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Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....; Now, therefore, in pursuance of the Third Proclamation of the 29th November, 1976 read with the proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make the fol......f Bangladesh Ministry of Industries, Dacca and others…………. Respondents (In Civil Petition No. 305 of 1977) Judgment January 4, 1978. Cases Referred to- 27 DLR, 64, 170, 428; 1953 SCA 53, 1963(2) SCA 1 at p. 21; PLD 1957 SC 9 at p. 41; (1969......rose in both of them whether, in view of the provisions of the Abandoned Properties (Supplementary Provisions) Regulation, 1977 (Martial Law Regulation No. VII of 1977), which I will call the Regulation, the aforesaid petitions have abated. 4. As the learned Counsel for......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
.... MS Plates and, as such, the instant proceeding being a false one ought to have been quashed by the High Court Division. "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order......etitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been r......considering the evidence has also not yet reached as the recording of evidence has not even started. 24. In such view of the matter we are of the view that the petitioner could not make out a case calling for quashing the proceeding and, as such, the High Court Division decided the case correctly......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......(AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by the High Co......nt case and also the materials on record, arrived at a correct decision. The learned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....sfer order and the vires of section 8 of Act No. XX of 2000 and a Rule was issued on the ground that the seniority of the respondent was taken away by passing the impugned Act and the Act did not empower the Government to claim that the posts of Preventive Officer/Appraiser/Inspector and Intelli.........................Respondent Judgment November 30, 2004. The Constitution of Bangladesh, 1972, Articles 133 and 136 The Non-Cadre Class I and II Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section ......formity in grade and other terms and conditions of the service of the employee employed in the service of the Republic. Thus the respondent Preventive Officer did not become appraiser automatically simply because of the alleged unification of the pay scale. On perusal of the notification No......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
.... in the instant case filed against her under sections 385/109 of the Penal Code. It was further alleged that the impugned approval was given by the respondent No. 2 in absolute colourable exercise of power and with malafide motive. He has no authority under the said Rules to issue any such appro......gment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....n itself a theoretical exercise merely for the purpose of deciding academic issues, howsoever important they may be. The Court cannot embark upon an inquiry whether there was any misuse or abuse of power in a particular case, unless relief is sought by the person who is said to have been wr....... Shamsul Huda and others..................Respondents Judgment March 18, 2008. The Evidence Act, 1872 (I of 1872), Sections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is pr...... in the writ petition; (b) if it decides in the affirmative, decide the question of possible injury to public interest which may result from the disclosure of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners…&hell......ove mentioned Additional Judges as the Judges of the High Court Division. The Chief Justice as well on 21-2-2003 disclosed to two of the writ-petitioners about the said recommendation in their meeting with the Chief Justice and on 23rd February 2003 the fact of recommendation by the Ch..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... and it might very well be that a counterclaim, which is to be treated as a cross suit might not conform to all these requirements but this by itself is not sufficient to deny to the Court the power and the jurisdiction to read and construe the pleadings in a reasonable manner. If, for inst......er 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint………….(7) Cases Referred to: Unite...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....ipment of 100 metric tonnes of skimmed milk powder at the aforesaid rate. The writ petitioner then received two invoices dated 15-2-1993 and 2-3-1993 for import of 100 metric tonnes of skimmed milk power to be shipped by vessel 'MV Nil Europe Voy' from Hamburg. The writ petitioner also received B......1. ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
.... opposed the Rule by filing separate affidavit-in-opposition denying the material statements in the writ petition contending, inter alia, that the writ respondent Government in exercise of its power under clause 9 of the Tender Schedule accepted the price offered by the writ petitioner in re...... others .................Respondents Judgment January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of four......d materials were published by the writ respondent No.2, Executive Engineer, Sylhet PWD Division, Sylhet. Since the highest price quoted was not satisfactory further quotations were invited by calling tenders consecutively for 5(five) times. The writ petitioner along with others participated......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....es that notwithstanding any provisions contained in any other law for the time being in force the provisions of this Ordinance shall prevail and shall have force. 22. Section 3 of the Ordinance empowers the Government to frame Rules and section 3Ka empowers the Government to make Rules to brin...... another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another…..Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor...... 33. We find no substances in this argument, inasmuch as Rule 11 speaks of judgments of any Court under the Emergency Powers Rules and not only Courts mentioned in Rule 10. Section 18Kha (3) specifically mentioned of Special Judge who has been mandated to follow Criminal Law Amendment Act, 1958 su......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....e Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the prese......ary 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of ext......