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State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....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......of the offÂence and the nature of the offence; (2) whether in view of clause (g) of the proclamation dated August 20, 1975 ousting the jurisdiction of all the Courts including the Supreme Court from calling in question the Proclamation or RegulÂation or Order or other Orders or anything done or an......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. ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....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......ith at an interlocuÂtory stage or even at the early stage in exercise of the inherent jurisdiction of the High Court under section 561A of the Code. Of course, facts of a partiÂcular case may call for interference unÂder section 165 A of the Code where even on the admitted facts no crimin......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 ..Category: Criminal Law | Date: | Hits: 51
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....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 ......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)
....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...... latter, in other words the general provision of the Land Acquisition Act will apply where there is no specific provision in the Town ImproveÂment Act. It was held that as there was nothÂing specifically said about the trial procedure or the character of the award made by the Court under the Land ......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 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....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......prominent indusÂtrialists; and (f) One person to be nominated by the planÂning Commission. 2. Every person constituting the Board shall sign a register to be kept for the purpose and to call the Roll of Members, and no such person shall be deemed to have become a member unless he has ......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 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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......ee who resigned from his service but being repentant sincerely craves for withdrawing his resignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order accepting the resignation………….(9) Lawyers Involved: S.R. Pal, Senior Adv......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 ..Category: Employment/Service Law | Date: | Hits: 77
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....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......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 ......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 ..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... 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......d or a Chairman, Vice-Chairman or an elected member of Zilla Parishad shall not be removed from his office on any ground mentioned in sub-section (1) unless, at a special meÂeting of the Parishad called for the purÂpose in the prescribed manner, a resoÂlution to the effect that he is liabl......rishad under the powers conferred under section 13(2) of the Local Government Ordinance, 1976 and removing the appellant from the position of Chairman. The resoluÂtion was passed on 20.9.78 in a meeting for the purpose of removing the chairman by eight members of the Union Parishad concerned. T..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 ......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......'contiguous' as used in sub-section ( 1) means "touching", “adjacent" but not "neighbouring". 6. Mr. M.H. Khondker, the learned CounÂsel for the appellants contended that although it was specifically stated in the written objecÂtion that the transferred lands appertaining to five different ra...... means touching and is as nearly as possible the synonym of 'adjoining’. The Oxford English Dictionary gives five meanÂings. The first and principal one touching, in actual contact, next in space; meeting at a common boundary, bordering, adjoining. Dr. Johnson, who is said to have employed the En..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....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......he decree holder. The ends of justice presuppose to hold balance even between the contesting parties. It is also to be remembered that the manner in which the stay or moratorium has been granted is uncalled for inasmuch as time could have been prayed for before the executing Court itself. It is to b......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 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....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......of this case. In view of the elaborate proceedings taken under the Rules the contention of Bangladesh TradÂing Corporation ought not to have been acÂcepted by the High Court Division. It was specifically contended before the High Court Division that the impugned order was passed illegally and in c......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. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....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......n a dispute and so the adjudicatory authority of the Administrator may not be invoked. There may be cases, of course, where a dispute is raised at the time of enrolment when the Administrator will be called upon to decide the waqf character of the property. The moment the Administrator decides the q......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)
....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......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 ......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 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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......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 ......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 ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....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......ection 410 provides for filing of appeal in the High Court from a conviction in a case tried by SesÂsions Judge or Additional Sessions Judges. Section 435 provides for the power of the High Court to call for record of interior Criminal Courts. Section 438(1) provides that the SesÂsions Judge or Di....... The allegations in the Special Tribunal case No. 258 of 1976 are that the respondent and other accused persons named in the First informaÂtion Report belonged to Jatya Ganataatrik Dal. In a public meeting held in Paltan Maiden on March 17, 1974, the respondent and some other leading members of th..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....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......ets second chance to re‑open the order which is against the basic concept of jurisprudence on the finality of an order. The second is that the court of co‑ordinate jurisdiction will be called upon to revise its own earlier order once it has taken a view on that order. We, however, no......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....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. ......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 ......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 ..Category: Criminal Law | Date: | Hits: 44
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... manner. I also find that cogent reasons were given by the learned Judges of t1to High Court Division in not finding disinterested witnesses in this case as admittedly both the parties were equally powerful and divided into two hostile groups and for such a situation at the present day nobody lik......nd others……………….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) ......6.85 at about 6‑45 AM. Deceased Ekhlasuddin had some business at Jessore with his Advocate Nurul Islam and had to cross the river Nabaganga 11/2 miles away from his house by boat at a place called Baraipara Kheyaghat. Ekhlasuddin asked his nephew P.W. 5 BM Imdadul Huq @ Tulu to go to Bar......d from house by motorcycle for Jessore and they met Chairman Tuku who is P.W. 1”. These two versions are entirely different. P.W.s 3, 4 and 5 do not say anything regarding Ekhlasuddin's meeting with anyone on the way. P.W. 11 Kamalakshimi stated in his evidence that on 11.6.85 he was ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....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......he leave to appeal from the Judgment of the High Court Division was also dismissed by this Division on 21.5.1990. 2. Then the petitioner filed the present Writ Petition No. 1625 of 1990, this time calling in question the validity of the sale of the project assets upon negotiation to respondent No......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
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....ithout lawful a6thority as it had not been mentioned anywhere in the said order that there was any doubt or dispute which necessitated the passing of the said order. The Registrar was not given any power, it held, to divide or unite any establishment for the purpose of registration of trade union......lip;………….Appellants Vs. Registrar of Trade Unions and ors…......................Respondents [In CA No. 17 of 1993] Flight Engineers and Navigators Association and anr……………Appellants Vs. Registr......ustrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on any industry" (section 2(iv) and industry "means any business, trade, manufacture, calling, service, employment or occupation". (Section 2(xiv). If a trade union, t1tus constitu....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
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