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Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....t did not strike down section 10A of the said Act and wrongly held that relief can be given in spite of striking down the law; and (4) The learned Judges of the High Court Division on a total misconception of law doubted whether the order was appealable under section 51 of the Act, w......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. ......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. ..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.
......ons Judge.
17. It was argued that the CMM acted wrongly in directing issuance of warrant of arrest all at once instead of issuing summons at the first instance. It was further argued that in the absence of list of witnesses and copies of complaint the order of issuance of warrant of arrest was ...... dated 2-4-97 of the CMM taking cognizance as aforesaid.
5. The learned Sessions Judge by his judgment and order dated 1-6-97 held that the CR cases were liable to be quashed and since he had no jurisdiction to quash he made a reference (3) to the High Court Division under section 438 of the Co..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......our of the plaintiffs and the Advocate Commissioner’s report justly, passed the order of mandatory injunction and the High Court Division was wrong in setting aside the said order in its revisional jurisdiction. 6. We have considered the submission and also perused the judgment of the High Co..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....plainant returned to Bangladesh accused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of Taka 4,00,000.00 holding out hopes that they would run a fish business in Saudi Ara......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. ......f 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence……&helli..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......that he does not object to the High Court Division’s deleting the order for further investigation, but it should have been made clear that the learned Magistrate instead of excluding his own jurisdiction by adding the higher sections i.e. 326 and 307 without considering the materials befor..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....III, Dhaka (East Zone), while making the said assessment treated a sum of Taka 8,15,79,411.00 (disputed issue) as a windfall profit in the hands of the assessee-appellant and added the same to its total income. 4. The aforesaid amount which was profit on account of price differenti...... 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. ...... 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
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. ......eous Case No. 1 of 1986, under Order XXXIX rule 2(3) of the Code of Civil Procedure, of the Second Court of Subordinate Judge, Dhaka, was heard by a Division Bench of the High Court Division in the absence of the petitioner (respondent in said FMA) and allowed by the impugned judgment and order d......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. ..Category: Procedural Law | Date: | Hits: 94
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....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. ......h was contested by the accused respondent and the said Criminal Motion was dismissed on contest. The case was taken up for trial but the accused- respondent absconded and the case was tried in his absence. In such a situation, Mr. Abul Quasem, learned Advocate-on-Record for the informant petitio......d 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 Additional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to the accused concerned t..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....t it may be observed that the power of judicial review in respect of Martial Law Orders has by now crystallized by the decisions of this Court. The position in law is that paragraph 19(2) does not totally debar the Court and it will be competent for the Court to review acts, actions or proceedin......LO No. 9 but that would not invalidate the order dated 8-11-86 as the order itself showed that it was to take effect immediately. As regards the other point it seems that it was not pressed in the absence of any supporting material. The High Court Division, however, took the view that inasmuch a......ected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. The matter was fully cognizable by the Adminis..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... Secretary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaintiffs deposited the entire amount through......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. ......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. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....r amendment of the plaint alleging, inter alia, that although the plaintiffs had transferred 4.50 acres of land in favour of defendant 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, t...... 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. ...... 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. ..Category: Procedural Law | Date: | Hits: 149
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......justments of accounts, etc. with Arab Bangladesh Bank Limited be operated henceforth jointly by Mr. Anwar Hossain (Executive Director-II) and Mr. Mohibul Ahsan (defendant petitioner No.1) or in their absence by such Directors to be nominated by them”.
5. The plaintiffs have impugned the subse......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... Bill in the Parliament, as there is a Declaration to that effect under section 3 of Act XVI of 1931. The development surcharge may not be payable before 1-7-97 but that is so small portion of the total duty involved that it will be harmful to the public interest to prevent the authority from co......or work actually be otherwise harmful to the public interest, but will only consider whether such interim order “is likely to have” the said effect. The Indian Supreme Court, in the absence of any constitutional provision, has taken the view that the balance of convenience must b......e consideration of sub-clause (a) or (b) of clause (4). Generally speaking, impeding the assessment and collection of public revenues is otherwise harmful to the public interest. In cases where no jurisdictional issues are involved and when the manufacturer, trader or importer usually passes on ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons with disproportionate amount of armed preparation. In the absence of any evidence that the informant party was carrying on any assault as may reasonably cau......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....was proceeded with under section 5(2) of Act II of 1947 and this, in fact, gave jurisdiction to the Special Judge to try the petitioner as an accused in the Special case. The learned Single Judge was totally wrong in holding that the accused petitioner cannot be tried under Act II of 1947 along with......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......….. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) o..Category: Anti-Corruption Laws | Date: | Hits: 81
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. ......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. ......nly required to state by Notification in the Official Gazette the grounds of its opinion, not its satisfaction or formation of opinion. 8. Mr. Md Abdur Rashid next submits that in exercising its jurisdiction under section 99D of the Code of Criminal Procedure the Special Bench was required to b..Category: Others | Date: | Hits: 122
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. ...... 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. ...... Referring to the principles of law laid down by this Division in the case of Abdus Satter vs. Suresh Das 32 DLR (AD) 170, the learned Counsel submits that although the scope of exercising revisional jurisdiction under section 25 of the Small Cause Court Act is wider than under section 115 of the Co..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... offence from the very beginning and have never tried to beat the law by any smart manoeuvre both before and after the trial, he submits, their sentence may be minimised further to spare them from total destruction of their selves. If and when released they will not set their feet on Bangladesh ......bsp; 13. Baffled with a lack of submission on sentencing policy on the part of both sides and having heard Mr. Rokanuddin Mahmood’s passionate entreaties, we have decided that in the absence of submissions and assistance from either side it will not be prudent to settle any princip......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
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........ It was not held that abetment under section 12 was dependent on determination of compensation. 7. In this review proceeding it will not be permissible to enter into consideration of facts in the absence of clear averments in the writ petition in that behalf to determine as to whether the procee......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...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....two separate surveyors for assessing the extent of damage and the surveyors visited the factory of the appellant on 25-5-91 and undertook the work of survey. On 27-5-91 the surveyors took from the total stock of 5309 master cartons of shrimps and prawns 10 samples at random and sent it to the De......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 147
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