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Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....il. 21. It was alleged that following the two consecutive severe floods of 1987 and 1988 in Bangladesh studies were made in the light of which the Government of Bangladesh established a list of 11 guiding principles of flood control. At a meeting between the Government of Bangladesh and some dono......stitutional journey the question of locus standi was given a liberal Contour in that decision by this Court at a time when the Blackburn cases were just being decided in England which established the principle of “sufficient interest” for a standing and the doctrine of public interest litigation......of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......cordingly. Under section 152 C.P.C the trial Court ought to have corrected its own clerical errors even after the passing of the decree. 14. Section 152 C.P.C is based upon the broad principle (1) that any act or omission of the court shall prejudice none of the parties of the proc...... 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....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. ......ellip;…………….. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed .......5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order ......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)
....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. ......g his mind as to whether the amount signed was actually due when the amount was not admitted or determined by an authorised person; that Section 10A of the Public Demands Recovery Act violates the principle of natural justice and it offends Articles 27 and 31 of the Constitution. The learned Jud......t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades......s under section 10A of the Public Demands Recovery Act the company on 3-12-88 filed a petition before the General Certificate Officer stating that the claim of the Bank is not correct and demanded determination of the amount by the General Certificate Officer. The General Certificate Officer on ..Category: Business or Commercial Law | Date: | Hits: 150
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ff after her death. 5. Mr. SR Karmakar, learned Advocate appearing for the plaintiff-petitioners, submits that the learned Judges of the High Court Division had correctly decided the principle of law enunciated in Section 205 of the Hindu Law but if in the meantime the property is ......n 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pur......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....sent. There was no charge created in favour of the wife and children for their maintenance in the properties of the assessee. Hidayatullah J (as he then was), speaking for the court enunciated the guiding principles in the following words: “In our opinion, the true test......Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never......with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by ove...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......artial law regimes are periods of transgression and when the Constitution is revived, the court in exercise of its judicial power will examine each act complained of and may condone the same on the principle of necessity or for any other good reason notwithstanding the bar created for such exami...... Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribu......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ...... 64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul ......t Division, namely, that the Suit was bared under section 102 of the Waqfs Ordinance, which was rightly negatived by the High Court Division upon taking a correct view that section 102 is no bar to a determination by the Civil Court as to whether the provisions of an Act have been complied with or n..Category: Property Law | Date: | Hits: 91
....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.......of no avail without the foundation of minutes of the meeting which is yet to be produced.
11. Mr. Ahmed has next submitted that the High Court Division erred in law in not following the judicial principles in respect of granting temporary injunction, particularly that not to affect the internal......missed.
The Companies Act, 1994 (VIII of 1994), section 83 (3)
(i) It does not appear from the impugned judgment that the minutes of the meeting was either prepared or produced at any stage before the Court. Rather, the High Court Division observed that the defendants did not produce a scrap......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)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......spite of the scathing criticism of the cited judgment by HM Seervai in his Constitutional Law of India Edition, 4th Edition, pp. 1668-1677, the Supreme Court of India has persistently followed this principle and the latest such examples are contained in the cases of State of West Bengal and othe......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......nd the shadow of reasonable doubt. In that view of the matter, the judgment calls for no interference. 4. It may be mentioned here that the learned Single Judge wrongly held that it is a settled principle that for the same offence an accused cannot be punished under the Penal Code and Act II of......Act II of 1947 along with other Penal Code offence....(4) Lawyers Involved: Amir Hossain, Advocate-on-Record — For the Petitioner. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 213 of 1996. Judgment Latifur Rahman J.- In Special Case No. 54 ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......1) in his deposition that on 14-8-86 the notice was served upon the defendant by registered post, the learned SCC Judge found that the notice had been duly served upon the defendant. Referring to the principles of law laid down by this Division in the case of Abdus Satter vs. Suresh Das 32 DLR (AD) ......f 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......…………………..(14 & 15) The Penal Code, 1860 (XLV of 1860), section 109 (ii) The appellant Airport Manager is an abettor. An abettor in principle ought not to be awarded a higher punishment than that meted out to the principal offender...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......fa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. ......isition proceeding stood abated. 5. Mr. SR Pal, learned counsel for petitioners, submits that there is an error of law apparent on the face of the record in deciding the matter in holding that the determination of the compensation payable under section 10 of the Ordinance is essential for the app..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... and/or metering unit within the consumer premises for electricity use. In this case, the location for installing such circuit breaker panel and/or metering devices with accessories, shall be, in principle, selected by agreement between the consumer and the Board at the shortest possible dis......AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of 1997 With Civil Petition for Leave to Appeal No. 236 of 1997. Judgment &nbs......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …&hellip......ry face of the plaint the suit was barred by the law of limitation. 4. The trial Court did not accept the plea on the view that the suit being one for recovery of khas possession the determination of title and the cause of action having arisen on and from 6-7-1986 there was no scop..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... Judgment July 13, 1997. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property......ned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property was an abandoned property or not. As the property being fou..Category: Property Law | Date: | Hits: 58
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......as justified in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that......d. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recover......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..Category: Property Law | Date: | Hits: 83
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......port dated the 9th August, 1875, of Lieutenant Gordan, Assistant Commissioner, Chittagong Hill Tracts that fitness and age rather than priority of descent regulate succession to the Bohmongship. This principle was followed in the Government of Bengal’s letter No.280, dated 21 January 1876 in which......rma and did not enter into the area now known as Chittagong Hill Tracts. The fifth Governor Bohmongree Kong Hia Prue was the Chief of the Bohmong Circle of Chittagong Hill Tracts from 1727-1811. Henceforth all the Chiefs of Bohmong Circle had been living in the Hill Tracts and thereafter there were ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......om the said judgment. 16. Leave was obtained by the appellants (in CA Nos. 56-58 of 1995) raising various grounds but the main ground seemed to be that the impugned judgment was flawed on a basic principle that the High Court Division did not at all consider the ‘welfare’ of the minor childr......bdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
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