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Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... The Code of Civil Procedure 1908 (V of 1908), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Court Division on a question of fact ......8), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Court Division on a question of fact is final. The High Court Division while disposing ......the Income Tax Clearance Certificate and register the kabala and that specified period for getting the executed kabala registered having had lapsed, he (plaintiff) in the middle of Sraban, 1374 BS called a 'panchayat' and there defendant promised to execute a new kabala and to register the same ......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....tion for such licence within 30 days ignoring the broad fact that as the administration of Radio, Television and all other matters relating to broadcasting and television are within the functions and powers of the Ministry of Information and the earlier licence was also obtained by ETV from the Mini...... Judgment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh Telecommunication Regulatory Commission........................Appellant vs Ekushey Television Ltd..........................r the appellants in Civil Appeal No. 385 of 2003 and Mr. TH Khan, the learned Counsel appearing for BTRC, referring to the revisions of section 3 of the Bangladesh Telecommunication Act, 2001, specifically mentioning provisions of sub-section (2) thereof, have submitted that the Act is not applicabl......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....gh Court Division. 8. Section 498 of the Code of Criminal Procedure is within Chapter XIX of the Code dealing with bail matters. Section 498 of the Code of Criminal Procedure deals with the power of the High Court Division or the Court of Session to direct admission to bail of any person ......section 498 of Cr.P.C. is not maintainable. Disposal of seized articles is governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
...., Dhaka with the Ramna PS alleging, inter alia, that Md Nasim, former Minister for Post and Telecommunication and MAHS Rahman, Director Consociates Ltd, in collusion with each other by misusing their powers and in order to award the work of installing 3,00,000 telephone lines to World Tel Holding Lt...... Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding……......thusiastic, verbally directed that appointment of a consultant be made from the proposal received. Thereafter, it was decided that Consociates Ltd be appointed for the project. As such, no tender was called for appointing the consultant. That on inspection of the said Ministry's file No. PT. Shaka-5......le No. PT/Shakha 5/4-6/98(Part-3), it has been found that a decision was taken by the Ministry that these bids should be processed by a consultant before being placed to the evaluation committee. The meeting was held in presence of Post and Telecommunication Minister Mr. Md. Nasim and it was stated ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... 4. Mr. M A Sobhan, the learned Advocate appearing for the petitioner, firstly, contended that the High Court Division committed an error of law in not considering the fact that in exercise of the power conferred by section 52 of the Bangladesh Agricultural Development Corporation, 1961 (Ordinan......on Service Regulation, 1968, Regulation 3(1) In view of sub-section 3 of section 1 of the Service Regulations of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was no requirement of Engineering Degree for p......fly stated, to the effect that on an application made under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the respondent No. 1 as writ-petitioner, Rule was issued calling upon the petitioner (writ-respondent) to show cause as to why the office order dated 9-1-20......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....was no challenge regarding the genuineness of the map either before the revisional authority or in the writ-petition, the High Court Division erroneously held that the revisional authority has no power to take into consideration the map. He also submits that as the vessel was found encircled ......a Holding Inc. Panama and other............................Respondents Judgment July 14, 2004. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25 The Customs Act, 1969 (Act No. IV of 1969), section 156 The accused has been acquitted of the ch......the Special Powers Act. Provisions in both the Acts are distinct and different. One Act is in personem and the other is in rem and, as such, acquittal and conviction under one Act will not automatically operate as acquittal or conviction or a bar in respect of the other proceeding under another ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....the contradictory part as unreliable or to rely upon that portion, which, in the opinion of the Court, fits in with other evidence and the facts and circumstances of the case. The exercise of the power is guided by judicial discretion, and cannot be exercised either arbitrarily or capricious......O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention......ctober 29, 1999 the victim was in a depressed mood and condemned prisoner's mother asked the victim to take snack in the evening but the victim did not take snack, that the condemned prisoner also called the victim to take snack in the evening but the victim refused to take snack and for that th......shesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any e..Category: Criminal Law | Date: | Hits: 59
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ard to certain matters specified therein before issuing a licence and under subsection (3) thereof the licensing authority acts under the control of the appropriate Government. Section 8 gives power to the appropriate Government to make rules for the purpose of carrying into effect the provi..............Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Cinematograph Act, 1918 (Act II of 1918), section 5 There are places of worship, residential hous......ous other facts, such as the suitability of the site, its proximity to places of worship, the inconvenience likely to be caused to residents of the locality and other factors which were not specifically required by the Act to be taken into consideration for the purposes of a licence under the Ac......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ted members, such as woman and some official members. The Ordinance (59 of 1982) also provided for re‑organisation of the general administration of the country at Upazila level by transferring some powers and functions of the Government to the Upazila Parishads. These functions were called "transf......lopment & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 6......provided for re‑organisation of the general administration of the country at Upazila level by transferring some powers and functions of the Government to the Upazila Parishads. These functions were called "transferred subjects" and the functions retained by the Government were called "retained sub...... their Constitution may be reviewed by the Court. Secondly, learned Attorney-General has added, as required by Article 93(2) of the Constitution, the Ordinance was laid before Parliament at its first meeting following the Promulgation of the Ordinance and was approved of and made an Act of Parliamen..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ....... Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented –Respondents. Criminal Petition for Leave to Appeal No. 18 of 1991. (From the Judgment and order dated 10.12.90 passed by the H......submitted that the respondents have been wrongly acquitted upon erroneously holding that the evidence was not adequate. He also submitted that if further evidence was needed the Court could itself call for the same which were Court's records and that at any rate the prosecution should have been ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....e, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. In India, in order to define and limit the powers of certain courts in punishing contempt of courts and to regulate their procedure in relati...............Appellant Vs. The State............................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 19......rs have not been caught why the appellant should be nabbed. As an officer of the Court, the learned Counsel for the appellant may bring any matter to the notice of the Court that may, in his view, call for an action under the Contempt of Courts Act. 16. In the instant case the matter......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....l reasoned award based on the evidence as adduced by the parties. The award is ordinarily final and conclusive between the parties and the court in setting aside the award does not exercise appellate power. We cannot also inquire into the matter as to how the evidence was appreciated by the Arbitrat...... Judgment Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1......cts for establishing the road and arranging drainage facility using all mechanical devices for cutting earth with side slope 1:2 and grade upto 3% including throughing the spill manually or mechanically at safe distance, leveling, soil dressing etc. Complete, cutting, ramming to a rough for prop...... 2. Leave was granted to consider the appellant's submission as to whether the High Court Division erred in holding that the Arbitrator misconducted himself in considering the proceedings of the 87th meeting of the Planning and Development Committee (P & D Committee, in short) of the University ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... 14. This is an entitlement of the lessor but not its only option. The lessor may choose not to cancel the allotment, determine the lease and forfeit the premium. Clause 25 is only an enabling power. The lessor may or may not exercise the option. In the present case RAJUK has not taken any s......ent and order of the High Court Division dated 18.6.90 in Writ Petition No. 10 of 1989 discharging the Rule Nisi. The writ petitioner is the appellant in both the two appeals. They have been heard together and will be disposed of by this common judgment. 2. Pursuant to his application date......the Rule Nisi was duly served upon respondent No. 4 he had not come to deny that he actually purchased a plot of land on 17.1.75. In his affidavit‑in‑reply the appellant has not specifically denied that respondent No. 4 had acquired a plot on 17.1.75. Hence it can be safely inferred ......aware of any allegations against the vendor both before or after the purchase of the said plot. He was a bonafide purchaser for value without notice of any illegality committed by his vendor. At a meeting of the Board of Trustees of RAJUK held on 29.9.88 a decision was taken not to mutate the sa..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. ......e root of the finding of both the courts below that the incident took place at the time and place and in the manner as described by the prosecution. He has argued that the prosecution story is basically absurd, improbable and inconsistent 'with human conduct and reasonable explanation. He has tr......ly in a case where there is some pre‑arranged plan among the accused persons to do any criminal act; but in this case, they have found, there was no such pre‑arranged plan or design or meeting of mind of the accused persons to cause the death of Tara. The learned Judges have cited th..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....r. The learned Judge also held that there being a specific provision of substitution under Order 22 rule 3(1) of the Code of Civil Procedure, the learned SCC Judge had no jurisdiction to exercise any power under section 151 of the Code. 3. Leave was granted to consider the appellants' submission ...... Sharifa Khatun @ Sharbat Banu and others…………Appellants. Vs. Md. Yusuf and others.......................................Respondents Judgment April 19th, 1992. Cases Referred to- Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1; Abdus Sattar vs. Suresh Chandr......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....e was not protected just because the president of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division while declaring the order of ......ion 6 When the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected just because the president of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the expre...... necessary sequence from the power to create. In other words, it is a necessary adjunct of the power of appointment and is exercised as an incident to, or consequence of, that power; the authority to call such officer into being necessarily implies the authority to terminate his functions when their...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ...... ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referred to- Rahmat Vs. Sate 1969 SCMR 537; Bharwad Mepa Dana Vs State of Bombay AIR 1960 SC 289 (29......re details about the incident. As there was a mosque nearby where the Dotara player was to sing, the informant and his nephew Abul Hossain objected. The accused Nurul Hug (since acquitted) gave the call for catching AW Hossain. Rafiqul Islam @ Hazrat Ali, the appellant, caught Abul by his hair, a......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......ant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of O......d Advocate for the appellants. Dr. Rafiqur Rahman, learned Advocate for respondent No. 1, frankly submitted that the impugned order was not founded on proper premises, but the same does not, however, call for interference because it was in the discretion of the learned Judge to make the respondent a......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....ould be held by the Divisional Special Judge, Khulna, taking the ground that no Gazette Notification was produced by the prosecution showing that the Sessions Judge Jhalakati had been vested with the power of a Special Judge under section 3 of the Criminal Law Amendment Act, 1958. The petitioner is ......nvolved: Moksudor Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal petition for leave to appeal No. 62 of 1992 (From the judgment and order dated 22. 4. 92, passed by the High Court ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....ct, 1947. It has been alleged in the First Information Report that the appellant as the Chairman of the Bangladesh Chemical Industries corporation between 9.11.82 to 22.11.90 by misusing his official power and acting in conspiracy with others abated the misappropriation of more than Taka six crores ......h, 1992. Lawyers Involved: Rokunuddin Mahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Crim......of section 497 of the Code of Criminal procedure refused the bail of the appellant in the case. 4. In the instant case, the learned Judges of the High Court Division could not point out Specifically, even after expiry of nearly 7 months from the filing of the FIR to any incriminating material......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
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