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A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
.... 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......ted the Collaborators Order, namely Mr Justice Abu Sayeed Chowdhury; and to that end we were referred to the Proclamation of Independence made at Mujib Nagar on the l0th day of April. 1971 (herein called the Proclamation) as well as the Provisional Constitution of Bangladesh Order, 1972; pr......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. ..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... 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 ......ts were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Bangladesh Collaborators Order, 1972 (President's Order No. 8 of 1972), hereinafter called the Collaborators Order on the allegation that they collaborated with...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....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......icipation in the crime is found to have been based on evidence of doubtful nature. The High Court Division is, thus, found to have rightly held Paltu not guilty. This finding is not at all perverse calling for interference. 4. Now, coming to the criminal act attributed to Ashraf Ali......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)
....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......e a doubt arises in respect of a person's status, conduct or intention that person must be the first person to be heard and given the opportunity to dispel the doubt. Article 3 does not either specifically or by implication exclude the principle of 'hear the other side.' It is also silent as to duty...... in 1969. He was a permanent resident in Bangladesh on March 25, 1971 and he continued to be so resident on 22 November 1971 when he went to Lahore for attending his party's Central Working Committee meeting. As the war broke out between India and Pakistan he wanted to come back home. On December 3,..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......the Petitioners. Dr. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Sirajur Rahman, Advocate-on-Record -For the Respondent Nos. 5 and 6. Civil Petition for Leave to Appeal No. 532 of 1992. Judgment: &...... discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....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......vidence appears to it essential to the just decision of the case". The trial Court has elaborately discussed the reasons why the petition of the prosecution was being allowed and, thereafter, categorically held, "I am of the opinion that his evidence is vitally important, necessary and essential for......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
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....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......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. ......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. ..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 ......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......it may not be out of place here to quote the first four sections of this Indian Act for the purpose of deciding the issue at hand: 1. Short title, extent and commencement.- (1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State o...... 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 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....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......lication under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction, whether it is called an amendment or correction, cannot be the date of the decree for the purpose of challenging ......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 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... 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......ding and is governed by the Code of Civil Procedure and section 114 of the Code conferring power of review is available to the High Court in its writ jurisdiction, it has never been decided specifically by either the Supreme Court of Pakistan before liberation of Bangladesh or by this Court as t......er friend when the learned Advocate for respondent No. 1 was lying seriously if in Suhrawardy Hospital. When the matter was heard in the High Court Division he was actually out of town to political meetings in his constituency and in visiting his dentist. By filing a supplementary application re..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....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......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 ......d further to find out whether the former owners were Bangladeshi owners so far this Mill was concerned. Then on 18.6.77 the Petitioner Saleh Ahmed, a Director of the Mill, was requested to attend a meeting on 21.6.77 "to discuss about transfer of Mohammadi Calendering and Printing Mills Ltd..Category: Constitutional Law | Date: | Hits: 157
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......l Hoque (respondent No. 1 herein) that he was elected as the Chairman of Dapunia Union Parishad, Pabna Sadar Upazila, in 1988 and contested the same election for the same office on 22.1.92 but lost to the appellant Md. Abdul Mannan alias Manu by a narrow margin. Besides, respondent Nos. 5‑......iod and a fresh election should be held for those offices. 3. It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ordinance provides that every Chairman and member shall, before he enters upon his offic......mbers thus fell vacant under section 13(b). Further, he contended, under section 6 of the Ordinance the term of a Union Parishad shall be a period of three years commencing on the day of its first meeting after its constitution. Section 6(2) provides that a Union Parishad shall, after its consti..Category: Election Law | Date: | Hits: 136
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....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......s absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate the cases of the parties, in brief, as will be r......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 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......h School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delh......cause notice was not available to the plaintiff, not being a government servant; and that as there is no rule that in the absence of a member of the enquiry committee its proceeding should be automatically adjourned, the deliberations of the enquiry committee could not be questioned on the supposed ......or accounts of the school and he was to approve the audit report. From 3 January 1987 to 8 January 1987 the plaintiff was repeatedly asked by defendant No. 2 to issue a notice for holding an emergent meeting of the Managing Committee for discussion of accounts, but he did not pay any heed to that De..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....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......uilty of the offences under sections 143 and 448 of the Penal Code and sentenced each of them to suffer Rigorous Imprisonment for 3(three) months. The appellant filed Writ Petition No. 135 of 1986 calling in question the aforesaid order of conviction and sentence. An allegation of malafide was r......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 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....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...... renew the lease was with landlord. In such circumstances notice under section 106 is not required." Consequently he upheld the ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the Premises Rent Control Ordinance, the trial Court c......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. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... 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......y" which can "set aside, vary or modify" the "decision or action" must take a decision in the matter, or else, no application to the Administrative Tribunal "can be made". The proviso does not specifically mention an appeal, but there is no doubt that when applied to the Rules, 1985 an appeal is con......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. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....tember 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power to award interest on the award made by him. 2. Facts leading to these appeals are bri......desh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment Febr......se, is one among those cases in which Courts allowed interest in arbitration proceedings. In England the first statute governing payment of interest is the Civil Procedure Code, 1833, which is also called Lord Tenterden's Act. This Act authorised common law Courts, in which actions were tried by ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....nce of which the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. 3. Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose al......For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the High Cour...... under section 84(3) of the Ordinance, but when the Managing Committee of a Co-operative Society is proceeded against under section 22 of the Ordinance, the second proviso to section 22(1) categorically provides that "no such order of dissolution shall be passed without giving the Managing ...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
.... office of the Deputy Commissioner, Bakerganj. There is no specific notice requiring the petitioner company to show cause as to why the acquired land should not be resumed. In order to exercise the power of resumption given under clause 7 of the lease deed, a clear, specific, open and unambiguous ...... After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Banglades......urt Division in Writ Petition No. 162 of 1985 striking down an order of derequisition. 2. Respondent No. 1, M/s Commercial Trust of Bangladesh, a Private Limited Company, filed that writ petition calling in question, the memo dated June 4, 1985 of the Ministry of Land Administration and Land Ref......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
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