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State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....rosecution praying for time for recording 342 statements was allowed and 20-7-86 was fixed for the said purpose. The teamed Public Prosecutor submitted a petition stating that he would not examine any further witness. 6. It is not necessary to refer to all the other orders that prec...... 2. At the end of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Court at C......aid now, it should have moved this Division at least for an early hearing of this appeal with could have been done 4/5 years before. It seems that it was nobody’s concern at any stage of the proceeding and to ask for an order of re-trial from this Division after fourteen years of the occur..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....ptroller and Auditor General was/is the appointing/promo authority who in fact promoted the respondent and the authority of the Comptroller and Auditor General not having been withdrawn by or under any law o rule Comptroller and Auditor General retained till authority to remove the respondent fro...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......he became audit and accounts officer in the office of the Director General, Audit and Accounts Training Academy and while working as such the Comptroller and Auditor General drew up a departmental proceeding against him under the Government Servants (Discipline and Appeal) Rules, 1976 on 14-3-78..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....rvade and extend to the entire population and territory: Per Mustafa Kamal J delivering The Full Court Judgment………. (44) Article 102 “Any person aggrieved”—interpreting the words “any person aggrieved” meaning only and exclusively individuals and excluding the consideration of ......mber of the public moving Court in a particular case has sufficient intents to initiate the action.” 9. A person pleading sufficient interest may be able to cross, what is called, the threshold stage on the averments made in the writ petition but it will always remain open for a prospective re......ticipate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceeding, including redress and remedy, shall be provided. Principle 10 above seems to be the ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....e present appellants as substituted plaintiffs in the plaint and refusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of any initiative by the parties, the court of its own motion, in the interest of justice shall make n......by incorporating their names in place of the aforesaid deceased plaintiff. The trial Judge by his order dated 31-1-88 rejected the petition on the ground that the same was not maintainable at that stage. The appellant then took a revision, Civil Revision No.51 of 1988, before the High Court Divi...... 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 legal proceeding, when the right to sue survives. From the date of acceptance of the appellants’ ap..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......ase No.396 of 1989 under section 4(2) of the Administrative Tribunals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himsel..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....ts 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 to receive judicial approval from any court of law whenev......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. ......dgment 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 to receive judicial approval from any court of law whenever it is obta..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ellip;………….Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, in......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......ative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fa..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... two writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterpri......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. ......nd also prayed for one month’s time. But that prayer was not allowed by the General Certificate Officer. Hence, these two writ petitions were filed by the company challenging the certificate proceedings taken by the appellant-Bank. 3. The case was contested by Bangladesh Krishi Bank..Category: Business or Commercial Law | Date: | Hits: 150
....ad and illegal.
8. This being the main submission made on behalf of the petitioners, the same naturally deserves to be addressed first. Section 25 provides that no Court shall take cognizance of any offence punishable under the Ordinance except on a report in writing of the facts constituting t......f fraudulent act against certain companies and their directors on the basis of an enquiry undertaken by an expert Committee a Court would be well advised not to try to be more expert at the complaint stage because otherwise, it will be an example of nipping the prosecution in the bud……………......rejecting Criminal Reference Nos. 1-3 of 1997 made by the Sessions Judge, Dhaka by his judgment and order dated 1-6-97 under section 438 of the Code of Criminal Procedure recommending quashing of the proceedings of CR Case Nos. 1075, 1076 and 1080 of 1997 pending in the Court of the Chief Metropolit..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
.... under section 561A of the Code of Criminal Procedure for quashment of the said proceeding mainly on the grounds viz, (i) that the facts disclosed in the petition of complaint had no ingredient of any criminal offence and the dispute was of civil nature; (ii) that the alleged offence having been......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......nbsp; Bimalendu Bikash Roy Choudhury J.- The accused-petitioner’s application, Criminal Misc. Case No.4924 of 1997, for quashment of the proceeding in CR Case No.65 of 1997 under sections 323/417/418/419/420/406/348/109 of the Penal Cod..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... Judgment ATM Afzal CJ.- This appeal, by leave, at the instance of the assessee-company arises out of an Income-tax matter and is directed against the judgment and order dated 30-11-1......ing the High Court Division noticed that the decisions of the meeting dated 17-11-79 were communicated by the NBR for compliance by issuing circular No.11(61) T-1/80 dated 25-9-83 and thus at every stage the error was committed by adding the disputed amount to the total income of the appellant wh...... 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
