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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......y of the said Union Parishad who arrived earlier in the office. Then came PW 5 Abul Hossain, an inhabitant of Char Ruhita, followed by the deceased Chairman, who started perusing notices of monthly meeting and the resolution book for his eventual signature. The three accused persons, Abul Khair,..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... Judgment: MH Rahman J: At the instance of the petitioner a rule was issued on 15th February, 1990 upon the opposite parties to show‑cause 'within one month from the date of the service why they will not be committed ......ecution court for the stay of the execution. As the writ of delivery of possession had already been issued by the executing court to the Nazir Khan a second petition was filed on the same day for recall of the said writ. The learned Advocate for the decree‑holder, Opposite Party No. 3, note...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... Special Judge is limited to his district, designated as sessions‑division, in the Criminal Procedure Code. The other ground is that section 10(3) of the Criminal Law Amendment Act has given power to the High Court Division for transferring a case from the court of one Special Judge to the......t Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. D...... for transfer of those cases from the court of the Divisional Special Judge to their courts, namely the courts of the Senior Special Judges concerned. The two Senior Special Judges, on their part, called for the records of those cases from the court of the Divisional Special Judge for the purpos...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....t law made the findings and gave the direction as stated above. The appellants in both the appeals joined issue with regard to the direction given by the learned Judge in the purported exercise of power under section 10(2) of the Act, each, however, for his own reasons. 16. It is not dispu......enior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑‑For the Respondent Nos 1‑3 (In CA 100/1990) Shahabuddin Ahmed, Deputy Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record-For the respondent Nos. 4-5 (In CA 1......ommon judgment and order dated 16th August, 1990 passed by a Single Judge of the High Court Division in a proceeding under section 46 read with section 72 of the Trade Marks Act, 1940 (hereinafter called the Act) being Matter No. 44 of 1988. The appeals have been heard together and will be dispo......ted trade mark notwithstanding the objection of the BCIC until 1986 when there was an order of temporary injunction passed against them in Title Suit No. 12 of 1986. 27. The Act provides for meeting such a situation as in the present case which has been considered by the learned Judge. Th..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....as amended by the President's Order No. 91 of 1972 providing for constitution of the Appellate Division of the Bangladesh High Court from 3 August 1972. The Appellate Division was vested with same powers and functions as of the erstwhile Pakistan Supreme Court. The appellant claimed that he was .......................Respondent Judgment March 16th, 1992 Lawyers Involved: Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Additional Attorney General and Sharifuddin Chaklader, Assistan....... 5 of 1972 and Article 6A of PO No. 91 of 1972. Now, the Supreme Court of Bangladesh was created by the Constitution which came into force on 16.12.1972. Article 151 of the Constitution specifically repealed PO No. 5 of 1972. So, with effect from 16.12.1972, the PO No. 5 of 1972 and along w...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ...... calls in question the legality as well as propriety of an order of the High Court Division dated 28 May, 1989 made in Suo Motu Contempt Rule No. 189 of 1989, by which the appellant, who is a party to a Civil Suit, has been held guilty of contempt of court, convicted and sentenced to fine of Tk.......9) Judgment: Shahabuddin Ahmed CJ.- This is an appeal under Article 103 of the Constitution of Bangladesh. It calls in question the legality as well as propriety of an order of the High Court Division dated 28......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....ntainer ships from Pakistan, the appellant along with other officials of the Bangladesh Shipping Corporation and another collusively made a deal and that the appellant in particular by abusing his power and position helped them in the transaction and thereby caused a loss of Tk. 29,56,98,000.00 ......egime, was arrested on 26.12.90 under section 3(1) (b) of the Special Powers Act. In Writ Petition No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......does not appear to be any more fact than what was already stated in the FIR. It appears that the appellant who was the Education Minister at the relevant time presided once over a Council Committee meeting (for purchase of ships) in the absence of the regular convener who, it is said, was the Fin..Category: Constitutional Law | Date: | Hits: 150
....
8. The disputed land belongs to the Government in a cantonment and therefore it is a Military Land, managed and administered by be Ministry of Defence, as per Rules of Business, 1975. In exercise of powers under section 280 of the Cantonments Act, 1924 the Central Government framed the Cantonment L......on
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and othersâ€......ant challenged these two notices dated 15.6.88 and 18.6.88 (Annexure 'A' and 'B') in Writ Petition No. 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the same. By judgment an...... 3 contains the Enterprise Profile which specifically mentioned that "lease deed is available with us. 20 (twenty) years lease will expire in 1984".
14. After the appellant submitted its bid a meeting was held on 9.8.76 between the Ministry of Defence, Ministry of Industries, the Air Force an..
