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State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......ch Courts. All proceedings before a Martial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has b......ppeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martia...... and direction has been given for trial of the condÂemned prisoners in accordance with law by a competent Court, and till then they will continue in custody as under trial prisoners. 3. Leave was granted to consider:— (1) whether the Government is empowered under Regulation 3(2) of Martial ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......sions of the Code of Criminal Procedure in so far as they are not inconsistent with those contained in the Act to the proceedings of the SpeÂcial Tribunals. The High Court DiviÂsion has neither the power to hear an apÂpeal from nor to revise any order, judgÂment or sentence of the Special Tribun......, Section 29. Section 29 of the Special Powers Act has made apÂplicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those contained in the Act to the proceedings of the SpeÂcial Tribunals. The High Court DiviÂsion has neither the power to he......sion discharged the Rule holding that it has no jurisdiction for quashing the crimiÂnal proceeding pending before the Special Tribunal under section 561A of the Code of Criminal Procedure. Leave was granted to consider whether in view of Articles 109 and 114 of the Constitution a Special Magistrate..Category: Criminal Law | Date: | Hits: 51
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......ng died, during the pendency of the miscellaneous appeal in the High Court Division the said appeal abated, and until unless the abatement of the appeal was set aside the Court of appeal below had no power to substitute and so dismissed the application for substitution. The High Court Division which......€¦....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-apÂpellants who were not dead could carry the appeal to its conclusion, and since no question of two conflicting decrees coming into exisÂtence arise, t......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......nstrued as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest. The orders of the High Court and the Additional District Judge, 3rd Court D..............Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (XIII of 1953), sections 78,79,93(A), 93(B), 93A (5)(b)(II). When no Tribunal has been set up, any refeÂrence to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisitio......s referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, awa..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ase where the Government is satisfied that the services of the Chairman or, as the case may be, the Member is required in the interest of the efficient funcÂtioning of the Council Clause 15(B) gives power to the Government to terminate the apÂpointment of the Chairman or any other memÂber without......le 102 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 Irrespective of the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance o......all be subject to the approval of the Government. Clause 20 provides about funds of the Council. It reads as under: (1) The fund of Council shall comprise of the following namely; (a) grants made by the Government and loÂcal bodies ; (b) donations, fees, subscriptions, founda..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......nts Judgment July 25, 1979. The Bangladesh Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cannot be said to be devoid of position of power to reinstate an employee who resigned from his service but being repentant sincerely craves fo......others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cannot be said to be devoid of position of power to reinstate an employee who resigned from his service but being r...... 1972 was irregular, could it be regularised after lapse of four years and thereby depriving the appellant from his entire service during the period and the benÂefits derived by him. 6. Leave was granted to examine the question whether in the facts and circumsÂtances the office order dated Nove..Category: Employment/Service Law | Date: | Hits: 77
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ioner was not a desirable person to be retained in the service, accordingly, she can not be trust upon the unwilling master". 5. Leave was granted to consider "whether High Court in exercising its power under Article 102 of the Constitution acted within its jurisdiction and power to order for ter......Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject matter of the case on the basis of the evidence on record b......of terminÂation simpliciter on the ground that "the petitioner was not a desirable person to be retained in the service, accordingly, she can not be trust upon the unwilling master". 5. Leave was granted to consider "whether High Court in exercising its power under Article 102 of the Constitutio..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ...... Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed wi......espondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution w...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching th......gment: Ruhul Islam, J.—This  appeal by special leave is from the judgment and order dated June 29, 1976 passed by the High Court Division in Civil Revision Case No. 481 of 1969. Leave was granted to consider the question as to whether intervention of a public pathway severs contiguity as..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......he grant of this leave by this Division, and the question is wheÂther the learned Judge of the High Court Division exercised his discretion judiciously. It is to be observed that this extra-ordinary power may be exercised under the Court's inherent jurisdiction but should be done very sparingly. Th......Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if a......High Court Division in Civil Revision Case No. 891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectÂment of monthly tenant for one year exerÂ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the apÂpellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......ng the principles of natural justice. 9. We do not find any authority for the view taken by the High Court Division that the Bangladesh Trading Corporation was not bound to hold an enquiry and got power to dispose of the case on consideration of the explanations submitted by the delinquent employ......iry held against an employee on the charges fraÂmed against him for dismissal from service, the principles of natural justice must be comÂplied with…..