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Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ion 14 of the Foreigners Act and section 25B of the Special Powers Act, 1974 and all of them were convicted and sentenced thereunder by a Judgment and order dated 17. 10.1989 to various concurrent terms of imprisonment a fine. The Special Tribunal also ordered confiscation of the seized goods. ...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989..Category: Criminal Law | Date: | Hits: 62
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......mendation to the Government for release of the detenu. TheGovernment, however, in the meantime itself passed an order maintaining the detention. The question referred to the Full Bench was in these terms: "the functions which have been delegated to the delegatee cannot be shared......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......whose disclosure is considered to be against the public interest. 26. It is contended that in the proviso to sub‑section (1) of section 8 of the Special Powers Act, 1974, identical in terms with the proviso to sub‑article (5) of Article 33 of the Constitution, the term 'consid......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......ation cannot be dismissed for defect of party. He submits that the High Court Division has rightly decided this issue. 7. It is clear that the Non‑Agricultural Tenancy Act does not in terms require a pre‑emptor to mandatorily make all co‑sharers as parties to the proceed...... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ellants to implement the order signed by the Secretary and Adviser-in-charge of the Ministry of industries on 20.1.76 and 28.1.76 respectively and to release the property of the writ petitioners in terms of the said order within 4 months from the date of Judgment. 21. Two separate appeals......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... It may be pointed out that by judicial pronouncements by various courts the evidence of the prosecutrix about corroboration has hardened into one of law, although corroboration is not required in terms by the Evidence Act. In the case of Muhammad Abdul Khaleque and others Vs. State reported in 1......66 ..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......cles 27 and 38 of the Constitution. 2. The petitioner was elected a Member of the Managing Committee of the Kotwali Thana Central Co-operative Association Ltd, Comilla for three consecutive terms, i.e. for the sessions 1986-88, 1988-90 and 1990-92. His term will expire on 5.5.93. Section ......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law & Justice, Government of the People's Republic of Bangladesh and others..............................Respondents Judgment March 31, 1993. ..Category: Constitutional Law | Date: | Hits: 150
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......t to one of termination from service with termination benefits. In the writ petition the High Court Division held that charge No. 4, held to be proved by the Labour Court, does not fall within the terms of clause (a) or (f) or of any other act of misconduct provided in section 17(3) of the Emplo...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......R (AD) 23 was given when rule 70 was not in the statute book. The case in 43 DLR (AD) 23 related to the election of Chairman of a Upazila Parishad. The Upazila Parishad Election Rules were similar in terms to the Union Parishad Election Rules. Rule 68 of the Upazila Parishad Election Rules was corre...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ......................Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......dy, namely, Civil Aviation Authority of Bangladesh by Civil Aviation Authority Ordinance, 1985 (Ordinance No. XXXVIII of 1985). The employees of the Civil Aviation Department, hitherto enjoying the terms and conditions of the Government servants, refused to be governed by the new Service Rules a......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....ution has invested as a measure of abundant caution, the last court of the country with wide power, so it may forestall a failure of justice and do complete justice in an appropriate case. It is an extraordinary procedure for doing justice for completion of or putting an end to a cause or matter......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ..Category: Property Law | Date: | Hits: 80
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......ressure on him to pay the alleged balance without proper accounting. The learned Judges, however, refused to quash the proceeding taking the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offenc......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respondents Judgme..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......ns any dispute or difference between employees and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non‑employment or the terms of employment or the conditions of work of any person." After considering t...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......statement could not be regarded as a confession because the law is now well settled that it is only when the statement of the accused can be read as a plenary admission of guilt in straight and clear terms that it can be taken as a confession of the crime. All confessions are admissions but not vice......ate-on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198..Category: Criminal Law | Date: | Hits: 132
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ishna Ayyar (L R. 48 Indian appeals 31) in which the other two Privy Council cases have been relied upon. In this case the certificate granted by the High Court of Madras was in the following terms; “It is hereby certified that, as regards the value of the subject-matter and the natur......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......1957) 9 DLR (WP) 37= reported in P.L.D 1957 Lah. 441, and also in view of the contention that the High Court, Dacca misinterpreted the orders of the Courts below granted leave in the following terms- "Since there is a conflict of opinion between the High Courts of East ......sh;For the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Ju..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... thereof, to ascertain whether the evidence is consistent with the accusation has been deprecated by the Supreme Court, in the very case which was relied upon by Mr. Mainul Hosein in the following terms:— “In exercising its jurisdiction under section 561 A, the High Cour......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......tute an offence under the Collaborators Order. He referred us in this connection to clause (a) of article 7 of the Collaborators Order which relates to taking of cognizance on police report in terms similar to those of clause (b) of subsection (1) of section 190 Cr.P.C. with this rider ......n, Advocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 &..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......orderly and just Government, including the power to appoint a Prime Minister and other Ministers. The impugned clauses (5) to (8) of the Provisional Constitution Order were thus authorised by the terms of the Proclamation. 12.Other exceptions taken to the aforesaid clauses of the Provisi......vocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......d, such appeal or petition shall abate." 12.The learned Additional Attorney-General submitted that the appellant did not serve a notice on the Government of Bangladesh in terms of the above proviso ; and as such the appeal had abated even before 16-12-7; the date on whi...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 196..Category: Civil Law | Date: | Hits: 110
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