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Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......o the Registrar, Joint Stock Companies for recording the amendment of Articles 101(a) and 145. Although respondent No. 2 (petitioner before us) was replaced by respondent No. 3 as Managing Director according to article 145 of the Articles of Association but respondent No. 2 refused to give the po...... May 22, 2001. The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. Th...... the banks or other agencies by way of loans overdraft, cash facilities, etc. BSRS appearing in the proceeding asserted that the amendments made were approved and the amendments are valid under the law. The High Court Division therefore held that the alleged non-fulfillment of the conditions as ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ed the Rule. 3. Mr. MA Jalil, the learned Advocate appearing on behalf of the petitioners submits that this amendment allowed after remand of the suit has caused miscarriage of justice as it has changed the nature and character of the suit. 4. Mr. Jalil l......ioner failed to point out any legal infirmity in the judgment of the High Court Division which may call for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with ......I rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a planned township cannot be converted as residential plots. Conversion of such open spaces and parks into re......issued calling upon the respondents-appellant Rajdhani Unnayan Kartipakkha and two others to show cause as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ...... Vs. Abu Musa............................. Respondent Judgment May 31, 2001. The Customs Act, 1969 (IV of 1969), Section 180 The Constitution of Bangladesh, 1972,...... were the same goods as were sold in auction and the Tribunal having disbelieved the claim of the writ petitioner by assigning reason which being a finding of fact, the High Court Division erred in law in setting aside that finding in its writ jurisdiction. It was also noticed in the leave grant..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......e pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case which was not necessary to resolve the real dispute between the parties&hel......der of the trial Court. 6. Leave was granted to consider whether the learned Judge of the High Court Division upon correct appraisal of the material facts and the principles of law applicable to amendment of plaint was justified in interfering with the order of amendment of ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....e Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required under section 47 of th...... same. There is no legal infirmity in the judgment of the High Court Division which may call for our interference. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. Thi......1908 (V of 1908), Order XXXIX rules 1 & 2 The Bank Companies Act 1991 (XIV of 1991), Section 46 A person who is aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects the result of the earlier o......ed asking the petitioners to show cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The short fact leading to this..Category: Business or Commercial Law | Date: | Hits: 131
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......Advocate instructed by Serajur Rahman, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 1-2. Criminal Petition for Leave to Appeal No. 220 of 2000. (From the judgment and order dated 13 July 2000 pas......ry injunction in favour of Humayun Kabir in respect of these two holdings it could not be said there was no such holding. 6. The High Court Division did not commit any error of law in directing the Office-in-Charge Motijheel PS to hand over possession of holding Nos. 59 and 5..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......he shop room let out to a tenant involves element of must have and constitutes bonafide requirement. Thus, we do not find any reason to uphold the judgment and order of the learned Single Judge and accordingly we set aside the same and restore those of the learned SCC Judge and Assistant Judge an...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide requirement......ree the appellant preferred this appeal. 6. Mr. SS Halder, learned Advocate for the appellant, submits that the learned Single Judge of the High Court Division fell in error of law in finding that there is no finding of service of notice by the learned SCC Judge without notic..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......nother.................. Respondents Judgment June 26, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while decid...... It is only the averments made in the plaint are to be considered to come to a finding as to whether those disclose a cause of action and the Court while deciding such application is not permitted in law to travel beyond the averments made in the plaint. The High Court Division in the instant case o..Category: Civil Law | Date: | Hits: 105
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ng pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………………(6) ......heirs the suit as a whole cannot be held to have abated calling for discharging the Rule in the revision case as having become infructuous. It has further been argued that there are good grounds of law in the revision which if considered the revision case would have been allowed and the Rule issu..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....was held that errors or omissions in proceedings in stating the charge or omission in such behalf is not material unless the accused, in fact, was misled by such errors or omissions and failure of justice has occurred. 18. Mr. Abdul Malek further submits that the accused-app...... 14. From the examination in-chief and cross-examination of these material witnesses it palpably clear that the accused-appellants knew the positive case against them and they cross-examined accordingly. Thus the question of prejudice does no at all arise in the facts of the present case. ......framed, conviction for immoral act is sustainable…………….(19) Expunging Adverse Remarks Adverse remarks being extraneous to the merit of the appeals were not called for in facts of the case, such remarks are expunged&hel......ng been framed for commission of rape under section 6(3) of the said Ain, the conviction and sentence under section 9(Ga) for committing an offence of immoral act is illegal and not sustainable in law. 7. Syed Ziaul Karim, learned Advocate appearing in Criminal Appeal No. 3..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......e appellate judgment of the High Court Division on the ground of the discovery of new as important evidence. 3. In para 9 of the application for review the petitioner stated as follows: “That according to the advice of the learn Counsel, the defendant Islamic Foundation Authority took proper...... Non-discovery of alleged fact and even after discovery if found genuine would not have proved the case of the petitioner, the High Court Division committed no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence. Case Referred to- Kess......of 1908), Order XLVII rule 1 Non-discovery of alleged fact and even after discovery if found genuine would not have proved the case of the petitioner, the High Court Division committed no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence..Category: Property Law | Date: | Hits: 107
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... The Constitution of Bangladesh, 1972, Article 32 The Code of Criminal Procedure, 1898 (V of 1898), Section 497 The accused having alleged to have committed a substantive offence of murder his liberty can be curtailed under section 497 o......stantive offence of murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that the respondent is entitled to the arrear pay and allowances……………………&hel...... Tribunal Case No.51 of 1997. 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ...... is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Election ......, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.” 7. Thus it appears that the El..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ...... The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 12(1) & 15 Promotion of the Employees of the corporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regul...... Group V was combined since inception of the Corporation and thus the change in the Organisation set up and the separate seniority list prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Co..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ...... respondent caused disturbance while performing duties as a warder in Pabna Jail proceeding was initiated against him and after inquiry it was found that the respondent is guilty of misconduct and accordingly following the provision of Rule 205 of the Jail Code he was ultimately dismissed. ......p; The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show cause notice……………………&helli...... General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional protection available to the respondent and relying on the principle of law enunciated in 44 DLR (AD) 104 (Jamuna Oil Company Limited and another vs. SK Dey and another) a..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......A submitted a charter of demand questioning calculation of overtime as illegal and contrary to the agreement stating that the demands were resolved by the subsisting settlement dated 26-2-1986 and according to Clause 18 of this settlement the petitioner passed administrative order on 1-7-1986 ke...... May 9, 2000. The Code of Civil Procedure 1908 (V of 1908), Order XLVII rule I What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Recons......sion of the Labour Court and discharged the Rule Nisi issued in the aforesaid writ petition. 2. The petitioner seeks review on the following grounds that in absence of any law or award or settlement securing any right to claim overtime allowance at the rate double the r..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ...... February 27, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 43 The petitioner should continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwall...... 3. The learned Advocate for the petitioner submits that as a Joint Mutwalli petitioner is entitled to manage the affairs of the Waqf Estate and as such, High Court Division erred in law in upholding the order of the Additional Deputy Commissioner to hand over the charge to the oth..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....cle 104 The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘ka’ list of abandoned buildings and justice having been done question of limitation does not arise…………&hell......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......ng been done question of limitation does not arise……………(5) Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Md Sajjadul Huq, Advocate-on- Record —For the Petitioner ......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ..Category: Property Law | Date: | Hits: 61
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