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BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......No. 16 of 1972. After taking over the management of the aforesaid two Units, the same were placed under the erstwhile Bangladesh Fertilizer Chemical and Pharmaceutical Corporation (BFCPC) under the provisions of PO No. 27 of 1972 and subsequently the BFCPC and two other Corporations were amalgam..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......This High Court was given power to review its decisions, but no appellate forum was created. As to Advocates, Article 9 of this Order (PO No. 5 of 1972) provides: "9 Subject to the provisions of any law on the subject, any person who immediately before the commencement of this..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......and materials" against them. They did not show any cause. Instead they rushed to the High Court Division with the Writ Petitions challenging the continuation of the proceedings in view of the provisions of the new Rules. When their Writ Petition was heard by the High Court Division they did..Category: Employment/Service Law | Date: | Hits: 68
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... in consideration of all the relevant facts of the case and the law properly. 7. Mr. Abdul Malek, learned Advocate for the appellant, submitted that the High Court Division misconceived the provisions of section 497(l) of the Code of Criminal Procedure and thus allowed itself to be misled..Category: Constitutional Law | Date: | Hits: 150
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......ent of this Order, all abandoned properties in Bangladesh shall vest in the Government and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of this Order". As M/s Drums Metal Ltd. was an industrial undertaking, its control, manag..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....of that the appellants, under Rules that the goods in from question are Government properties and that these that goods are intended for "consumption or use for official purpose only" is mandatory, or mere directory. In other words, whether in the absence of the "certificate"......counts and must take precedence over die mere form". In the Statute Law of Craies, absolute or mandatory enactments have been distinguished from enactments which are mere directory or enabling provisions; failure to comply with a mandatory rule invalidates an action, whereas, failure to comp..Category: Fiscal/Taxation Law | Date: | Hits: 92
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......the world; it affords a ready means of proof of the contents of the Will: see Ss 41 and 91, Evidence Act; and it is a complete answer by the executor to any challenge of his authority as such. The provisions of the section do not, in their Lordships' opinion, suggest that before probate the exec..Category: Property Law | Date: | Hits: 77
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......temporary injunction on the finding that the Appellate Division of the Supreme Court having held in the case of Bangladesh Vs. Haji Abdul Gani Biswas and others reported in 32 DLR (AD) 233 that the provisions of PO No. 88 of 1972, PO No. 136 of 1972 and PO No. 24 of 1973 as valid laws, the order ..Category: Civil Law | Date: | Hits: 106
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....n and the learned Judges of the High Court Division summarily rejected the application holding, inter alia, that the provision as contained in rule 18 of Order VII of the Code is directory and not mandatory and non‑compliance with the same rule is an irregularity and not an illegality. ......eave shall not be granted except in exceptional circumstances and that whether the provision of rule 18 of Order VII Is directory or mandatory. 5. It may be mentioned at the outset that new provisions of rules 14 and 18 of Order VII of the Code of Civil Procedure were incorporated in the ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....eing terminable only on the advice of a non‑judicial body, the Review Board established under the Act, was in conflict with the Constitution; and that the provisions of the Act making such sentence mandatory and as to the Full Court Division, its jurisdiction and powers are severable from the rest......eme Court, and that it is so obvious that the makers of the Constitution thought it redundant to expressly provide for that. 7. Appellant in Civil Appeal No. 35 of 1987 has further urged that the provisions of sections 3 and 5 of the Act as to the composition of the Tribunal and the Appellate Tr..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... in the Constitution. The substitution of the earlier clause (3) by the new one cannot be challenged as ultra vires. 3. The petitioner next contends that the impugned Act is violative of the provisions of Articles 121 and 122(1) of the Constitution. 4. The Constitution on the date o..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....ort of the same. Hence the High Court Division held. "The requirement of law has been substantially satisfied". 8. Leave was granted to consider the appellant's submission that the mandatory provisions contained in Order V, rules 16 and 18 of the Code of Civil Procedure for servi...... same. Hence the High Court Division held. "The requirement of law has been substantially satisfied". 8. Leave was granted to consider the appellant's submission that the mandatory provisions contained in Order V, rules 16 and 18 of the Code of Civil Procedure for service of summ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......nts filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (Rev) Bakerganj passed in Case No, 1 of 1962‑63 under the provisions of Transfer of Agricultural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to,..Category: Others | Date: | Hits: 178
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......evidence and case made out that the certificate‑debtors were in possession at the date of the sale, Article 138 of the Limitation Act was not attracted. The learned Assistant Judge also noticed the provisions of Article 137 and having found that there was no evidence as to when judgment‑debtors ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......irection as above only on the basis thereof. We are appalled to notice the inept and incorrect expressions used in the discussion in the judgment, failure to grasp the facts of the case and the legal provisions and the sweeping remarks made without proper appreciation which have marred the entire ju..Category: Business or Commercial Law | Date: | Hits: 130
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......r, 1985 transferred him from its Head office at Dilkusha Commercial Area, Dhaka‑2 to its Naya Paltan Branch, Dhaka. Respondent No.2 asserted that the transfer was done mala fide in violation of the provisions of section 47B of the IRO. He instituted the aforementioned IRO case and prayed for stay ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... rule for determining whether a provision is imperative or directory. “No universal rule” said Lord Campbell L.C.” can be laid down for the construction of statutes, as to whether mandatory enactments shall be considered directory only or obligatory with an implied nullificatio......ge it will be fatal and the convict cannot be kept in custody for undergoing imprisonment". 7. Before we consider the contentions of the respective parties let us refer to some relevant provisions of the Chief Martial Law Administrator's Proclamation dated 7th April, 1979. By that Pr..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......s of Keamuddin Sardar. It is alleged that there was a proceeding before the Revenue Officer, Barisal who directed acquisition of Schedule 'Kha' properties which were found to be in excess under the provisions of the East Bengal State Acquisition and Tenancy Act 1950, The Revenue Officer treated &..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......Statutes against disciplinary actions taken against them 4. Mr. T.H. Khan learned Counsel for the appellant submitted that the Cooperative Societies Act, 1940 is a complete Cede by it self and the provisions of the Act and the Rules made thereunder go to show that it is a special Act meant for C..Category: Labour and Industrial Law | Date: | Hits: 144
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ged and found proved. Similar view has been taken in the other case too. 9. For a fuller consideration of the powers of the Appellate Court in disposing of appeals the relevant provisions prescribed by section 423 of the Code of Criminal Procedure need be considered. They rea..Category: Criminal Law | Date: | Hits: 57
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