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Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the record of the earlier Title Sui......its that the present suit w filed praying for a declaration that judgment and decree obtained in Title Suit No. 21 of 1968 is not binding upon the plaintiff but the record of that suit has not been called for and for the purpose finding whether the summons and notice of earlier suit have been ser......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no......the death of Asia accused party tried to hush up the matter which was evident from the evidence of PW 2 Siddique Hossain of a local deed writer. Defence did not challenge his testimony that he was called to write a deed of sale in respect of 15 decimals of land in favour of the sons of the decea......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....nbsp; Md. Gholam Rabbani J.- In the absence of the opposite parties Civil Revision No. 4192 of 1997 was disposed of by the High Court Division making the Rule absolute. 2. Thereafter absentee-opposite parties filed an application under sec...... the learned Single Judge of the High Court Division failed to record his satisfaction about the reason for the absence of the learned Advocate for the opposite parties when the civil revision was called on for hearing. The first ground is too technical to deny the absentee opposite parties from......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....are holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9) Lawyers I...... been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualified approval to the appointment of respondent No. 3 as Managing Director the respondent No. 3 called a general meeting of the share holders at the company’s farm at Savar to discuss the p......iolation of the Companies Act. The accounts of the company had not been audited to the share holders for the aforesaid years. The company had not submitted the audited balance sheet and profit and loss account since 1998 and statutory returns since 1990 to the Registrar of Joint Stock Companies...Category: Business or Commercial Law | Date: | Hits: 95
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... The Code of Civil Procedure 1908 (V of 1908), Order XXXIX rules 1 & 2 The Bank Companies Act 1991 (XIV of 1991), Section 46 A person who is aware of an order of the Court is bound to obey the same even though he was not a party...... section 46 of the Bank Companies Act, 1991. This section provides that where Bangladesh Bank is satisfied that it is necessary to remove the Chairman, Director or Chief Executive by whatever name called, of a Banking company in the public interest or to prevent the affairs of a Banking company ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....llegation made by the Assistant Manager, Security, Bangladesh Biman that valuable Bank securities were stolen from the strong room of the cargo godown of theirs, the Cantonment police arrested 6 persons including the petitioner and recovered travellers cheque valued US dollars 5,93,000.00 equival......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......ppeal before us. 6. It has been argued that the criminal case started against the petitioner and others has been pending for long and the petitioner is suffering huge financial loss on account of rent for the premises, salary of staff, etc. on account of the order of suspens..Category: Business or Commercial Law | Date: | Hits: 83
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
.... AM Mahmudur Rahman J.- This petition for leave to appeal by plaintiff-petitioner is from the judgment and order of the High Court Division passed in Civil Revision No. 2786 of 1996 making the Rule absolute. 2. Plaintiff filed Other Suit No. 53 of 1996 for declaration and permanent injunction sta......re in a suit an application under Order 7 rule 11 is filed for rejecting the plaint on the ground that the averments made in the plaint do not disclose a cause of action for the suit the Court is not called upon to decide the suit on merit on taking evidence as submitted by the learned Advocate. It ......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ..Category: Civil Law | Date: | Hits: 105
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ondent Shahjahan under section 302 of the Penal Code and sentencing him to death and convicting the other accused under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 2000.00 in default to suffer RI for 3 months more. ......sed Mahfuzul Islam alias Rafiz along with his brother PW 7 Saiful Islam were going to catch fish in a pond by the side of their house. At that time accused Shahjahan of the neighbouring house called Mahfuz and took him to his house on the plea that he was being called by accused Akbar who w......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....e Code of Criminal Procedure, 1898 (V of 1898), Sections 236, 237, 238 & 337 The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no cha...... sustainable…………….(19) Expunging Adverse Remarks Adverse remarks being extraneous to the merit of the appeals were not called for in facts of the case, such remarks are expunged……………&...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