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The High Court Division has no constitutional or judicial power to legislate or create any offence………………(44) ......ip;……………….......Respondents Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the Hi...... were also made with regard to the various activities which take place centering round Hartal and role of the law enforcing agencies. 7. The appellant submitted as to how and why Hartal is called and observed. He also submitted that Hartal has always been peaceful unless resisted by the ......cles 37, 38 and 39 of the Constitution of the People's Republic of Bangladesh. 24. Article 37 provides that every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions i..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....e reason has been given in the First Information Report but in fact the said reason appears to be false. He further submits that during the time of alleged occurrence no political party was in power and a neutral Care Taker Government was in power and as such there was no reason for refusal .......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assistant Attorney General, with him) instructed by Ahsanullah ......nuddin Mahmud can be brushed aside lightly. 9. We have also perused the judgment and order of the High Court Division wherefrom we find that the High Court Division did not commit any error calling for our interference. In the aforesaid premises we do not find any substance in this appeal......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....y an agreement between the concerned parties in an open market which are considered for determining the 'normal value' of the market but sub-section (7) of section 25 does not give unfettered power to fix any arbitrary tariff value at $ 1800 whereas the 'normal value' of which is about $ 80......p;…………………………………………………….Appellant Vs The Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the ca......Cus dated 18.6.1992. 13. From the above, it is clear that due to change in price of goods in the different foreign markets at intervals the investigative findings are arrived out periodically keeping in view of the import market price of the goods. Since 1976 the Government is empow&......m different foreign countries showing international market price of the particular item in question and the consideration thereof together with the price in the local markets in the said meeting of the Committee recommendation to the Government to fix tariff value at certain parti..Category: Fiscal/Taxation Law | Date: | Hits: 107
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....gh Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the Customs Act, 1969 such tariff value shall be the basis of assessm...... ......at the inspection report submitted by the Assistant Commissioner, Customs House, Chittagong that the imported consignment is of 4 x 8 x 3mm size under HS Code No. 4411.29 but the respondent specifically declared the consignment is of 4 x 8 x 2.5 mm size. The petitioners considered the case lenie......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....ountry with Indian properties of the plaintiff and gave the latter possession of the suit property. 3. Thereafter, on attaining majority Jitendra Nath along with Radhanath Mondal executed a power of attorney in favour of the plaintiff on 18-11-1963 in pursuance of the oral exchange. On 9......wab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by the High Co......submissions of the learned Advocate-on-Record and gone through the judgment of the High Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....etition No. 298 of 1987) on behalf of Eastern Tubes Limited though in the body he claims himself as a shareholder and constituted attorney of the other appellants. Thereafter, Mr. Huq submits that no power of attorney by the appellant Nos. 2 to 10 is found available in the file and that from the fac......pellants Vs. Secretary, Ministry of Industries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangl...... no grievance as to the findings made by the High Court Division on merits of the case since the action of the respondent has been, in fact, declared illegal by the High Court Division. But he emphatically challenges validity of the rider made in the concluding portion of the judgment, inasmuch as t......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from Class VI to X, t...... When such obligation arises from contract, the Court shall be guided by the rules and provisions contained in Chapter II of this Act. (a) contracts which may specifically be enforced and (b) contracts which cannot specifically be enforced; ...... in the said institution but the Head Master of the High School did not pay any heed to the request made by the School and, in that state of the matter, the Managing Committee of the School in its meeting held on November 30, 2001 took the decision to seek redress against the activities of the H..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
.... to prefer appeal before the Administrative Appellate Tribunal within three months against an order or decision passed by the Administrative Tribunal but sub-section (2A) of said section 6 confers power upon the Administrative Appellate Tribunal to admit an appeal if preferred within a period of...... him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corruption. It was alleged that the respondent No.1 was transferred to the office of TNO Dohar on 24-10-2000 and was directed to join the said office and in default he......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 117
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....e of important tender term; during negotiation with one bidder results in discriminatory treatment to the other bidders and, as such, the respondent No.3, which is the controlling Ministry having the power of supervision of the affairs of the appellant, directed the appellant to withdraw the letter ......is Case is also Reported in: 59 DLR (AD) (2007) 185. ...... uninterrupted water supply in Dhaka City and the bid of Technotrade International Limited, the company of which the respondent No.1 is the Managing Director, being ultimately found as the only technically and financially responsive bidder out of 6 participants and the bid of the company for Taka 18......e same was made to the effect that the contract will be on Turnkey basis, earnest money will be @ 2.5% and in place of 8-6-98 the last date for submitting Tender will be 23-6-98; then on 21-6-98 in a meeting between the appellant and the intending bidders some more changes were agreed upon and the..Category: Others | Date: | Hits: 100
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