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Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....e Supervising Committee have found the petitioner non-responsive and that the Board also declared the petitioner non-responsive and thereupon price bid of the respective bidders having already opened any decision on revising the earlier decision finding the petitioner responsive for opening of the t......ubmits that the High Court Division acted illegally and contrary to the law in failing to appreciate the process of award of the contract for supply of the cranes which is still at a very preliminary stage, as the further steps for award of the contract are that the financial proposals of the four b......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for de......ling the parties to bring all possible controversies between them the suit.” 11. Order VI rule 17 of the Code of Civil procedure provides that an amendment of the pleading may be allowed at any stage of the proceeding in such manner and on such terms as may be just and all such amendments shal......ies to bring all possible controversies between them the suit.” 11. Order VI rule 17 of the Code of Civil procedure provides that an amendment of the pleading may be allowed at any stage of the proceeding in such manner and on such terms as may be just and all such amendments shall be made may..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....hin the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cases Referred......ternational banking rules providing and regulating provision for opening of letter of credit. 5. Order XXXVIII rule 5 of the Code of Procedure reads as under: (1) Where, at any stage of a suit, the Court is satisfied by affidavit or otherwise, that the defendant, with intent......avour of the plantiff on the basis of such agreement on grounds other than those mentioned in order XXVIII rule 5 of the code; the plaintiff is to take step for necessary relief in an appropriate proceeding but it is not entitled to any relief on an application as framed under order XXXVIII ru..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....section 20 of the Societies Registration Act but nowhere under the terms of registration BRAC is permitted to undertake the activities of sponsoring, owning, controlling, or operating a banking company or, operating a banking company or, for that, matter an airline, shipping company, construction......Memorandum and Articles of Association and the certificate of incorporation which are Annexures ‘C’ and ‘C 1’. It is submitted that by filing this writ petition at a belated stage when the process of incorporation and commencement of business was complete the writ petition......, 1997. The writ petitioner has completely failed to identify any particular fundamental right which might even conceivably be affected by virtue of the fact that BRAC is not subject to bankruptcy proceedings under Bankruptcy Act, 1997. The instant writ petition in the nature of public interest ..Category: Constitutional Law | Date: | Hits: 199
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
.... The Administrative Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any direction for reinstatement and as such the said order is not executable. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......istry of Agriculture and he was sent to New Zealand for Post Graduate training but within the period fixed he did not return to this country and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....tiff-petitioner and as such the suit for declaring the order of removal as illegal is not maintainable and at best there could be prayer for compensation of damage, if any. 10. He further submits that the respondents considered the replies to the show cause ......pon filed appeal before the Administrative Appellate Tribunal. The Administrative Appellate Tribunal allowed the appeal modifying the order of dismissal to the extent of reducing him to the lowest stage in the time scale. Against the judgment of the AAT the Agrani Bank moved the Appellate Divisi......as detected later and subsequently the beneficiary of the pay order deposited the entire amount of Tk.1,00,000/- and thus the bank was saved from financial loss but the bank initiated disciplinary proceeding against him and an inquiry committee was constituted who held an inquiry and gave a repo..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under sect....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ........... Respondents Judgment March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it i..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....ns as follows :- "6. Qualification, etc., of candidates.- (1) Candidates seeking licence of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force. (2) A candidate seeking licence of Nikah Registrar ......rary residence. 12. In the case of Ratanlal Vs. T.A. Authority reported in AIR 1969 MP 204 a question arose as to the meaning of the word residence. The case pertained to the grant of stage carriage permits in the State of Uttar Pradesh. There being vacancy in the three permits in t......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....ed to the District Social Service Office, Pabna. That the Additional Secretary-in- Charge, Ministry of Social Welfare by his order dated 16.6.1991 framed charge against him. There were many other allegations in the charge as regards misuse of public money, misappropriation and irregul......bmissions of the learned Counsel for the respondent about waiver, acquiescence of the appellant and estoppel from proceeding with further enquiry under rule 11 (3) of the Rules, 1985 at the belated stage. 19. In Halsbury's Laws of England, 3rd Edition Volume-14 page 637, “Waiver is t......t, allowed the respondent to serve physically for more than six months and allowed him to draw pay and allowance admissible under the rules. Thereby all the actions of the provisions, departmental proceeding starting from framing of the charges by order dated 16.6.91 were complete, closed and pa..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....6 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the remittance with the account of the company but depositing the same to their o......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......or of the Company not depositing the remittance with the account of the company but depositing the same to their own account do not constitute an offence of Cheating and Criminal breach of trust. The proceeding is accordingly quashed……..