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Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ovisions of the Constitution and from the scheme and objective of the Constitution itself. ……………………(70) Article 7 Article 7 does not contain empty phrases. It means that all the legislative, executive and judicial powers conferred on the Parliament, the Executive and the Judici......appeal shall be allowed and the writ petition be remitted to the High Court Division for hearing on merit. For writing out the judgment, I requested brother Mustafa Kamal, J who was the author of the decision in the Bangladesh Sangbad Patra Parishad case 43 DLR (AD) 126 which, we felt, was wrongly a..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
.... of the record had been committed by the trial court by non-recording the 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 parti......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
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. ......e paper book shows that it has been expressly mentioned therein that concerned authority mentioning thereby the President of Bangladesh, who was the appointing authority of the petitioner took the decision on petitioner’ dismissal from service, Thus we find little substantive in the submis..Category: Administrative Law | Date: | Hits: 133
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. ......61 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of dues in respect of Bangladesh Krishi Bank including other Government agencies. As a policy, decision of the government for early recovery of the loan of Bangladesh Krishi Bank by amendment th..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......thority from the Commission is to ensure that it is the Commission which should authorise/permit the prosecution to be launched. No officer, not even the Chairman can file a report on his own but the decision must come from the Commission. It has been found that the Commission did decide and authori..
Category: Business or Commercial Law | Date: | Hits: 163
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... 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. ...... read 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 in..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ......nd allowed by the impugned judgment and order dated 1st June, 1991 even though in the notice served upon the petitioner the date fixed for hearing of the said appeal was 25 June, 1997. The impugned decision was thus made without the petitioner being heard. In support of his allegation, the petit..Category: Procedural Law | Date: | Hits: 94
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. ...... the withdrawal of Martial Law, was only a communication of the order of the Chief Martial Law Administrator passed during the currency of Martial Law. As such, the Appellate Tribunal endorsed the decision of the Administrative Tribunal. 4. The respondent thereafter filed the insta..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......he bonafides of Jinardi Union Unnayan Parishad was established by an inquiry. Thereafter on 9-1-81 the Chief Estate Officer in his letter to the Secretary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parish..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......he plaintiffs could not be allowed to say that the kabalas in favour of the appellants were without any consideration or fraudulent and an issue in that behalf could not be permitted to be raised for decision. The trial Court and, it is all the more regrettable that, the learned Judge of the High Co..Category: Procedural Law | Date: | Hits: 149
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......f the State Acquisition and Tenancy Act. Consequently, respondent No. 2 acted beyond his authority in directing the district administration to lease out the said fishery. Reliance was placed on the decision of Shah Md. Elias vs. Province of East Pakistan reported in 17 DLR 277 wherein the follow..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....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. ......as the lowest amongst three bidders and the Minister-in-charge of Ministry of Food approved of the petitioner’s tender on 4-2-97, but in a meeting held in the Ministry of Food on 16-3-97 a contrary decision was taken to give the work to Bangladesh Shipping Corporation which had been doing the same..Category: Others | Date: | Hits: 113
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. ...... making of an interim order and there should not be the slightest indication of a likelihood of prejudice to the public interest.” 12. The Indian Supreme Court in coming to this decision referred to four other previous cases decided by it, namely, Siliguri Municipality vs. Ama..Category: Criminal Law | Date: | Hits: 119
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ...... the said Code. Special Bench having found that there are several matters in the six books which contain matters referred to in sub-section (1) of section 99A there is no ground to interfere with its decision. Case Referred to- The Working Muslim Mission & Literary Trust, Lahore vs. The C..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......ondly, it was argued that the plaintiff not having prayed for any consequential relief in the suit same was hit by section 42 of the Specific Relief Act. In support of both the contentions, several decisions were cited by the defendant. The learned Judge accepted both the contentions and, as alre..Category: Employment/Service Law | Date: | Hits: 94
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. ......ther (i) in view of the postal peon’s evidence that the notice under section 106 of the Transfer of Property Act had been duly serve, the High Court Division erred in law in holding contrary to the decision of this Division in the unreported case of Haque Brothers Ltd. vs. Gulfam Begum in CP No. 3..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......as violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his independent decision but had acted upon the direction of the Government and that the Controller of Imports and ..Category: Business or Commercial Law | Date: | Hits: 117
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.......the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the required period, calculated from the date of the decision to acquire the said land under proviso to section 4(3) of the said Ordinance as per the pro..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. ......t they presumed the damage to be 55% of the total stock to which the appellant disagreed and the appellant’s note of dissent was recorded in the minute and the surveyors suggested that final decision on this question would be taken after a discussion between the insurer, the insured and th..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......led two Civil Revision Cases, being Civil Revision Nos. 1255 and 1256 of 1993 before the High Court Division and a learned Single Judge of the High Court Division by a common judgment affirmed the decision of the Subordinate Judge and discharged the Rules. Pre-emptor petitioner is now seeking le..Category: Property Law | Date: | Hits: 51
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