Category: Property Law | Date: | Hits: 68
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....he defendants managed to drag the plaintiff's father on 17.7.71 at night and forced a signature from him on a partition arrangement said to have been settled by Bisudaanandh Mahathero who was never empowered by the plaintiff to do so, nor did the plaintiff empower her father to sign any partition ar......e judge Patuakhali. 2. Plaintiff‑respondent No. 1 is a Buddhist and a widow of Thanchanio Talukder who died on the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds to the property of her deceased husband. The defendantâ€......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..Category: Property Law | Date: | Hits: 52
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... XLVII of 1983. Now rule 14 of order VII reads as follows: "14. Production of documents along with the plaints.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them In Court when plaint is presente...... Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka ................ Plaintiff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers I......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... VII of 1981), Sections 2, 3, 4 and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the wid......tled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tri...... (From the judgment and order dated 12th December, 1990 passed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated appeals call for determination of a common question whether in view of clause (5) of Article 102 of the Cons...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Ass......sively for women has destroyed the principle of democracy as expressed in the Preamble, in clause (1) of Article 7 and Articles 8 and 11 of the Constitution. A system of indirect election cannot be called undemocratic. It is provided in the Constitution itself. The amendment is not also violative......ubstituted by the impugned amendment: "(3) Until the dissolution of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the Parliament is in existence at the time of commencement of..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....Company Ltd. is a Private Limited Company incorporated under the Companies Act on 12.3.75, that it was established by the Bangladesh Oil and Gas Corporation, Petro‑Bangla, in exercise of the powers vested in it by section 8(2) of the Petroleum Act, 1974, that one of the objects for which t...... appeal. During the Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Ltd. A disciplinary proceeding was instituted against him when he rose to be the Operation Officer of Jamuna Oil Co. Ltd. but the Enquiry Committee did not give him adequ......al application the High Court Division found that Jamuna Oil Company Ltd. had no Service Rules of its own, that the plea of lack of Rules not providing for a second show cause notice was not specifically taken in their written statement and that the appellants' main contention that the relations......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
.... them for purchasing the suit property, that he obtained the ex parte decree against the Mitras in accordance with law and got the sale deed executed and registered through court, that the alleged power of Attorney is a forged one, that defendants 4‑6 did not exchange the suit property wit...... Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Huq, Advocate‑on‑Record ‑ For the Respondent No.1. Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on ‑Record‑ Re...... defines "Exchange". It says when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only; the transaction is called an “exchange". An exchange is a mutual transfer between two persons of the owners......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
.... as such its prayer was rejected. 31. Chapters IX and X of the Customs Act, 1969 relate to the "Discharge of Cargo and Entry inwards of goods" and "clearance of goods for home‑consumption". The powers and functions of the Customs officials in connection therewith are clearly laid down therein.......Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (......ls being the same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Pet......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ............................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy Attorney‑General (Sharifuddin Chaklader, Assistant Attorney ‑General, with him) instructe......enal Code and sentence of rigorous imprisonment for 2(two) years under the former section. 2. Leave to appeal was granted to consider the submission that the facts of the case were not critically examined by the High Court Division to a sufficient extent as is required in a criminal case ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....he parties with reference to title which is not contemplated in Section 145 Cr PC. 11. Mr. Abdur Rashid, learned Advocate for the second party‑respondents, submitted that the inherent power of the High Court Division under section 561A Cr PC can be invoked even by a party who has be......c. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. inves...... is forbidden. 10. Secondly, he submitted that the High Court Division in any case was wrong in quashing the proceeding because it was wrongly held that the learned Magistrate "categorically found that the 2nd party was in actual possession as bargadar", which is not correct. Th...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At t......hman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissi......t pronouncement" of that Court. The learned Judge, Sultan Hossain Khan, J., who delivered the judgment in this case was a party to 33 DLR 376. Subsequently, another Division Bench held a diametrically opposite view in Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & ors. 3......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....he search did not vitiate the trial. 15. In Montreal Street Rail Co. vs. Normandin 1971 AC 170, 174 Sir Arthur Channel thus pointed out the distinction between discretionary and compulsory powers: "The question whether the provision in a statute are directory or impera......; August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) ......rrest the detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the interest of public safety or public order. No ground of detention was ser......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......atifur Rahman J MA Wahab and another.................Petitioner. Vs. Abul Kalam and another...............Respondent Judgment June 13, 1991. Cases Referred to- &......le every endeavour should be made to get the signature of the advocates concerned to important orders, their attention is drawn to the fact that it is not the duty of the officers of the Court to call upon the advocates to sign tile orders issued, or to inform them of the nature of the orders ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
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