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Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 Mokseda before the occurrence and abscondence of Billal immediately after the occurrence an...... the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir. They stayed there for some time. Then at about 7-30 PM accused Saiful Islam called Alamgir Kabir outside the house on the plea of some talk when appellant Billal, Saiful Islam......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....eal below did not correctly assess the evidence and the findings have been made on irrelevant evidence. Considering the statute 32 of the First Statutes of the Dhaka University Order 1973 regarding power and functions of the Governing Body of the affiliated Colleges High Court Division found tha......s Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid&......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......or removing authority of Non-Government College teachers. It is true that the order of removal of the respondent No. 1 by the defendant No. 1 was subsequently approved by the Governing Body in its meeting held on 20-8-1991. Had the plaintiff respondent No. 1 has been removed from service by foll..Category: Others | Date: | Hits: 84
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....lip;… Respondents Judgment March 15, 2000. The Companies Act, 1994 (XVIII of 1994), Section 91(1) (b) Articles of Association of IFIC Bank, Article 114 The power of the Board of Directors in Article 114 to recommend does not mean power to reject any such ...... Judgment March 15, 2000. The Companies Act, 1994 (XVIII of 1994), Section 91(1) (b) Articles of Association of IFIC Bank, Article 114 The power of the Board of Directors in Article 114 to recommend does not mean power to reject any such candidature. No such power ...... Bank, Article 114 The power of the Board of Directors in Article 114 to recommend does not mean power to reject any such candidature. No such power to reject such candidature has been specifically given to the Board of Directors in the said Article or any other Article. Under the garb of r....... This will not apply if a member has left at the office a notice in writing under his hand or under the hand of such agent signifying his assent to his candidature at least 7 clear days before the meeting. The purpose of this provision appears to be that if a general member wants to be elected a..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....re cannot be of any consequence in respect of the proceeding against the appellant. Section 6 of the General Clauses Act contemplates repeal of an Act and not of a Regulation under the rule making power………(6) Lawyers Involved: Ajmalul Hossain, Senior Adv...... question in this appeal is, whether after the omission of clause (8) of regulation 42 of the Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, hereinafter referred to as the Regulations; the appellant could yet be governed by the said provision. 3. The ap......not have retrospective operation affecting the vested right of the petitioner to be dealt with in accordance with the repealed provision of clause (8). The appellant should have been found automatically discharged from the charges leveled against him on 3 April 1993 on the expiry of 180 days as......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......bsp; June 29, 1999. The Transfer of Property Act, 1882 (of 1882), Section 111 There can not be any cancellation of lease without giving an opportunity to the aggrieved party being heard when the lease has been under registered instrument with delive......nexure-H to the petition submits that the Government has every right to cancel the lease of the petitioners of Writ Petition No. 4598 of 1997 without assigning any reason whatsoever. He has specifically drawn our attention to clause 25 of the said Annexure which is a deed of lease. It appears th...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ts this Order is Annexure-B to the writ petition, namely, The Services (Re-organisation and Conditions) Act, 1975 (Act No. XXXII of 1975), hereinafter called the Act, conferring on the Government the power to create new services or amalgamate or unify existing services. In exercise of powers under s......dres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. N......not be framed as contemplated under Article 115 of the Constitution. This Rule Nisi was issued on 19-11-1995. 3. On the application of the writ petitioner-respondents another Rule Nisi was issued calling upon the same respondents to show cause as to why the benefits allowed as per paragraph 3 of......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....ought by the financial institution, the creditor, stood dismissed for default. 4. According to sub-section (4) of section 5 of the Act the Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code, 1908 subject to the provisions of the Act. ......of my learned brother Kazi Ebadul Hoque, J. Bimalendu Bikash Roy Choudhury.- I have gone through the judgment of my learned brother Kazi Ebadul Hoque, J. I would like to add a few words about the import of sub-section (1) of section 6 of the Artha Rin Adalat Ain, 19......eferred to as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any court or any other authority.” If we take this provision litera......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......vided in the Service Rules of the PDB. An employee cannot raise the plea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Shei...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....without assigning any reason except stating in the order that he completed 25 years of service. In the leading judgment Munim J found the order to be bad for malice in law and arbitrary exercise of power in the absence of any guide line in the said provision of the Act. In that decision it was ob......ies Act, 1991 (XIV of 1991), Section 46 In view of the inspection report and recommendation of the standing committee it cannot be said that there was no material before the respondent no. 1 to form the opinion concerning the appellant or that the said opinion was fanciful. There was no r......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ed by two officers of the Bangladesh Bank on 14-12-96 regarding loan account of MIS. Marshall Services maintained in the principal branch of the Arab Bangladesh Bank Ltd. Thereafter on 17-12-96 a meeting of the Standing Committee constituted under section 48 of the Act was held. In the said mee..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......sp; November 8, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 It will be inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she sho......irl should stay with her parents rather than be given to the family of the accused girl cannot be allowed to make her own choice because, prima facie it appears that she is a minor. The defence can call her as a witness at trial and the Court will ensure her attendance that case. In the ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......s 423 & 424 There is no illegality in not discarding the evidence of eye witnesses on the ground of close relationship as ocular evidence cannot be disbelieved when the witness appeared to be truthful and were telling the truth……………(8) When th......the outset it must be stated that the judgment of the High Court Division is not a very happy one as because the learned Judges of the High Court Division while disposing of an appeal on merit were called upon to decide the case on fact after proper appraisal of the evidence on record. The learne......tnesses as aforesaid and we do not find any error in the impugned conviction and sentence.” With regard to the immediate cause of murder of Hafizuddin it appears that a public meeting was held by deceased Hafizuddin just one day before the occurrence where the deceased spoke..Category: Criminal Law | Date: | Hits: 61
