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Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Cour......profits he gave an undated cheque for Taka 5,00,000.00 in favour of appellant No. 1 giving out that there was an arbitration proceeding between the company and the Power Development Board on determination of which he expected to finalise the accounts and make all payments. Appellant No. 1 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......hem and the teachers of nationalised schools, because in the latter case the rule for absorption is that they would be given same or analogous post whereas in the case of teachers of colleges this principle was not adhered to and a mode of counting the service in the college concerned only was a......;………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&helli......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......ision upon taking into consideration of such clear finding of facts of the Court of Settlement refused rightly to interfere with the judgment of that court upon a correct appreciation of the legal principle that the High Court Division in exercise of its writ jurisdiction cannot Sit as a Court o...... Mahbub Hossain, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Civil Petition for Leave to Appeal No. 129 of 1994 (From the judgment and order dated 20.2.94 passed by the......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ...... rate there is no want of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not entertainable. The High Court Division further held that the pe...... Lawyers Involved: Md. Abdul Aziz, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented— Respondents. Civil Petition for Leave to Appeal No. 552 of 1995, (From the Judgment and order dated 1.8.95 passed by the......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......e also the impugned order was passed without giving an opportunity to the informant to refute the allegations which he asserts are totally false, High Court Division unwittingly transgressed basic principle of adjudication ‘hear the order side’. The appeal is allowed and the impugned...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Khalequzzaman (Md)…………………………………...Informant-Appellate vs. Md. Illias and others ……………......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......ty and security of their lives. The other main contention was that the impugned action was taken without any notice to them and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ petitions that they had ......3 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......ct dated 26.7.89 was purely a commercial contract, the alleged illegal cancellation of which would be remedied by arbitration as provided in the agreement itself or by a suit for damages, whether the principle of natural justice was applicable to a contract of this nature and whether a show cause no...... (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to and as......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohibits granting of partial pre-emption. 2. Mater......ivil Revision No. 66 of 1988 (Sylhet). Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan Law. The only question for consideration in this appeal is wh......titled to get pre-emption in respect of the land only inasmuch as partial pre-emption of the property transferred is prohibited under the Mohammedan Law, the learned Judge formulated the point for determination thus whether the semi-pucca structures standing on the suit land should be deemed to ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......to do so. It is no doubt a discretionary power of the Court as to when a receiver may be appointed in respect of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property must show......uddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge of the High Court Division appointing a receiver for the suit properties in pending Civil Revision No. 366 of 1992. 2. The appellants institu...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......d: M I Farooqui, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civil Petition for leave to Appeal No. 95 of 1991. (From the judgment and order dated 31st October, 1...... give a direction for release of the property. 6. The High Court Division committed no illegality in refusing to give direction for release, for, the judgment says, “it requires determination as to whether the property in question is an abandoned property or not”. This c..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the Hi......he house in June 1974, the respondents shifted to their present address and had been living there since then with the members of their families. 3. Their mother filed an application before the Secretary, Ministry of Works on 6.8.1974 for releasing the property to her but without any...... no other reason did not at all act legally and properly in interfering with the findings of fact made by the Court of Settlement. The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6....... even without express words to that effect, retrospective effect may be given to an amending law, if the new law manifests such a necessary intendment. With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason agains...... in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by Act N......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......mmercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsif Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against......t held that this letter cannot be the foundation of treating the property as an abandoned property when no survey report or list of abandoned property or any paper was filed to show that there was determination that the property was an abandoned property. Mr. TH Khan submits that the High Court ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......d by the learned Advocate for the appellant has no substance. 12. The next point as raised by the learned Advocate, as has been already noticed, is to the effect that the presumption and the principles relating to Hindu joint family cannot be made applicable in the case of members of a Mus......decree of the Subordinate Judge, Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka' Kha' 'Ga' 'Gha' 'Uma' Cha' 'C......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......aw involved in the case. 10. The impression which I have gathered from the reading of the judgment delivered by the learned Special Judge impels me to refer to the preliminary and important principles of law required to be kept in mind by the lower judiciary while administering justice in......ry day, namely, 29.2.64, at about 6 PM the trap party arrived at Tongi where they found Omar Ali on their advice to make the payment to the accused when demanded. It alleged that Omar Ali searched for the accused Taru Mian but could not find him. He of course found the accused Abdul Gani sitting......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... a discussion of the question of onus, because the whole of the evidence in the case is before the court and it has no difficulty in arriving at a conclusion in respect thereof. In the light of the principle of law enunciated in the aforesaid case it appears to me the entire evidence on both sid......p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the sched......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... 141; Gajachar Ladha vs. Khas Mahatab Colliery Co. and ors AIR 1959 Patna 562. Since I have already taken the view that the contention fails on facts, I do not consider it necessary to discuss the principles laid down therein. In the end, it may incidentally be mentioned that the defendant No. 2......dar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim ...... before different forms. He cannot now be heard to say that the question of his title to the properties in suit need not be, or should not be gone into. Once the question of his title comes in for determination, the plaintiff of necessity shall have to amend the plaint, praying for declaration o..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... individual, was required to be shown as a member of an undivided family, on the basis of some material. This, however, was not available at all in this case and the Income-tax Officer relied on a principle that every member of a Hindu undivided family belonging to Dayabhaga School was to be pre......ssion and separate enjoyment of agricultural income in definite shares by the members, separate residence, separate funds, the Hindu undivided family has ceased to exist, as such, and can claim for separate assessment of Agricultural Income under section 30 of the Act." 2. T......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......e prima facie case in respect of his title and possession in the disputed properties and so the appellate Court rightly refused to grant temporary injunction in his favour. 7. It is settled principle of law that to obtain temporary injunction a party has to clearly prove prima facie case ......p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Ad......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......m of a big navigable river has all along been recognised to mean appropriate boundary or territorial demarcation of various respective zones or areas. There are clear authorities to show that this principle should be adopted by the Government in deciding boundaries of zones or areas under any sy......on 60 of Survey Act filed by Hajee Jalal Ahmed and others against the order of the ADC (Rev), Bakarganj in the matter of boundary demarcation and settlement case records received with your memo No. forwarded to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the orde......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
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