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Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ticle 103 (2) (a) of the Constitution is granted” 2. In his application the appellant prayed before the High Court Division for a declaration that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India signed on the 16th day......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....l took cognizance, however, contains the following statement:- "The story of the case in brief is that on 3-8-72 at 2.00 hrs. I being complt. submitted suo motu case under order of Government against accused in col. 3 as candidate filed their nomination papers on 20-10-71 as can......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....nister; and in the manner provided in clause (7) of the Provisional Constitution Order. 6. Learned Counsel submitted that while the Proclamation envisaged a Presidential system of Government, by promulgating the Provisional Constituent Order the President designated by......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....taying the suit under section 14 the second defendant ought to have been held to have joined in the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....on bail" "16. (1) A person convicted of any offence by a Special Tribunal or a Special Magistrate may appeal to the High Court Division of the Supreme Court. (2) The Government may direct a Public Prosecutor to present an appeal to the High Court Division fro...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......har with the Bogra Police Station within an hour, whereupon the prosecution case started. The Investigation Officer, after examining witnesses and considering the report of autopsy held on the dead body of Kafi, sent up seven persons including these three accused‑respondents for trial on ch..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....om the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1993 of the High Court Divisio......vires. What then is required to make it intra‑vires? 71. Lord Macnaghten said in Westminster Corporation Vs. London and North Western Railway, 1905 AC 426: "It is well settled that a public body invested with statutory powers such as those conferred upon the Corporation must take care not ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
...., claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill u......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally cancelled the plaintiffs settlement on 18.9.72 on the allegation that he is a Government Servant and so he is not entitled to get any settlement of enemy property. But the plai......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......e of the Second Party, the employer, the Labour Court ought to have examined at least the employee's papers to see whether the case was proved. This is the irreducible minimum of care an adjudicating body is required to take before deciding any matter. 5. The appellant contends that from a mere p..Category: Labour and Industrial Law | Date: | Hits: 103
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....ant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Su......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry".‑I......y coupled with a rider that the said definition would not apply if the context otherwise requires. The omission of the above phrase, would therefore mean that it would not be ordinarily open to anybody to contend that the term dowry should be interpreted in a manner other than mentioned in secti..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....l from Original Order (Award) No. 224 of 1990). Judgment: Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is wheth......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-respondent Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....der passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent No. 1 as petitioner filed an application under Article 102(1)(a)(i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver ......09; General argued that no deed of transfer having b en executed, no right was conferred on the former owners, for claiming restoration, does not hold good because the well settled principle is, nobody is entitled to take benefit of his own wrong. The decision on agreement has been taken that th..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....n of a regular Managing Committee of the Staff Welfare High School in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated t......ntonment area under the then Ministry of Defence for imparting education to the wards of the employees of the Civil Aviation Department which was under the Ministry of Defence since 1947 and is not a body corporate, Most of the students residing therein are the wards and dependents of the employees ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....mbers had fallen vacant owing to their failure to take oath within the prescribed period and a fresh election should be held for those offices. 3. It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ord......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....uracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whether the sanction for the prosecution was granted by the Government was allowed to be raised for the first time in the Supreme Court. The new plea need to be......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....oresaid order of conviction and sentence. An allegation of malafide was raised in the writ petition stating that respondent No. 4 of whose behalf the FIR was lodged was a very high official of the Government and he had exercised undue influence in bringing about the reversal of the order of the ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
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