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Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the petitioner’s application for direction and clarification and/or modification of the learned predecessor Company Judge’s order dated 21-8-97 in Company Matter No.52 of 1995. 2. Responden......dent No.2 failed to turn up. Again notices were issued on 15-4-95 fixing 30-4-95 for Board Meeting but respondent No.2 again failed to attend. Thereafter the petitioners and respondent Nos.5 and 6 called an extraordinary general meeting on 16-5-95 by issuing notices on 2-5-95 and in the said mee...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....as, however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 praying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in b...... however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 praying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in betw......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....k. 57.00 which was subsequently raised to Tk. 400.00 per month and that he has been paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of the disputed stalls,......itioner claiming himself as a lessee under the Bangladesh Fisheries Development Corporation, briefly BFDC, in respect of the fish selling stalls at 244/245. Mirpur Shah Ali Government Market, Dhaka called in question in the said writ petition the propriety of the orders dated 20-6-90 and 6 Annexu...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....rised to see the Member (Operations) Board of Investment (No. 4) among them) is from judgment and order dated 12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical example of w......12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical example of what may be called, bureaucratic foolhardiness which is often complained of as a disincentive for the would-be ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....siruddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......defendant No.1. But while leaving the spot he threatened that he will possess the suit land by any means. These activities on the part of defendant No.1 have caused breach of peace and irreparable loss to the plaintiff. Hence the suit. 3. Defendant No.1 appeared and contested the suit b..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....98) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular......d. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discretion in the facts and circumstances of a particular case&hell......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....of court. In view of tendering of an unconditional apology and throwing himself to the mercy of the Honourable court and considering his inexperience as a young Deputy Commissioner sentence of imprisonment and fine imposed on the contemner by the High Court Division was set aside by censuring hi......the beginning in making the impugned report in particular against the Judicial Officers specially when his appeal against his own conviction was pending and he was not also well advised when he was called upon to show cause for his discourteous and objectionable remarks made against the Judicial ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....after called the company took certain project loan from respondent No. 4 Pubali Bank Ltd. The leave petitioners, namely, Mohammad Yaqub and Habibur Rahman both Directors of the said Bank furnished personal guarantee for payment thereof. Pubali Bank issued notices on 20 August 1995 under section 17(1......0 May 1999 and 19 July 1999 passed by the High Court Division in Writ Petition Nos. 3388 and 3724 of 1998). Judgment Bimalendu Bikash Roy Choudhury J.- Chandra Spinning Mills Ltd. hereinafter called the company took certain project loan from respondent No. 4 Pubali Bank Ltd. The leave petiti......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....; Latifur Rahman CJ.- This appeal by the Government of Bangladesh by leave is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for disposal o......DLR (AD) 199 and wrongly holding that duty is to be paid on the tariff value prevalent on the date of issuance of the letter of credit. 9. As the matter has been agitated before us we are called upon to decide the ratio decidendi of 48 DLR (AD) 199 wherein Abdul Hannan’s case o......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....ternoon of 26-10-1992 and met victim Alamgir Kabir there. Thereafter both of them went away and met appellant Billal. Miraj and Saiful Islam and all of them went to the shop of the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir...... the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir. They stayed there for some time. Then at about 7-30 PM accused Saiful Islam called Alamgir Kabir outside the house on the plea of some talk when appellant Billal, Saiful Islam......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....nd separate service from the civil executive and administrative services of the Republic……..76(1) Articles 115, 133 & 136 The President can create and establish a judicial service and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. ......2 (X) of them. The parent legislation that supports this Order is Annexure-B to the writ petition, namely, The Services (Re-organisation and Conditions) Act, 1975 (Act No. XXXII of 1975), hereinafter called the Act, conferring on the Government the power to create new services or amalgamate or unify......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....f 1997 was heard for quite a considerable period of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgment could not be delivered by this Division as some of the learned Advocates of this court made prayer for rehearing of the appeal. Thereafter the......t the learned Judge will desist from committing such an act in future that is not in keeping with judicial propriety. 4. In view of our observation made in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....f a financial institution the legislature purposely committed to attach any condition precedent to the filing of an application under Order 9, rule 9 of the Code of Civil Procedure, which is the absolute right of the financial institution. 7. In these circumstances, my considered view i......eferred to as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any court or any other authority.” If we take this provision litera......not find any provision therein which is contrary to the provision of Order 9 rule 9 of the Code. Unless the order of dismissal for default is allowed to be set aside the plaintiff bank would suffer loss and the borrower would be benefited. It is not the intention of Ain to deprive a financial ins..Category: Business or Commercial Law | Date: | Hits: 104
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....convicted accused-petitioner No. 1 under sections 302/109 of the Penal Code and accused-petitioner Nos. 2-10 under sections 3 of the Penal Code and each of them was sentence to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for ......the outset it must be stated that the judgment of the High Court Division is not a very happy one as because the learned Judges of the High Court Division while disposing of an appeal on merit were called upon to decide the case on fact after proper appraisal of the evidence on record. The learne......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....nt (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no ......re concluded after the expiry of the specified in section 339C of the said Code shall, notwithstanding such expiry be deemed to be and always to have been, validly concluded and shall not be called in question or before any Court including the Supreme Court, merely on the ground that the......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....uction Manager of the petitioner-company who joined the company as such on 3-11-1994 and his case is that though his designation was Production Manager but he was not given any managerial or supervisory responsibilities and his duty was confined to physical and manual kind of works. It is his fu......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......le properties of the petitioner-company for which he was directed to show cause by a letter dated 16-6-1985 and a lenient view was taken against him but he continued to commit mischief resulting in loss to the company and he absented himself from his duties without prior permission from the peti..Category: Labour and Industrial Law | Date: | Hits: 138
....
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they ar...... Registrar of Trade Unions in accordance with section 22(2) of the Ordinance to hold election for determination of the collective bargaining agent (CBA). The Registrar, on receipt of the application, called upon KPM by a letter dated 21 June 1995 to submit a list of all workers employed in the estab...... for efficient running of the contract.
18. The contractor must maintain particulars of labourers and an attendance register for reference of the enterprise as and when required.
19. That any loss which the company may incur in course of handling due to carelessness, negligence or willful co..
Category: Labour and Industrial Law | Date: | Hits: 163
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
.... Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor AK Monwaruddin Ahmed………………….Respondent Judg...... submitted to the Vice Chancellor along the audit report. The Vice Chancellor in his turn forwarded the bill with his signature thereon to the Director of Accounts on 26.12.93. On 27-12-93 a daily called “Ajker Kagaj” published a news under the heading “Corruption of Teacher of......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....vision (Criminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State &hel......dentify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under trial. 7. It may be noted here that...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....cember 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely arbitrary di....... The High Court Division further held that in view of the fact that a high-powered committee reviewed tariff value from time to time the fixation of tariff value at US $ 220 per metric ton cannot be called an arbitrary decision. The Division Bench desired that the National Board of Revenue should f...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
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