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Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......;For the Petitioner. Md. Nawab Ali, Advocate-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 394 of 1996 (From the Judgment and order dated 31-01-1......pondent No. 2. 4. In that view of the matter the learned Company Judge allowed the application for rectification of the share of Nur Mohammad. The matter was decided on factual determination by the Company Judge. The application for rectification of share of the respondent w..Category: Business or Commercial Law | Date: | Hits: 97
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......de the said order of the trial Court. 6. Leave was granted to consider whether the learned Judge of the High Court Division upon correct appraisal of the material facts and the principles of law applicable to amendment of plaint was justified in interfering with the order of ...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ...... under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required ......Senior Advocate with him), instructed by Ataur Rahman Khan, Advocate Record—For the Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-......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
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......effect from 5- 8-74 in the post of Assistant Commissioner of Taxes and from 31-10-77 in the post of Deputy Commissioner of Taxes. The National Board of Revenue by its memo dated 25-3-90 agreeing on principle to consider the case of respondent No. 1 sent it to the Public Service Commission for th......980 (VII of 1981), Section 4(2) The National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for the purpose of granting antedated seniority so the question of filling an appeal to higher admi......Haque Miah is not entitled to the relief as prayed for. The order dated 29-7-91 was made on the basis of the recommendation made by a Sub-Committee constituted by the National Board of Revenue for determination of seniority of the officers of Bangladesh Civil Service (Taxation Cadre). Hence the ..Category: Administrative Law | Date: | Hits: 93
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and before making such observations and giving such directions the learned Judges of the High Court Division illegally in not giving any notice to the appellants which is a gross violation of the principle natural justice and consequently, the should be expunged and direction to take are liable......e 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 charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h...... 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
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ness during Test Identification Parade recognised the accused as the assailant of the deceased and, as such, the learned Judges did not exercise their judicial discretion in accordance with settled principle of law as enunciated under section 497 of the Code of Criminal Procedure. ......n of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………&hel......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......f power by the Commission itself to its Chairman or to any of its members to carry on the functions under this Order. Syed Ishtiaq Ahmed also cited some decisions from where he wanted to argue the principle of coram non judice. He cited three decisions for our consideration- (1) In t...... Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment &nbs......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......uty Inspector General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional protection available to the respondent and relying on the principle of law enunciated in 44 DLR (AD) 104 (Jamuna Oil Company Limited and another vs. SK Dey a......al instructed by Mvi Md Wahidullah, Advocate-on-Record For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 498 of 1996 (From the judgment and order dated 14-7-19......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
....ord and after due consideration ought to have finally disposed of the case without sending the case on remand and the remand order has been passed on a total non‑application of the principle of law guiding remand in such case. Leave was also granted to consider whether on the face of concurrent fi......e evidence on record and after due consideration ought to have finally disposed of the case without sending the case on remand and the remand order has been passed on a total non‑application of the principle of law guiding remand in such case. Leave was also granted to consider whether on the face......n the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand………………………………………..(7)
Lawyers Involved:
Nazrul Islam Ch......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
..
Category: Property Law | Date: | Hits: 46
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......nance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government finally decides the matter under section 7A. And in this case the fin......d and considered. There is nothing before us to show that the respondents pressed their appeal also on the merit. It was decided only on the ground of limitation which was taken as the only point for determination. Respondents have been negligent in not taking any step in this appeal before us for r..Category: Administrative Law | Date: | Hits: 111
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......dent No. 1 himself admitted at least one of the charges leveled against him. The learned Advocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding......ministrative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from s......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....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......nt except the secret report of the Enquiry Committee which the appellant had no occasion to controvert the order of retirement cannot be justified as to have been passed in the public interest on the principles laid down in the said case. In any event the exercise of authority on the basis of the se......r in the Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, Civil Aviation Authority of Bangladesh, by abolishing the Departmen......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)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......e for about nine years by the freedom loving people of Bangladesh spearheaded by the main political parties for restoration of democracy and governance Of the country adhering to democratic norms and principles, as opposed to autocratic rule, at last met with success and a general election was held ......he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee......f the issue to a co‑ordinate political department; or A lack of judicially discoverable and manageable standards for resolving it; or The impossibility of deciding without an initial policy determination of a kind clearly for non‑judicial discretion; or The impossibility of a Court u..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....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 ...... the one provided under Article 86 of the First Schedule to the Limitation Act and was therefore void under section 23 or 28 or both of the Contract Act or not. A series of decisions laid down the principle, starting from the case of Baroda Spinning and Weaving Co. Lid. Vs. Satynarayan Marine an......cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......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 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....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 ...... of the said order of absorption/ appointment of the petitioner by the same authority by the subsequent order cannot be said to have been passed without any lawful authority or in violation of the principle of natural justice." 9. It appears that because of the alternative submission...... On 18 December 1988 he was appointed as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas......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
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....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 ......ranted to consider the appellant's submission that there being a clear assertion in the affidavit‑ in ‑opposition that the enquiry proceedings were conducted in full compliance with the principle of natural justice and the respondent having not filed any affidavit‑in ‑repl...... proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard before the Enquiry Officer in person. The respondent submitted a reply to the charge‑sheet on 1......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
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... subject namely, the legal requirements of valid grounds in a case of detention, speaking with respect, betrays not only a lack of proper appreciation of the law in the matter but even of the general principles of construction of document. It is true that the grounds must not be vague or indefinite ......ment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... discretion will be exercised has been specifically indicated in section 22 (11) itself. It provides that the discretion of the Court is not arbitrary, but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The Indian Supreme Court, in Salyanaraya......vision dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circum......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......n take effect out of the usufruct, leaving the ownership of the corpus unaffected except to the extent to which its enjoyment is postponed for duration of the limited interest." Keeping this principle in view, which is still undisturbed in the Sub‑continent, let us look at Ext. 1, the all......ift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......assed on a petition moved by respondent No. 4 and without asking the appellants to show cause why the said order dated 8.8.84 should not be revoked. The order therefore has been passed against the principle of natural justice. 7. Mr. AW Bhuiyan, learned Additional Attorney General appeari......tly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
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