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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." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ...... AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) ...... under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High Court Division. The application was summarily dismissed by the learned Judges of that Division, who however, granted the appellant certificate under Article 103(2)(a) of the Constitution. The certificate con..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. ......shy;dent is absolved from maintaining her and the children born to him from her." [In the instant case the High Court held that section 488 of the Code of Criminal Procedure empowers a Magistrate to pass an order awarding a monthly allowance for the maintenance of wife and ......ich set aside an order dated 28-2-68 passed by Mr. M S Ali, Magistrate. 1st Class, Dacca, in Case No. 9064 of 1967 under section 488 of the Code of Criminal Procedure. 2. Short facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respondent Abdul Ha......ra Begum Vs Mia Mohammad Din (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 betwe..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. ......M. Akbar and others were also quashed and they were ordered to be set at liberty. 3. The learned Attorney-General appear-for the appellant firstly contended that order passed in exercise of powers under sections 435 and 439 of the Code by the learned Judges of the High Court Division in i......3 are set aside Ed. ...... Judgment: Muhammad Abdullah Jabir J.—These two appeals arise out of certificate granted under clause (a) of sub-article (2) of Article 103 of the Constitution of the People's Re&s..Category: Criminal Law | Date: | Hits: 125
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. ...... in the system of Government, which resulted not only in violation of the mandate contained in the Proclamation but also in the self-effacement of the President himself and abdication of power by him in favour of the Prime Minister inasmuch as in the new system the President was t......san, Advocate, Supreme Court instructed by A W Mian, Advocate-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 da......he President shall be the Supreme Commander of all the Armed Forces of the Republic, shall exercise all the Executive and Legislative powers of the Republic including the power to grant pardon, shall have the power to appoint a Prime Minister and such other Ministers ..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. ......ngs were commenced, it is only in the event of being further satisfied that there is no "sufficient reason" why the matter should not be referred to arbitration that the court has been empowered to make an order staying such proceedings. Ultimately, therefore, the making of an Ord......yon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector of Chittagong ……………….. Respondent J...... agreement from asking for stay of the proceedings if the prayer is not made -'before filing a written statement or taking any other steps in the proceedings". Then again the court ''may" grant stay on being satisfied that the applicant is not only ready and willing to do all things ne..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... bail in section 427 of the Code and article 14 of the Collaborators Order, and that by virtue of article 8(1) thereof the High Court Division retains all the powers that are, of course, discretionary, conferred on it by section 427 of the Code including the power to grant bail to an a...... the said appeal. Later, Emdadul Hoque was also directed to be released on bail. It is against these two orders of the High Court Division, which were obviously passed in purported exercise of powers conferred on it by section 427 of the Code of Criminal Procedure, that the Government p......t July 18, 1971 Cases Referred To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-General instructed by Abdur Rab 1, Advocate-on- Record—For Appellant in both the ...... of powers conferred on it by section 427 of the Code of Criminal Procedure, that the Government preferred these two appeals upon obtaining special leave from us. 3. Leave to appeal was granted in order to consider whether the High Court Division has jurisdiction, pending disposal of ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......the words "Except in the cases hereinafter excepted. Culpable Homicide is Murder, if ……..Under Exception 1, Culpable Homicide is not Murder if the offender whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the ......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....rcised on the basis of an erroneous assumption about those facts, These several principles can conveniently be grouped in two main categories; failure to exercise a discretion, and excess or abuse of discretionary power. The two classes are not, however, mutually exclusive. Thus, discretion may be i......Hajj he came to know from fellow-pilgrims from Bangladesh that a political mispropaganda was running high in Bangladesh against him because of his party's opposition to the Awami League, the party in power in Bangladesh, and if he went back home his life would be in danger. In the first week of Apri......ngladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General......izen of Bangladesh shall not, merely by reason of being a citizen or acquiring citizenship of a state specified in or under clause (2), cease to be a citizen of Bangladesh. (2) The Government may grant citizenship of Bangladesh to any person who is a citizen of any state of Europe or North Ameri..Category: Immigration and Citizenship Law | Date: | Hits: 522