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......ndent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R. The learned Judges of the High Court Division rightly quashed the proceeding……………………(5) Lawyers Involve..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....minal Procedure, 1898 (V of 1898), Section 540 Even though a gazette notification was published showing the accused as absconder there is no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abr......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ...... of 1898), Section 540 Even though a gazette notification was published showing the accused as absconder there is no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Addit..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....;…….(22) (ii) the High Court Division clearly acted without jurisdiction in passing the order as to salary, increment, promotion, etc. It was a gratuitous order not covered by any law nor justified in the facts of the case…………….(24) (......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. ......e Establishment Division but he was not allowed to join and was informed by the Ministry that he was suspended from service by a Memo. dated 20-3-76 which was unknown hithertofore. No departmental proceeding was drawn up against him. On 4-1-87 a Memo. under the signature of Deputy Secretary, Est..Category: Administrative Law | Date: | Hits: 125
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....dant Nos. 46-47 and 1.05 acres of land in favour of defendant No. 45, total 5.55 acres, by registered kabalas dated 14-2-81 being misguided by defendant Nos. 21 and 24, the plaintiffs did not receive any consideration for the said kabalas, that the kabalas were fraudulent, without consideration and ......ave was granted to consider, as indicated in the beginning, whether the amendment of the plaint was rightly allowed in the facts and circumstances of the case. 6. It is true that court may at any stage of the proceeding allow a party to alter or amend his pleading in such manner and on such term......ed to consider, as indicated in the beginning, whether the amendment of the plaint was rightly allowed in the facts and circumstances of the case. 6. It is true that court may at any stage of the proceeding allow a party to alter or amend his pleading in such manner and on such terms as may be j..Category: Procedural Law | Date: | Hits: 149
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....ating to public interest and it cannot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (199......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......t petitioner to appear and ought not to have disposed of the application on hearing only the respondents. 5. We find considerable merit in the second submission of Mr. Ahmed and do hope that in a proceeding of this kind some priority will be maintained so that such grievances may not come to our..Category: Others | Date: | Hits: 113
....ition is dismissed.
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 pro......n is dismissed.
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......f 1998
(From the judgment and order dated May 5 passed by the High Court Division, Dhaka in FMA No. 1998).
Judgment
ATM Afzal CJ.- This petition by defendant Nos.2 and 3 arises Out of a proceeding for temporary injunction in the Suit No.29 of 1997 of the First Court of Subordinate Judg..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... all behind a customs claim. It does not serve public purpose to permit the customs authorities to realise all they claim before they release the goods. We do not see why the Customs should be paid any sum in advance before release of the goods if the claimed amount has prima facie no sanction of......ion (44th Amendment) Act, 1978. In our Constitution the jurisdiction to make an interim order is fettered by clauses (3) and (4) of Article 102 of the Constitution which we shall notice at a later stage. 6. Mr. Islam highlights the salient features of Article 102(4) and then submit......rations, interim order should not be made when it causes administrative burdensome inconvenience or deadlock or bottleneck, impedes or prevents assessment or collection of public revenue, stays the proceedings of inferior tribunals impeding its progress when speedy trial is the object of establi..Category: Criminal Law | Date: | Hits: 119
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....nd abetted if compensation has not been paid or deposited within six months (now one year) from the date of the decision of the authority concerned for the acquisition of the property notwithstanding anything contained in this Ordinance. But as far as our decision in the appeal is concerned, it will......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.......movable Property Ordinance, 1982 (No. II of 1982), briefly the Ordinance. 3. The High Court Division by order dated 28th November, 1991 allowed the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the r..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....t was the responsibility of the appellant to rectify it and hence the claim of the appellant is not covered by the policy: that the claim of the appellant is not covered by the policy also because any loss or damage caused directly or indirectly by cyclone and flood is an excepted risk under the......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. ......but wrongly calculated 55% of 4232 of master cartons which does not cover 55% of the total stock, but only 55% of the amount claimed in the suit .The learned Judges of the High Court Division were proceeding under assumption that the claim amount represented the price of the total stock and cons..Category: Business or Commercial Law | Date: | Hits: 147
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