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Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ated 23‑5‑1979. His service conditions were governed by the BADC (Service) Regulations, 1968 but the BADC Service Regulations, 1990 were formulated and the previous one modified under the power conferred by section 52 of the Bangladesh Agricultural Development Corporation Ordinance, 1961......tural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the provisions of law as that would be discriminatory and violative of th......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......shy;section 7 of section 34 of the Companies Act 1913 (section 34 deals with registration of shares in a company) which reads as follows: ‑ "Nothing in this sections shall prejudice any power of the company under its articles to refuse to register the transfer of any shares", it ...... and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its share......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....1985. v. Financial bungling committed by the petitioners 2‑5 have been evidenced by the demands for repayment by financial institutions. vi. The respondents have treated the company as their ow......veloped in the other jurisdictions. The High Court Division was of the opinion that words of section 233(l) to consider in the context of the case were: "affairs of the company" and "powers of the directors". The High Court Division considered the provision of section 233(1) .........................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority sh......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......ney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and, as such, the application was liable to be dismissed. The Government of Bangladesh contested the case asserting that the power of attorney dated 11‑9‑1981 in favour of Mr. Lutfor Rahman Sarder was fraudulent,......03. The Succession Act, 1925 (XXXIX of 1925), Section 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession cer......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......lahabad High Court held that a legislature can certainly give retrospective effect to a piece of legislation passed by it, but an executive Government exercising subordinate and delegated legislative powers, cannot make legislation retrospective in effect, unless that power is expressly conferred by......espondent
Judgment
February 8, 2003.
Result:
The appeal is allowed.
The Constitution of Bangladesh, 1972, Article 102
The Private University Act, 1992 Section 7(d)
A mandatory condition having not been complied with no right accrued to the respondent to take recourse to ......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... Rule 23 of the State Acquisition and Tenancy Rules, 1955: Duties of Revenue Officers. - (1) The Revenue Officer shall, if he is vested with necessary powers in this behalf under the Act, incorporate, and if he is not vested with such powers, send up ......edure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......e things pledged upon giving a reasonable notice of sale. Both these rights are concurrent and they are provided in section 176 of the Contract Act a pledger cannot compel the pledgee to exercise the power of sale or its adjustment as a means of discharging or satisfying the amount due to him. The p......e pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and …...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......een the interest of administration or the interest of the Union Parishad vis‑a‑vis the criminal proceeding. The criminal proceeding against the Chairman must of necessity be such that the power vested in him if exercised would either he prejudicial to the interest of the Union Parishad o...... (XXV1 of 1977), Section 13 An elected public representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from th...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....itiated against the respondent, that while the Enquiry Officer found the respondent negligent in the discharge of his duties and that because of the negligent act of the respondent the State suffered financial loss, in such a situation there was no room for taking any lenient view in awarding punish......) Section 4 The Government Servants (Discipline & Appeal) Rules, 1985 Rule 4 Section 4 of the Administrative Tribunal Act vested the Tribunal with the power to consider the regularity and legality of the proceeding initiated against the delinquent of......tion 4 The Government Servants (Discipline & Appeal) Rules, 1985 Rule 4 Section 4 of the Administrative Tribunal Act vested the Tribunal with the power to consider the regularity and legality of the proceeding initiated against the delinquent officer ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......es in which the facts are alike ....” “To act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial princ......n of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is gra......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....that Roy Mohan ever sent any money to Hari Mohan or defendant Nos. 11‑13. It has been further alleged by the defendants that the plaintiff was educated upto higher secondary certificate, by the financial assistance of Hari Mohan and that the property of schedule ‘Cha' to ‘Ta' are c......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of the pro......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary power to grant interest on the awarded amount or any part thereof till realisation. ...... Judgment November 17, 2002. The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......and in this way the writ petitioner gained illegal monetary benefit by misusing the name of the Board and as per a decision of the Board's Committee meeting held on 29‑3‑1995 a high‑power three member Enquiry Committee was constituted to inquire about the allegations brought agains......209;Record‑For the Petitioners. SS Halder, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Civil Petition for Leave to Appeal No. 218 of 2002. Judgment &......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....y receipt showing loan from DW 2 on that account. So the loan of DW 2 to pay off Taka 560,000 to the defendants remains not proved in view of the Managing Director's own case that the company was not financially solvent to pay the account. From the above evidence and the facts and circumstances of t......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... November 5, 2002. Result: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ...... The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) ...... Judgment November 4, 2002. The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Ci......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......n 1996 BLD (AD) 106 and also placing reliance upon the ratio of the said case with the finding "that there was nothing wrong in initiating a criminal proceeding by Gulzar Rahman having a special power authorising him by Anwarul Islam to do everything necessary for him to do in respect of his ch...... KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents Judgment October 28, 2002. The Negotiable Instrument Act, 1881 ( XXXVI of 188......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....of the respective interests involved. He further submits that the foreign investors, who have come and invested great amount of equity one year after the licence was given to ETV, will suffer immense financial loss. Since the signing of the licence agreement, third party rights, not only of the fore......, the High Court Division made the Rule absolute on the finding that the Evaluation Report was changed, by which the disqualified participant, ETV, was made qualified, which is a malafide exercise of power by the respondents. The whole process of preparing the report was not transparent and since th...... rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of peo......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre reference periÂod, for this period the Arbitrator may allow in......€¦â€¦â€¦â€¦......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advoca......alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... 3. Respondent No. 2 contested the Rule stating, inter alia, that the writ petition is not maintainable under Article 102 of the Constitution as the Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Code of Civil Procedure subject to the provision of the Artha Rin ...... Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Ju......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... order of detention was extended by the government under section 3(3) of the Act, for a further period of 3 months with effect from 2-2-2002. Subsequently, the government in exercise of its power under section 3(1)(a) of the Act, issued an order of detention on 22-4-2002 for a fu......ers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-General and ABM Walilur Rahman Khan, Assistant......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
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