...."Sirajul Alam", whereas the respondent's name is "Mirajul Alam". Subsequently, the respondent's father was supplied with a duplicate copy of the said Memo. and from an internal source of the Board the respondent's father came to know that the Head Examiner had sent a report t......ation in respect of question answer Nos. 5 and 7 by making "o" into "1" and "8" into '9' respectively in violation of Examination Rules. Therefore the Board Authority called for his explanation and the Examination Committee of the Board by its resolution dated 16.1.......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....other of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Shusila Bala Chose is alive. As Gopal Chose could not claim any interest in dio estate ......nd of Khenta Bewa, and denied the absolute character of Khenta Bewa's tide. Therefore, his claim is not through Khenta Bewa, the testatrix, but adverse to her. In the circumstances he cannot be called a caveator under section 284 of the Succession Act, and has got no locus standi to enter in...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....e High Court Division observed in their judgment as follows: "There is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......nt of restitution is not discretionary with the court, but law imposes an obligation on the party who gets the benefit of a varied or reversed decree to make restitution to the other party for his loss. 7. Mr. ABM Nurul Islam, learned Advocate appearing for the plaintiff‑respondent,..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
.... Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Civil Revision No. 58 of 1988 (Jessore). Judgment: ......ey never directed the plaintiff to face a Medical Board. The trial Court also found beyond any reasonable doubt that the plaintiff was actually carrying on some business at the time of his so‑called illness. His recorded address in the department was village Sowal Bathan. Post Office Bagar......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....yees insulted a Senior Officer and a Staff of the former Civil Aviation Department which was duly reported to the Chairman without any result. On the 19th February, 1987 they again started assaulting some deputationist officials on duty which incident infuriated the deputationists who went on a stri......, in the words of VR Krishna Iyer, J in the case of State of Punjab vs. Gurdial Singh, AIR 1980 (SC) 319 is as follows: "Pithily put, bad faith which invalidates the exercise of power‑sometimes called colourable exercise or fraud on power and often‑times overlaps motives, passions and satisf......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....‘Elahi Paneer Vs. Bangladesh, 44 DLR (AD) 319. Â Special Reference No.1 of 1995 (Under Article 106 of the Constitution)Â Opinion: ATM Afzal CJ. - This is a Reference, first of its kind and somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bang......e of a person to remain a member of the Parliament and nobody has said that this matter has been a part of the "formal transaction of business" of the parliament at the moment in order that it can be called an "internal proceeding" of the House. Hamoodur Rahman CJ was considering a provision akin to......nt it is enough to say that to uphold the contention of Mr. Asrarul Hossain would be to render Article 67(1) (b) a dead letter which as a rule the Court will never accept. 67. We are plainly at a loss to appreciate the argument, particularly of Mr. TH Khan why the physical absence of the members..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....day, the plaintiff informed of the occurrence to the appellant by a letter dated 13.10.90 and requested the appellant to survey the damages and pay the compensation. On 14.10.90 the appellant sent some claim forms which the plaintiff duly filled in and deposited to the appellant on 25.10.90. Off......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......ned 4 witnesses. Both sides brought on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the fire policy and the fact of fire and resulting loss to the plaintiff are not disputed matters. The survey report was not challenged by the appella..Category: Business or Commercial Law | Date: | Hits: 114
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....) (1995) 92 ......ried Velua Khatun. After two months of the marriage one day he found his bed wet. He interrogated his wife and carne to believe that she had illicit relationship with Seraj. On the following day he called a Salish which was attended by deceased's elder brother, maternal uncle Nadir Hossain, the ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....ection 6(l) of the Bangladesh Oil, Gas and Minerals Corporation Ordinance, 1985 (Ordinance No.XXI of 1985). On 3 December 1989 the appellant made an application to the President of Bangladesh for absorption/ appointment as a permanent employee of the Corporation. He was absorbed/ appointed "......Order an ex‑officer of the Defence Services, who is holding any post or office as Chairman, member, director, including managing director, or trustee of the governing body, by whatever name called of any local authority shall, subject to the other provisions of this Order, be deemed to......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ion and after liberation his where about was not known and the case property vested in the Government as abandoned property under President's Order No. 16 of 1972 and the same had been under the absolute control, management and supervision of the Government through different allottees. The appel......ate of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has ken called in question in any manner whatsoever or any prayer has been made for return, restoration ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nt‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was ......nt's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were published in the Bangladesh Gazette Extra on 12.11.80. Hereinafter called the said Rules. Rule 59 thereof provides that "an Officer or employee on whom punishme......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
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