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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St......t No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court perm...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....etween 29 and 30 April, 1991 to aircrafts of BAF & vessels of BN, a Court of Enquiry held a detailed enquiry. It found lack of adequate precautionary measures and fixed up responsibilities. To complete the enquiry in respect of the Chief of Air Staff and the Chief of Naval Staff, a Commissio......o basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......llip;……………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgment ...... The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service prior to dismissal……………&helli......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..Category: Administrative Law | Date: | Hits: 144
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......y Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the High Court Division in Criminal Appeal No. 149 of 1998). ......inuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms were recovered from the possession of the petitioner. The learned Judges did not think it proper to release the petitioner on bail in a pending case where trial is continuing. 3. Mr.......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........to justify this bizarre conclusion. He was unable to do so. So our conclusion is that neither section 302 nor section 149 of the Penal Code has been discarded by the High Court Division upon giving proper legal reasons. The conviction under those sections has been set aside purely on whims and c......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....ision can suo motu transfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: ......upreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......on has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ......is a public purpose…….. If the purpose serves some public use or interest as opposed to the particular interest of an individual the purpose is public………………..(10) (ii) Once a property has been validly acquired for a public purpose and vested the same in the requiring body an......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....88 no license would be given to the new trawlers imported by a businessman and consequently respondent No.1 was not given license as per the decision of the Government as respondent No.1 failed to complete the project before the new policy of the Government. The project though approved in 1978-7......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. &......een approved by the Investment Board earlier, the subsequent decision taken by the Government in the meeting of 1-8-94 to cancel the approval given earlier does not appear to be based on sound and proper reasoning. 6. Strictly speaking, the question of promissory estoppel may not arise i...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ovides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay compensation not exceeding taka one lac for loss of life, injury to person and property and in case of damage to any other vessel and the same being realisable as a decree of civ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....ound that he is an old man. 5. Mr. Abdus Sobhan, learned Advocate appearing for the other two accused- petitioners in Criminal Petition No. 108 of 1997 argues that the trial having not been completed within the prescribed time as granted under Ordinance XIII of 1987 the conviction and sen...... Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and others …………...Petitioners Vs. State …&helli......nbsp; February 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....Single Judge of the High Court Division misconceived the pleading and the implication of Order 6, rule 7 of the Code of Civil Procedure in arriving at his conclusion that the plaintiff had given a complete go by to his plaint case at the time of hearing and introduced a new case without amending...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12...... land on the basis of settlement in his favour during his minority by his father. The High Court Division also found the farog inadmissible inasmuch as the plaintiff laid his personal claim to the property on the basis of the same contradicting the plaint statement that the farog was obtained by......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ......s of the trial Court. 5. Mr. Md. Nurul Huq, learned Advocate for the defendant-petitioner, submits that the lower appellate Court set aside the judgment and decree of the trial Court after proper discussion of both oral and documentary evidence on record and after giving cogent reasons b......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ......rder of injunction passed by the trial Court has been stayed by us. Further the High Court Division has not assigned any reason for imposing a heavy cost of Taka 3,000.00. We think it was not quite proper to award such a big amount as cost, particularly, when it was an ex parte hearing. That part...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho...... It appears to us the main object of the writ petitioners was to obtain enhanced rate of compensation securing fresh notices. The order of the Ministry (Annexure-D) therefore appears to be just and proper. In our opinion, the learned Judges of the High Court Division have fallen into an error of......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......bsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of...... question as to whether the interpretation given by the High court, Division on Order 39 rule 7 CPC is correct or not we are of the view that in the facts of the present case it will not be fit and proper to allow an inspection when the plaintiffs admittedly obtained possession of the unit in 19......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....000 shares are held by the remaining five directors. At a Board Meeting held on 26-5-92 respondent No.2 (the present petitioner), the Managing Director of the company, was authorised to purchase a complete set of imported machineries in packed condition from the aforesaid proprietorship concern ...... Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment ......0 shares to three persons including himself. Respondent No.2 made the false vendor’s agreement for his personal benefit. He continued to treat the private limited company as his own absolute property and ignored the interest of the petitioners and other shareholders. The company made a hug...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......, the contention of the learned Advocate for the appellants must succeed. The question that there was no guide-line for fixing tariff value under section 25 of the Customs Act could be decided in a proper case. For the above reasons, all these appeals are allowed without any order as to c......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......xemption from payment of sales tax and development surcharge for the said machineries under SRO dated 25-7-1990 upon furnishing a certificate as required and prescribed under the said SRO from the proper authority of the Board of Investment. It is important to remember that the condition for ava......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi...... learned Advocate appearing for the petitioner, submits that the petitioner in exercise of its legal authority, under the Regulations, 1979 dismissed the writ petitioner from service after giving him proper opportunity in accordance with law, which also got the approval of the Board in due course un......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31...Category: Employment/Service Law | Date: | Hits: 79
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