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Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....aque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by the High Court Division in Writ petition No. 1474). Judgment &nb...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......ossain, Advocate-on-Record — For the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by t..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....in, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by the High Court Division in Civil Order No. 1629 of 1993). Judgment ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......ers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by t..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....Record — For the Petitioner. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Civil Petition For Leave to Appeal No. 252 of 1995. (From judgment and order dated 14 March 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1076 of 1990). ......ite of him being evicted with the help of Police force on 3-7-1983 under order of the Ministry of Works, he managed to forcibly enter into the suit property on the same night. 5. As already noticed the defendants-petitioner lost all through. His learned Advocate-on-Record has only repeat......nbsp; ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
..... 23 of 1994. Judgment Latifur Rahman J.- This appeal by leave by Bangladesh Inland Water Transport Corporation- defendant No. 1 is from the Judgment and decree dated 10-11-91 passed by the High Court Division in Admiralty Suit No.6 of 1986 partly decreeing th......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ...... 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....Involved: An application of Habibul Islam Bhuiyan, President, Supreme Court Bar Association. Mahmudul Islam, Attorney-General for Bangladesh. Judgment ATM Afzal CJ.- By an application dated 1st February, 1999, Mr. Habibul Islam Bhuiyan, Senior Advocate and President of the Supreme Co...... to justify or explain to the Executive any matter falling within the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it......bul Islam Bhuiyan President Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Cou..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
.... Being aggrieved by the said order the appellants moved this Division and obtained leave to appeal from the said order. Upon hearing the appeal, Criminal Appeal No. 13 of 1994, we directed by order dated 5 December, 1994 that the appellants be released on bail for 6 months with the fond hope tha......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......olved: Khondker Mahbub Hossain, senior advocate instructed by Shamsul Hoque Siddique, Advocate- on-Record – For the appellants. Mvi. Md. Wahidullah, Advocate-on-Record– for the respondent. Appeal No. 7 of 1995. Judgment ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....er, Advocate-on-Record — For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No.260 of 1998. (From the Judgment and order dated 3-3-98 passed by the High Court Division in Writ Petition No.7741 of 1997). Judgment ......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......p;…………...Respondent Judgment March 24, 1998. The Constitution of Bangladesh, 1972, Article 103(1) Since the respondent-petitioner has wide avenues open for both hearing of the Rule Nisi and the injunction matter in the High Court Division itself the C..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....Advocate with him), instructed by Md. Fakhrul Islam, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 893 of 1997. (From the Judgment and Order dated 10-7-1997 passed by the High Court Division in Writ Petition No.2 1 of 1997). Judgment ......23-12-96 petitioner No.2 Inspector of Colleges of the Board issued the third impugned Memo No. 2951 (Annexure-F) upon respondent No.1. In the context of the Government direction, dated 21-12-96 a notice was issued therein to show cause within 30 days why the Governing Body shall not be dissolve......tion of the Board. The Government clearly overstepped its boundaries in issuing Annexure ‘D’ directing Chairman of the Board to dissolve the Governing Body of the Institution and form an ad hoc Committee for three months…………………(14..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
.... Mahmudul Islam, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondents. Civil Appeal No. 9 of 1997. (From the judgment and order dated 30 August 1989 passed by the High Court Division, Sylhet Sessions in Civil Revision No. 59 of......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......he appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circu..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....rd — For Respondent Nos. 1(1) to 1(9). Not represented—Respondent Nos. 2-11(h). Civil Petition for Leave to Appeal No. 30 of 1998. (From the Judgment and Decree dated 29-5-97 passed by the High Court Division in Second Appeal No. 1028 of 1966). Judgment ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......d with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground for interference. …………..(6) Lawyers Involved: Md. ..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....ng the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6) Lawyers Involved: ......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ...... illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6) Law..Category: Procedural Law | Date: | Hits: 118
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....enior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 555 of 1996. (From the judgment and order dated May 22, 1996 passed by the High Court Division, Dhaka in FMA No. 196 of 1994). Judgment......ubmission of the learned Advocate-on-Record for the petitioner raising objection only to granting of interest, it is not necessary to narrate all the facts of the case and it will be sufficient to notice that the petitioner was a lessee under the first party-lessor-respondent in respect of sever...... Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even no such claim of interest was made by the respondent before the court, granting of such interest on the award on appeal is not permissible. …&helli..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....e instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Judgmen......dent for selling Al-Helal Rice Mill under article 34 of the Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 until the determination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to......ul Haq, Advocate-on- Record— For the Petitioner. AKM Nazrul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....n all the appeals) — For the Respondent No.1. Not represented (In CA No 39 of 1994)— Respondent Nos. 2-4. Appeal Nos. 39-42 of 1994 (From the judgment and order dated 23 November 1992 passed by the High Court Division in Writ-Petition Nos. 41, 59, 84 and 85 of......of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had been duly served notices under section 5(1a) and 5(3) so the petitioners need not be served with notice afresh&hell......gency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had bee..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... for Leave to Appeal No. 526 of 1996. Judgment Mustafa Kamal J.- This petition for leave to appeal by the respondent-petitioners is from the judgment and order dated 16-6-96 passed by a Division Bench of the High Court Division in Writ Petition No. 328 of 199...... 23-9-86. The respondents submitted representation to the Minister of Works on 31-1-93 praying for exclusion of the property from the “Kha” list but to no avail. They contended that no notice for surrendering or taking possession of the property in question as abandoned property was ...... within “kha” list is void and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4) Lawyers Involv..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....dvocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 2. Criminal Petition for Leave to Appeal No.105 of 1997. (From the judgment and order dated 2-7-97 of the High Court Division in Criminal Revision No. 512 of 1996). Judgment ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......minal Procedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the trial court as defence and the court may consider it if proved. The investigating police o..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....or Leave to Appeal No. 430 of 1994 Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The plaint...... the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subordinate Judge, Dhaka on the allegations, inter alia, that the respondents published a tender notice for sale of the shares and movable and immovable assets of Albert David (Bangladesh) Ltd. an......hellip;…..Respondent Judgment March 19, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any sur..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....Leave To Appeal No. 378 of 1998 Judgment Mustafa Kamal J.- This petition for leave to appeal by respondent No.2 petitioner is from the judgment and order dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the petition......s on 28-2-95 and in the said meeting petitioner No.1 was authorised to call a meeting of the Board on 30-3-95. The members were duly notified on 16-3-95. Respondent No.2 failed to turn up. Again notices were issued on 15-4-95 fixing 30-4-95 for Board Meeting but respondent No.2 again failed t......p; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority shareholders apply under section 233 of t..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....etition No.204 of 1989 making the Rule Nisi absolute and declaring thereby enlistment of the Buildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawfu......f Ordinance No. LIV of 1985. 20. As regards the last question that the declaration of the High Court Division in respect of the building in plot No.16 was uncalled for, it has already been noticed that the writ petitioner failed to establish that the same was not an abandoned property in......on was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Su..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....s Act , 1965 (IV of 1969) Section 19 Subsequent notifications enhancing the tariff rate shall not apply to the imports on which tariff value has been determined at the prevailing rate on the date of opening of the L.C…………………..(16) ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ff on the date of opening of LC was Tk. 150.00 per ream of 500 sheets in sheet size of the above description of cigarette paper as per SRO No. 144 dated 16-6-88. The tariff rate in respect of the aforementioned cigarette paper was increased to Tk. 200.00 per ream by SRO No. 193 dated 15-6-89 fo..Category: Business or Commercial Law | Date: | Hits: 99
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