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Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....it Petition No. 449 of 1994). Judgment ATM Afzal CJ. - This appeal by leave is from judgment and order dated 24 August, 1994 passed by a writ bench of the High Court Division making the Rule absolute in Writ Petition No. 449 of 1994 filed by the respondent against the appellants. 2. The re......ould make a representation; it must not be vague or indefinite and that the grounds must be relatable to existing facts. The principle of a meaningful show cause has been highlighted when a person is called upon to meet or explain some charges brought against him. 17. In not giving specific facts......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....er referred to as the said Act. 2. The short facts for disposal of these appeals tie that, the appellant company, incorporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......ident’s Order No 27 of 1972. It has since been disinvested. The appellant company submitted return for the assessment years 1975-76 and 1976-77 showing an income of Taka 1,13,70,323.00 and a loss of Taka 1,02,349.00 respectively, with unaudited Trading and Profit and Loss Accounts but subs..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....ong comprising of top lands measuring 0.68 acres acquired from the owners thereof by registered kabalas of various dates from 16-1-85 to 20-6-85 as well as of foreshore land leased out to him in Eksona Lease Case No. 5 of 1984-85 measuring 5.0 acres containing a renewal clause at the option of t......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......iffs yard. The defendants developed jealousy at the plaintiff’s initiative in setting up a ship-breaking yard near their yard and turned inimical towards the plaintiff. With a view to causing loss to the plaintiffs business the defendant-appellants most illegally, wrongfully and forcibly b..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....ndent from the charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on......nd the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ty which was not a vested property. Subsequently upon further litigations which went upto the Appellate Division plaintiffs title to the suit property was established unassailably. The plaintiff also brought a suit for possession of the property on the basis of her title being Title Suit No. 35 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......t land will come to Tab 42,00,000.00 @ Taka 2,00,000.00 per katta since the land has been trespassed and occupied and period of limitation has (sic) over as a result the plaintiff has sustained loss of ownership in the said land; the image of the buildings for willful non-repairing, non whit..Category: Property Law | Date: | Hits: 72
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....d Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from which order was also rejected by the Chairman. Board of Directors of the said Bank on 21-12-81. He filed Title Suit No......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in service. The respondent bank preferred Title Appeal No. 94 of 1985 and ..Category: Administrative Law | Date: | Hits: 131
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....nst the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the ......se, denied from the side of the defendants. It is admitted on all hands that the concerned kabalas stand in the name of defendant No. 1. Both the trial Court and the appellate Court were therefore called upon to determine whether the transactions were benami or not. The law of benami transaction...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....ssession thereof was delivered to the plaintiffs’ mother who was the first wife of Md. Ibrahim. On 27-2-51 Judhistir transferred his malikana interest to Md. Ibrahim. The plaintiffs are the sons and daughters of Md. Ibrahim through his first wife Asia Khatun. Defendant Nos. 1 and 2 are Md......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......rtition without praying for declaration of title to the whole plot. In any view of the matter the order of remand has made confusion worse confounded because the lower appellate Court will be at a loss as to what to decide when the material findings of the lower appellate Court have not been set..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....espondent No and 5 and intimate this decision in this regard within 3 days. No reply having been received from the respondents, the petitioner filed the Writ petition as referred to above. It was also prayed that pending hearing of the Rule an interim order be passed restraining the respondents f......en that the Rule has been ordered to be posted in the list or hearing on 19th January 1997 (already passed) and as such an interim order of injunction is hardly necessary. Respondent No. 6 has only called for a tender on 29-12-96 for extraction of bamboos from the disputed Bash Mahal and supply ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Invol......e appellant was holding the office of Chairman of the Union Parishad without any lawful authority was enough. Such a declaration having actually been made the order as above was neither proper nor called for. 6. Leave was granted to consider the submission that the decision, 1......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment ......rpretation given to the expression “any person aggrieved” in the judgments of my learned brothers, in my opinion, approximates the test of or if the same is capsulised amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious intervener or a wayfarer witho......aintaining a proceeding of this nature is not necessarily a right In the strict juristic sense but it is enough if the applicant discloses that he has a personal interest in the matter which involves loss of some personal benefit or advantage or the curtailment of a privilege or liberty of franchise..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....inistration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon the court; reason being fraud demolishes the very foundation of sanctity of such judicial proceeding. It is also ......High Court Division wrongly held that the defendants totally failed to make out a case that they had been prevented by sufficient cause from appearing in court on 4 January, 1988 when the suit was called on for ex parte disposal. 12. Mr. B Hossain, learned Deputy Attorney-General ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....tion No.3 of 1989 (Comilla)/Writ Petition No.1950 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla) Writ Petition No.1949 of 1991 (Dhaka) allowing the two writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A of......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ull. Respondent No.1 thereafter applied for loan in the year 1982 and the appellant-Bank again sanctioned Taka 29.50 lakh against pledge of potatoes. In 1981-82, respondent No.1 suffered a business loss and consequently it failed to repay the loan with interest. In the year 1983, the appellant-ba..Category: Business or Commercial Law | Date: | Hits: 150
.... to be more expert at the complaint stage because otherwise, it will be an example of nipping the prosecution in the bud………………………….(16)
The law should not be stretched too far so that big companies against whom serious allegation of foul play concerning national economy is be......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......e issuance of warrant of arrest against the accused persons instead of summons without showing reasonable grounds was contrary to law for which the accused persons have faced harassment and financial loss and the same has caused failure of justice and further that those irregularities are not curabl..