(9, 10 & 11) Cases Referred to- Nasir..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....ed by the High Court Division in Writ Petition No. 1372 of 2001.) Judgment: Amirul Kabir Chowdhury J. - A.R. A. Jute Mills Limited, a public Limited Company-the writ petitioner has filed this petition for leave to appeal against the judgment and order ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ges of the Artha Rin Adalat including that of the respondent No.5 and the appointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....of the suit so filed in the Court of Subordinate Judge, Dhaka is liable to be rejected. It was also the contention of the Bank that the plaintiff who was defendant in suit No. 55 of 1990 did not file any appeal against the decree passed in the said suit and as such he is not entitled to challenge th......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......t of Subordinate Judge, Dhaka seeking the reliefs as stated hereinbefore. The relief so sought in the title suit primarily for declarations that the decree passed in the Artha Rin Adalat case and the proceedings of the Execution case initiated in the light of the decree of the Artha Rin Adalat case ..Category: Civil Law | Date: | Hits: 130
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
.... East Pakistan. It is true that under Article 4(1) of President's Order No. 69 of 1972, all legal proceedings that were pending before and against the Government of Pakistan or East Pakistan in any Court or Tribunal or before any Arbitrator, tax authority or other authority in Bangladesh shall......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......e promulgation of the Constitution of Bangladesh with effect from 16th December, 1972. The Court hearing the parties rejected this contention and by an order allowed the application whereupon the proceeding of the suit abated. The appellant moved the High Court in a writ petition challenging the..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....; Badrul Haider Chowdhury J: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment years 1963-64, 1964-65 and 1965-66 and also filed an ......) computation of the taxable income, (ii) determination of the tax payable and (iii) demand for the tax so found due. Registration of the firm makes no difference for the purpose of the first stage but it does make a difference for the purpose of the second and third stages. A firm is a uni......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be maintained if the prep...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......tion 43 of East Bengal State Acquisition and Tenancy Act have been published acquiring of all interests other than those already acquired under section 3 of the Act completing all acquisition proceedings under the Act. All the notifications have been published in the Official Gazette c..Category: Property Law | Date: | Hits: 44
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....sional Magistrate took cognizance on the police report. The complainant, it is, mentioned, took no step on that date. It was observed "in the midst of trial no further process can be issued against any other accused. Section 436 Cr. P.C. is not applicable in such a case". Thereafter the compla......the Sub-Divisional Magistrate. The case was subsequently transferred to Mr. K. Hossain, Magistrate, 1st Class for disposal. The trying Magistrate examined 3 witnesses for the prosecution. At this stage the complainant filed a petition to summon the discharged accused, the present appellants, on ......or consideration of the naraji petition and other materials available on record, to enable him to decide whether to take cognizance or not against the present appellants. 2. Facts giving rise to proceedings are as follows: The respondent lodged a Complaint petition against 24 persons On the all..Category: Criminal Law | Date: | Hits: 60
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....order passed in an application under section 96 of the East Bengal State Acquisition and Tenancy Act is not appealable. The question involved and the decision proposed to be given does not call for any detailed recounting of facts, except that the appellants being pre-emptees is Miscellaneous Ca......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not ap..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......24 of the Penal Code. The accused were sent up to Court of the Resident Magistrate at Zakiganj for trial and then the case was transferred to the Court of 1st Class Magistrate, Sadar, Sylhet. At that stage the Informant filed an application before the Sessions Judge praying for taking cognizance of ...... sections 449, 307,380 and 324 of the Penal Code, the District and Sessions Judge upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petitio..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....he expression 'purported exercise' in the validating clause of Fifth Amendment of the Constitution. Martial Law Regulation VII of 1977 cannot be pleaded as a bar when the taking over or vesting of any property is without jurisdiction or coram non judice or malafide………(11) Withdrawal of M......e before the High Court Division in its writ jurisdiction. Several decisions were given by the High Court Division and this Division on abandoned property matters and while position was in that stage on 17-10-77. M.L.R. VII of 1977 was promulgated. 7. The salient provisions of this Martial ......ways vested in the Government. This taking over or vesting shall not be called in question on any ground whatsoever before any authority, or Court, and all suits, appeals, petitions or other legal proceedings pending before the commencement of the Regulation in any Court shall abate. The Regula..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....Court shall follow in all suits cognizable by it, the procedure prescribed in the Code of Civil Procedure, and section 16 says that suits cognizable by a Court of Small Causes shall not be tried by any other Court. To revert back to section 17 again it appears that it contemplates that final order......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......….....Respondents Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil Procedure...Category: Procedural Law | Date: | Hits: 96
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