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Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......p;…………………… Petitioner Vs. Abdur Rahim and 4 others………………….. Respondents ......act of value of Taka 13,60,000.00 for piping and ducting work at the same site. At that time respondent No. 1 was a clerk in the petitioner’s company and was entrusted with dominion over the property of the company at BTV Auditorium construction work site. Respondent Nos. 3, 4 and 5 are th......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....reason for acceptance of accounts of the subsequent years was intimated to the DCT. The DCT informed me (the Appellate Joint Commissioner of Taxes) that the assessment for subsequent years were completed after the NBR instruction under No. 1(3)-M (T&N)/NBR/88 dated 2-8-80 had been issued......r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-......posal of these appeals tie that, the appellant company, incorporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooper......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
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......Supreme Court Appellate Division (Criminal) ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners &n......r withdrawal and, as such, the accused persons have no right to file an application for withdrawal under section 494 of the Code of Criminal Procedure. Apart from this the Tribunal after recording proper reasons have refused to accord consent for withdrawal of the case and, as such, no lawful gr...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m......irable and has a corroding effect on the administration of justice itself. For the present purpose, we would only say that some unacceptable principles have been laid down and there has not been a proper disposal of the appeal at all. We therefore propose to make an order of remand and not indul......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......97) 132 ......ithout deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......ppellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Md. Abdur Rouf J
Md. Ismailuddin Sarker J
Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others …………......itled to get a notice before sealing of their Mills. If the action was taken for preventing smuggling then no licence should have been given at all, or, if already given, they could be cancelled with proper notice. In any view of the matter, the petitioners have been found to have taken the actions ......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......he Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......ure materials and the facts and circumstances of the on her and also on her two unmarried daughters case., the High Court Division failed to exercise which would be intensified and prolonged. In such proper discretion in allowing the respondent to be circumstance she was taken to the Magistrate on e......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....ate for stopping investigation under sub-section (5) of section 167 Cr. P. C. and releasing them under sub-section (7) thereof stating, inter alia , that the investigation of the case could not be completed during the specified time or the extended time. The concerned Magistrate by his order da...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. Sta......een submitted implicating them in the case. Moreover, they are being harassed unnecessarily for the last few years under the lame excuse that the prosecution has been waiting for sanction from the proper authority. 3. The proviso to sub-section (5) of section 167 Cr. P. C. provides...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......d in: 49 DLR (AD) (1997) 109. ......claimed promotion as a matter of right in respect of officers of category and was aggrieved by his placement as Grade-V Senior Officer carrying the new scale of pay of Taka 425-1275.00 instead of his proper scale of pay of Taka 1400-2225. He claimed that he sustained a loss of Taka 3.67.039, 86 due ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... question and therefore very much a party to the document. The kabala, as the facts indicate, is not certainly void but voidable. In order to remove the impediment in the way of the plaintiffs to get complete relief along with the declaration the plaintiffs needed to make a prayer for cancellation o......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob……………....... It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consideration after completion of the pending requisition case in respect of the property and till then the defendant would pay rent at the rate of Tab 40.00 per month as before. In...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......l J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others……………………………&......st money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the property devolved on his three sons. One of the sons, namely, defendant No. 1-Rupendra Bikash Chowd...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division was wrong in its view that registration of a separate agreement for reconveyance was not necessary to bring an out and out sale with an agreement to reconvey within the meaning of complete usufructuary mortgage. 4. Section 95 and 95A of the State Acquisition and Tenancy ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 C......ll during the whole year of 1997 and therefore, there is no urgent necessity for an order of injunction as prayed for. We do not think that the High Court Division failed to exercise its discretion properly in refusing the prayer for ad-interim injunction in the facts of the case. Last but not t...... as prayed for inasmuch as the interim relief prayed for is ancillary to and in aid of the principal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by the High Court Division. Mr. Ahmed has been fair enough to submit that no legal ri..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....was not reversed by the appellate Court. In such a case when the plaintiff after getting into possession retains the same with clean animus that he has become the absolute owner of the property in complete negation of any right or title of the true owner thereof i.e. defendant No. 2, his e......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acquisition and Tenancy Act, 1950 from the proper authority. He then put him in possession of the suit land on the same day. Since then the pl......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&......rees.—(1) A Family Court shall pass a decree in such form and manner, and shall enter its particulars in such register of decrees as may be prescribed. (2) If any money is paid, or any property delivered, in the presence of the Court in satisfaction of the decree, it shall enter t...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......ry J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ......e. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substance in the submission ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....e past and closed before 3-8-1972 are not amenable to the operation of President’s Order No. 88 of 1972. It is, therefore, clear that respondent No. 4 could not claim redemption of the complete usufructuary mortgage as contemplated under section 95A of the State Acquisition and Tenan...... Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ...... Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent ......s expressly provided therein. 5. It has been held by this Division in a number of cases that Administrative Tribunal has, no doubt, all the trappings of a court but it is not a Court proper, which exercises all the judicial powers of the Court provided under the Code of Civil Proce......g service matters and in view of the provision of section 4 and 6 of the Administrative Tribunal Act 1980 has an inherent authority to grant such stay of the order complained against, pending final adjudication in the matter. 4. The submission of the learned Advocate does not hold go..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ediate and Secondary Education Ordinance, 1961 I hold that the school is a local authority……….”. 10. It will be seen from the above that the learned Judge completely missed that ‘other body or authority’, to mean and to be included in the def......; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 ......ion that the appellant was holding the office of Chairman of the Union Parishad without any lawful authority was enough. Such a declaration having actually been made the order as above was neither proper nor called for. 6. Leave was granted to consider the submission that the ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....n opportunity to fill up the gaps in the case. 17. The learned Deputy Attorney-General submitted that an order of re-trial, even at this stage by this Division, would serve the ends of complete justice in the facts of this case of a deliberate and calculated murder. Perhaps we would ...... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For ...... was started 8 years back and the respondents were in custody from the date of judgment of the learned Sessions Judge i.e. from 13-9-86, for about 4 years. It was also observed that it would not be proper to send the case back for re-trial because it would lead to harassment of the respondents wh......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
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