(6) The appointing authority is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recomme......nal hearing either by the Enquiry Officer or by the Chairman of the CorÂporation; and that witnesses were examined in his absence, but the learned Judges, however, did not consider it a fit case for granting the relief prayed for on the ground that examinaÂtion of witnesses in the absence of the a..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rse provisions excepting Sections 50 and Sections 102 of the Ordinance. Before adÂverting to these two sections, a brief referÂence to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the AdÂministrator to remove a Mutawalli in certain cases and Mutawalli’s liability for ......h & others…………….. Respondents Judgment             Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before th......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ake cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take cognizance of the offence suo moto or upon receipt of a......), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take cognizan......s very clear that there is no ingredient of Special Power Act. Seen the record also. The offences alleged are all bailable except u/s 379 B.P.C. Considering all the aspects the accused persons are granted bail of Tk. 500/- with two sureties of the like amount each. 3. Against this order th..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......he frame-work of the statutes which vest them with such jurisdiction. The Sessions Judge, needless to say, acts on the authority of the Code of Criminal Procedure and the Special Tribunal derives his power from the special statute known as the Special Powers Act which provides for the application of...... Taking of cognizance of a case in the capacity of the Special Tribunal under section 27 of the Act while exercising the Jurisdiction under section 435 of the Code by the Session Judge has been held to be illegal………….(5) Lawyers Involved: Abdul Wadud Khondker, Advocate, with Habibul Is......cognizance was chalÂlenged by filing a petition under Article 102 of the Constitution before the High Court Division which held against the appellant on deciding the question on which leave has been granted. 5. The basic point involved in this appeal is the nature of the jurisdiction exercised b..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......more, since the Special Tribunals set up under the Special Powers Act are not courts subordinate the High Court, proceedings pending before them cannot be quashed by the High Court in exercise of its powers under section 561A of the Code of Criminal Procedure. 6. The learned Judges of the High Co......1 A. The Specials Powers Act, 1974 (Act XIV of 1974) Interpretation of Statutes After the amendment of the Special Powers Act by Act (LIX of 1974) the jurisdiction of the High Court Division to hear appeals from the judgments of Special Tribunal was taken away……….(24) The amen......ions a Special Tribunal created under the Special Powers Act, is a Criminal Court and as such amenable to the revisional jurisdiction of the High Court. The contentions on which leaÂve to appeal was granted by this Court ate two, namely: "(1) Whether the learned Judges of the High Court Divi..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....cumstances the inherent jurisdiction could not be invoked. This proposition has been rather stated too broadly. It is to be remembered that the exercise of jurisdiction under section 151 is purely discretionary, and an order made under section 151 of the Code is not open to appeal, though it is......must be on an application of the interrogating party, and upon such an application, the court assumes the jurisdiction to impose the penalty under this rule. The foundation for the exercise of the power under this rule is the fulfillment of the two requirements of rule 21 of Order 11 of the Code...... J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment March 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 196...... 131 of 1978 from SMA 10 of 1975. Judgment: Kemaluddin Hossain CJ.- This appeal is on grant of special leave. Interpretation on the scope of section 105(1) of the Code of Civil Procedur..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......owed by an appeal and a revision, both being unsuccessful, how the convicted accused could come under this section for quashing the proceeding. Section 561A has only reiterated the Court's inherent power to give effect to any order under the Code of Criminal Procedure "to prevent the abuse ...... 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. ......s Judge in revision was challenged by only these three appellants before the High Court Division under section 561A Cr.P.C. with the result as stated above. On their leave‑petition, leave was granted by us to consider whether the conviction of the appellants was void on the ground that ther..Category: Criminal Law | Date: | Hits: 44
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, ...... appeal (FA 181 of 1990), the respondent could have filed this appeal (FAT 206 of 1990) with an ordinary copy praying for exemption of the certified copy. 5. We however rind it difficult to grant leave in this case for the ultimate purpose of setting aside the condonation of the delay. Su..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... Lawyers Involved: Abdus Sobhan, with Additional Attorney-General, instructed by MR. Khan, Advocate-on- Record-For the Appellant. Kho......of 1980 from WP 163 of 1978. Judgment: Badrul Haider Chowdhury J.- This appeal is by special leave granted on 14.12.1978 by this Court to the appellant in Civil Petition No. 338 of 1978 preferred ag..Category: Criminal Law | Date: | Hits: 48
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......k could resort to sale by private negotiation only in terms of rule 7(3) and not otherwise. 6. It cannot be laid down as a general rule that a sale by private negotiation which the Bank has got power to do under rule 5 generally will be invalid ab initio because the auction or tender process w......Record-For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed by the Hi......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
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