah have placed the dictionary meaning of the word. 17. “Ballentine's Law Dictionary, Third Edition, page 438: Ex-officio means: Ex-Officio (ex of-fishe-o). From or by virtue of the office. A right or p..Category: Election Law | Date: | Hits: 128
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..............Petitioner Vs. Bangladesh House Building Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with con......Judge, Comilla under Article 27 of the Bangladesh House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70. The said Misc. Case was a..Category: Property Law | Date: | Hits: 30
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