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Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....n on the ground of limitation. 4. As to the prayer for complete justice under Article 104 of the Constitution, this provision should not be resorted to in the case of laches on the part of a financial institution like the petitioner bank, which should better take action against its own wro......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. Not represented -For the Respondents. Civil Petition for Leave to Appeal No. 200 of 1992. Judgment: ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......of a vital witness. 6. Section 540 Cr.P.C. is expressed in the widest possible term and it cannot be said that the intention of the section is to limit its application to Court witnesses only. The power is available to the Court "if his evidence appears to it essential to the just decision of the......gment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Peti......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....on and a Division Bench of the High Court Division after hearing the parties made the Rule Nisi absolute by judgment and order dated 1.12.93 holding, inter alia, that (a) that the defendants are nota financial institution and therefore incompetent to make a claim before the Artha Rin Adalat for real......Act are the overriding considerations in determining the applicability of the procedural provisions of the Code of Civil Procedure. The Artha Rin Adalat is not a full-fledged civil Court with all the powers and Jurisdictions of a civil Court. It is a civil Court of defined and limited jurisdiction. ......press terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the pro......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......TM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......te on which die decree is reviewed. For, the scope of an application for review under Order 47 is quite different from, and much wider than, that of an application under section 152. In exercise of power of review the Court which has made a decree may amend or modify it in any way and to any ext......man J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 C......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... by its judgment and order dated 3.8.92 that in appropriate cases a court exercising writ jurisdiction may adopt measures analogous to the procedure under Order IX Rule 13 CPC or at least exercise powers for the ends of justice. The learned Judges, however, held that respondent No. 1 was respons......Kamal J.- The question that arises in this appeal by leave is whether the provisions of section 141 of the Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......y not be supported by consideration in the strict sense ...........” 9. In the instant case the Government took the decision on agreement to release the Mill in question. Lack of power on the part of the Government so to do is not the plea; rather a belated plea was taken that ...... Corporation……………..Appellant VS. Saleh Ahmed & ors ..................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic R......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......n jurisdiction for appreciating the true scope of amendment of pleadings. In the case of Golam Hafiz Mia Vs. Khadem Ali Miah, 29 DLR(SC) 311 this court observed as follows : "In exercising this power, the court would no doubt, be reluctant to allow such an amendment which would have the effe...... and another ……………Appellants [in both the Appeals] Vs Sunhar Ali and others ..................... Respondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Nars......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (MLR No. 1/82) c......minal Appeal No. 15 of 1991] Md. Idris Patwary.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Sec......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......f immovable property determines‑ (a) by efflux of the time limited thereby; …………………………… (c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event by the happening of such ......nant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ...... for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy availab......Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Wh......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....placed on Nagendra Nath Vs. Mon Mohan Singh AIR 1931 Cal 100. 7. The Artha Rin Adalat is a special forum created by a special law for adjudication of suits which can be filed by a Bank or a financial institution for recovery of its dues. Section 7 of the Artha Rin Adalat Act provides for ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......r. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1993 passed......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......tember 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power to award interest on the award made by him. 2. Facts leading to these appeals are bri......desh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment Febr......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......nce of which the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. 3. Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose al......For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the High Cour...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... office of the Deputy Commissioner, Bakerganj. There is no specific notice requiring the petitioner company to show cause as to why the acquired land should not be resumed. In order to exercise the power of resumption given under clause 7 of the lease deed, a clear, specific, open and unambiguous ...... After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Banglades......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... like a bank by way of altering an order of dismissal from service when the authority had decided not to keep him in service apparently because he had lost their confidence which is so essential in a financial institution. Compulsory retirement is the proper penalty …………..(16) Lawyers Inv......(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of ser......Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......w Reforms Ordinance, 1978. 4. Under sub-section (1) of section 439A of the Code of Criminal Procedure (hereinafter referred to as the Code), the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court Division under section 439. In other words, the Ses...... 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Before disposal of these applications, it is necessary to say a few words in respect of sections 439 and 439A of the Code of Criminal Procedure. In the Co......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code of Criminal Procedure, (briefly the Code) to interfere with a ......te (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. Md. Ozair Farooq, Advocate-on-Record-For the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Ap......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... May 1991 in FA No. 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, at least on facts of this case, to award interest for the period prior to the institution of ......ction 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of pric......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....sh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Corporation had no jurisdiction to......nciples referred to above are too entrenched in our legal system to be disputed. Having induced the appellants to permit him to retire the respondent cannot be heard to say that the appellants had no power to relieve him from service. Even if the action of the appellants was not strictly sanctioned ......ifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Respondents Judgment October 28, 1993. Result: The appeal is allowed. Cases Referred to- Sarat Chunder Dey Vs....... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
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