Category: Business or Commercial Law | Date: | Hits: 163
....………………(10)
Section 95
(ii) Courts are generally reluctant to interfere with the decisions taken at company meetings unless there is almost a manifest breach of the Articles (of Association) or the Statute, because it is the company and not the Court which is responsible for its ......994 which, inter alia, says that until the contrary is proved a meeting of the directors of a company, in respect of the proceedings of which minutes have been made, shall be deemed to have been duly called and held, that the High Court Division ought to have held that notice of the meeting dated 7-......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should be so strong that it will outweigh the consideration of sub-clause (a) or (b) of clause (4). Generally......o the Court alleging prejudice, inconvenience or harm and that a prima facie case has been shown. There can be and there are no hard and fast rules. But prudence, discretion and circumspection are called for.” 15. Mr. Islam submits that in the present case even if it is assum......said order would not be otherwise harmful to the public interest, that the impugned interim order was wrong as it is liable to cause not only grave inconvenience to the Government but also serious loss to public revenue, that the writ petitioner-respondent having not made out a strong prima faci..Category: Criminal Law | Date: | Hits: 119
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....Penal Code, (XLV of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involveme...... time and in the manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might have been killed by some unknown enemies while committing dacoity on Dhaka-Aricha Road near a place called Company land. He was taken to the near-by house of Feroz in an injured condition and given f......ation of the dead body of Hyder Ali having found 3 deep incised wounds, one bone-deep incised wound and one lacerated wound on the body of the victim and having opined that death was caused due to loss of blood owing to the infliction of all the above injuries, the High Court Division acted ille..Category: Criminal Law | Date: | Hits: 104
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... operated as it getting supply only in two out of three phases whereas for operating the factory supply in all the three phases is required. The appellant informed the respondent’s bank and also the Executive Engineer of the Power Development Board for immediate restoration power supply an......public power supply (Dos Policy) and (ii) loss due to machinery (MBD Policy) and the policies were renewed 13-4-92. Later, to cover the risk of flood and cyclone, the appellant took another policy called Fire Policy, which was valid upto 15-5-92. 3. On 18-5-91 there was a cyclone ...... from respondent bank against pledge and hypothecation of shrimps and prawns kept in the cold storage of the appellant. The Appeallant took two insurance respondents Nos. 1-2 to cover risks of (i) loss or deterioration of stock arising out of incidents including failure of public power supply (D..Category: Business or Commercial Law | Date: | Hits: 147
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... area for which a Nikah Registrar has been licensed. It appears that before amendment of Rule 10 of the Rules, (amendment was made on 19-1-93), the provision was that on the recommendation of the advisory committee a Nikah Registrar would be appointed for 5 to 10 Unions. Amended Rule 10 of the Ru......ni by curtailing, under section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, briefly “the Act the nikah registration area of the petitioner. In the Writ petition, the petitioner called in question the said order of the Government alleging, inter alia, that in 1991 he was appoin......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....uit without seeking permission to sue afresh as contemplated under rule 1(2), the plaintiff is precluded from instituting any fresh Suit in respect of the subject-matter or the claim made in the suit so withdrawn. The withdrawal of a suit by necessary implication ………….. the effect of the jud......f setting aside of the decrees of dismissal while according permission to withdraw the suit being in consequence of the order of withdrawal is justified. So no interference with the impugned order is called for. Moreover, this petition is out of time by 33 days and the explanation for the delay......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ..Category: Property Law | Date: | Hits: 77
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