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law…………&helli...... submitted to the Vice Chancellor along the audit report. The Vice Chancellor in his turn forwarded the bill with his signature thereon to the Director of Accounts on 26.12.93. On 27-12-93 a daily called “Ajker Kagaj” published a news under the heading “Corruption of Teacher of......f students are not deposited in the fund” and contained a detailed Criticism of the manner in which the fund administered by professor Anwarullah Chowdhury. 3. On the following day a meeting of the Deans of Faculties was held in the office of the Vice Chancellor to consider publica..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....dgment December 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely ......vision (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Mustafa Kamal and another……………Appellants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 1999. Result: The two a....... The High Court Division further held that in view of the fact that a high-powered committee reviewed tariff value from time to time the fixation of tariff value at US $ 220 per metric ton cannot be called an arbitrary decision. The Division Bench desired that the National Board of Revenue should f...... in its possession contemporaneous documents to show that the international market price of a particular item of import or export has either gone up or down during the interim period between the last meeting of the committee and the impugned meeting. …………………(20) Cases Referred to-..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....g the Rule absolute in Writ Petition No. 449 of 1994 filed by the respondent against the appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the pur......……Appellants Vs. Md. Tajul Islam………………………………………………...Respondent Judgment February 5, 1997 Result: The appeal is dismissed. Cases Referred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 19......ce sent through Bangladesh Embassy in Saudi Arabia falling which the respondent’s licence would be cancelled and the security would be forfeited. The allegations of the Ministry were denied categorically and the fact as to settlement of the problem of recruits in Saudi Arabia was brought to the no......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....en into an error of law in refusing to dismiss t execution case. 3. We find no substance in the contention. The obvious proposition of law is that on the demise of either party to the power of attorney the relationship between the principal and the attorney ceases in accordance with...... instructed by Md. Nawab Ali, Advocate-on-Record — For Respondent Nos. 1-4, 6, 10-14. Not represented—Respondent Nos. 5, 7, 9 & 15. Civil Petition for Leave to Appeal No. 200 of 1995. (From the Judgment and order, dated 1 December 1994 passed......approached the High Court Division with an application marked as Civil Revision No. 169 of 1989 Sylhet/626 of 1990 Dhaka under section 115 of the Code of Civil Procedure and obtained a Rule therein calling in question the validity of the order. A learned Single Judge of the said court; by ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....re is no provision in the said Act for taking fresh evidence or materials at the appellate stage is not correct. Mr. Rafiqul Huq has cited a number of decisions from the Indian Jurisdiction on the power of the (Indian) Appellate Assistant Commissioner, even in cases of best judgment assessment u......pplication Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act, 1922, hereinafter referred to as the said Act. 2. The short facts for disposal of these appeals tie that, the appellant......to answer those questions. 9. We have no hesitation to give a finding at once that the last conclusion of the High Court Division is factually incorrect, inherently contradictory and theoretically untenable. It is not correct to say that the Tribunal did not consider the Circular and its ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....ted 10-8-94 is the sheet anchor of the appellants’ case. In the Memo, the subject matter is mentioned to be the Services (Pay and Allowances), Order 1977. The Government in 1 exercise of its power conferred by section 5 of Act XXXII of 1975 passed the Services (Grades, Pay and Allowances) ......J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others…………………&helli......xamination. The posts of Preventive Officers and Appraisers are separate posts and the two have never been amalgamated. The appellants who were Preventive Officers did not become Appraisers automatically simply because of amalgamation of pay scale. They acquired the capability of promotion after ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....ara 1208 that where damages have been assessed by a jury the position is different from that where damages have been assessed by a judge. Subject to two exceptions the Court of Appeal itself has no power to reduce or increase the award of damages because this would involve an invasion of the jury......hellip;…Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21st, 1996. Cases Referred to- Overseas Tankship (UK) Ltd. vs. Morts Dock and Engineering Co. Ltd Wagon Mound (1961) AC...... Neither is it sufficient to show that one item of damages is wholly erroneous if it cannot be shown that the total award is wholly erroneous, but if the appellate Court thinks the damages are radically wrong it ought to interfere even though the error cannot be pinpointed. Similar principles wi......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... the material on record is in the fact the manner in which a court of appeal disposes of an appeal. The learned Judges of the High Court Division exceeded their jurisdiction white exercising their power under certiorari to interfere with the judgment of an inferior tribunal. 7. It is also......ellip;……………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khan...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....haka. 2. The petitioner, an accused of the aforesaid Sessions case, challenged the Notification in Writ Petition No. 2032 of 1997 mainly on two grounds, namely, that the Government lacks any power to hold the sitting of a particular criminal case at a particular place forsaking the usual ......espondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Att......inues to remain the place of sitting of the Court of Sessions and the new place indicated in the special order is meant for trial of only that case or class of cases which the special order specifically provides. 10. Therefore, without subscribing to the reason or lack of them in the judg......97 from which the accused-petitioner has preferred this petition for leave f to appeal. 3. Mr. Khan Saifur Rahman, learned Counsel for the accused-petitioner, justifiably argues that without meeting the points raised by the accused-petitioner the High Court Division has disposed of the ap..Category: Constitutional Law | Date: | Hits: 179
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