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......of a vital witness. 6. Section 540 Cr.P.C. is expressed in the widest possible term and it cannot be said that the intention of the section is to limit its application to Court witnesses only. The power is available to the Court "if his evidence appears to it essential to the just decision of the......gment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Peti......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ...... Advocate-on-Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Nos. 1 to 8. No one for the Respondent Nos. 9(a) and 9(b). Maksudur Rahman, Senior Advocate, ...... No. 2. Then the property was leased out to defendants Nos. 3 to 5 who are co‑sharers of the suit land and defendants Nos. 3 to 5 have been in possession thereof. Their settlement was rightly granted by defendant No. 2. The cancellation of the plaintiffs' lease was made legally after hearin..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......oksudur Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 151 of 199 1. Judgment: ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......Act are the overriding considerations in determining the applicability of the procedural provisions of the Code of Civil Procedure. The Artha Rin Adalat is not a full-fledged civil Court with all the powers and Jurisdictions of a civil Court. It is a civil Court of defined and limited jurisdiction. ......press terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the pro......se suits which are concerned with the realisation of "loan" as defined in the Act and as disbursed by a financial institution can be filed in the Artha Rin Adalat, no other kind of suit. Section 5(4) grants to the Artha Rin Adalat the powers and jurisdictions of a civil Court, but subject to the pro..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......TM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu......complainant. The accused appellant was convicted and sentenced as aforesaid, his appeal was also dismissed and the High Court Division summarily rejected his revisional application. 4. Leave was granted to consider the appellant's submission that the ingredients of the offence alleged have not ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......te on which die decree is reviewed. For, the scope of an application for review under Order 47 is quite different from, and much wider than, that of an application under section 152. In exercise of power of review the Court which has made a decree may amend or modify it in any way and to any ext......man J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 C......limitation since it was not filed within 60 days from the date of the decree that is, 28 May 1985, and dismissed the appeal on this ground, by a judgment dated 29 October, 1992. 3. Leave was granted by us to consider the question, as already stated at the beginning, whether the limitation..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... by its judgment and order dated 3.8.92 that in appropriate cases a court exercising writ jurisdiction may adopt measures analogous to the procedure under Order IX Rule 13 CPC or at least exercise powers for the ends of justice. The learned Judges, however, held that respondent No. 1 was respons......Kamal J.- The question that arises in this appeal by leave is whether the provisions of section 141 of the Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......y not be supported by consideration in the strict sense ...........” 9. In the instant case the Government took the decision on agreement to release the Mill in question. Lack of power on the part of the Government so to do is not the plea; rather a belated plea was taken that ...... Corporation……………..Appellant VS. Saleh Ahmed & ors ..................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic R......leave to appeal No. 71 of 1979. Both the petitions are heard analogously. 5. The learned Attorney‑General appearing for the Government argued that the High Court Division had erred in granting the relief, inasmuch as the Government had revised its earlier order and it ought not have..Category: Constitutional Law | Date: | Hits: 157
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......n jurisdiction for appreciating the true scope of amendment of pleadings. In the case of Golam Hafiz Mia Vs. Khadem Ali Miah, 29 DLR(SC) 311 this court observed as follows : "In exercising this power, the court would no doubt, be reluctant to allow such an amendment which would have the effe...... and another ……………Appellants [in both the Appeals] Vs Sunhar Ali and others ..................... Respondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Nars......written statement and recalling PW 1 were challenged before the High Court Division in the Revision case. Both the Revisions were heard together and were allowed by a common judgment. 7. Leave was granted to consider whether the prayer for amendment of the written statement could be allowed after..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (MLR No. 1/82) c......minal Appeal No. 15 of 1991] Md. Idris Patwary.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Sec......the impugned order dated 22nd May, 1986. 3. Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the imp..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......f immovable property determines‑ (a) by efflux of the time limited thereby; …………………………… (c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event by the happening of such ......nant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the......he tenant is liable to be ejected solely on this ground of expiry of the period of lease without specifying any other valid grounds as provided in the Premises Rent Control Ordinance. 8. Leave was granted to consider whether in view of the provision of section 18 of the Premises Rent Control Ordi..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ...... for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy availab......Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Wh......o exclude the time spent under the review proceeding. Without going into the merit of the matters the Appellate Tribunal upheld the order of the Tribunal on the ground of limitation. 5. Leave was granted to consider whether the tribunals ought to have considered Act No. VII of 1981 and the Gover..Category: Administrative Law | Date: | Hits: 129
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