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Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... shares to Tofayel Ahmed’s wife the and that appellant No. 2 transferred her 100 shares to on the said minor son of deceased Tofayel Ahmed, all an on 3-1-87. The names of the appellants were accordingly excluded from the register of shareholders of the company. The appellants contended tha.............Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sult......er dated 12-7-94 passed by the High Court Division in Company Appeal No. 1 of 1993). Judgment: Mustafa Kamal J: This appeal by leave raises a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......;) do not relate to any decision but are simple recommendations in connection with the amendment of the absorption Rules of 1981. Besides, it is not incumbent upon the Ministry of Education to act according to such decision even if it is taken by them. The position in this connection was that th......hellip;…..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain………………......or the same. Secondly, he submitted with reference to sub-Article (2)(a)(i) of Article 102 of the Constitution, which seems to be his main submission, that the Government not being required by any law to give effect to Annexures “E” and “F” which are merely official commu..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....erson who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggri...... Secretary on promotion was cancelled, so also his placement as a Director in the Ministry of Foreign Affairs; that in 1983 the seniority list of the Members of the BCS (Foreign Affairs) was prepared according to the Composition and Cadre Rules, 1980; that he assumed the charge of Director/Deputy Se...... Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person unde......present appellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers which were necessary and essential for proper disposal of the case. Further, the Min..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... Revision No. 201, 1984 making the Rule absolute thereby setting the judgment and decree dated 22-4-84 of the Additional District Judge, 2nd Court, Comilla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25...... report on 5 10-76 and the plaintiff and his wife were discharged from the criminal case on 18.10.76. Thereafter the plaintiff got possession of the suit land. The kabalas were executed without any lawful consideration during the pendency of a non-compoundable criminal case and for stifling a cri..Category: Property Law | Date: | Hits: 72
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......p;……… Petitioner Vs. Md. Humayun Kabir and others …………….Respondent Judgment August 13th, 1995 Case Referred to- Md. Shajahan vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: ......ion Parishad. 6. Mr. NH Khondaker, learned Advocate on Record appearing on behalf of the petitioner, has submitted that the learned Judge of the High Court Division has committed an error of law in making the Rule absolute relying upon the decision of this Division in the case of Md. Shaj..Category: Others | Date: | Hits: 98
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....t of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not entertainable. The High Court Division further held that the petitioner is not witho......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......vil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Mohammad Brothers represented by its proprietor Md. Shahidullah……….Petitioner Vs Collector of Customs and ano......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......on in the disputed house and the suit was dismissed on contest on 30.9.85. Appeal preferred there against by him, being, Tide Appeal No. 260 of 1985, was also dismissed on contest on 15.8.89 Thus, according to the Respondent, the Settlement case was not maintainable. The Settlement Court by its......gment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Record—For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not......e Settlement Court by making the Rule Nisi absolute. 2. Mr. TH Khan ,learned Counsel appearing for the petitioner sought to argue that the learned Judges of the High Court Division erred in law in holding that the petition under section 7 of the Abandoned Property Ordinance, 1985 was inco..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......ellip;…………………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; ...... facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under section 203 CrPC properly or not, but the High Court Division prejudiced the appellant and erred in law by holding that the allegations made in the petition of complaint cannot be said to be prim fa..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......e appellant on 17 November, 1992 a case was started and the Police submitted charge sheet against the respondent on a December 1993 under Section 341/325/427/109 of the Penal Code, Respondents No.1 to 3 filed in the High Court Division an application under section 526 of the Code of Criminal Pro......hen it tends to the general convenience of the parties or the witnesses. The High Court Division may also withdraw a case itself without issuing any notice upon either parties when some question of law of unusual difficulty involved therein.” Neither of these situations was present in that..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......;Petitioners Vs. Deen Mohammad Rana and another …………………….Respondents Judgment June 2nd, 1994. Case Referred to- Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1. L......90, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Order 1972. Respond..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ...... November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Peti......n under section 561A Cr. P. C. to examine the admissibility, relevance, propriety or sufficiency of materials. For, all these questions, specially in a criminal trial, are mixed questions of fact and law which cannot be resolved in an abstract manner without the facts surfacing at the trial. A charg..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....avelling allowance” within the meaning of section 2(8)(b) of the Ordinance and, as such, to that extent only the impugned judgment of the High Court Division needs to be modified in the interest of justice. As a result the appeal is allowed without any order as to costs. The judgment of the Hi......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......ant Vs. Hasan Movies Ltd. and others……………………Respondents Result: The appeal is allowed. Judgment June 28, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Res......r the Minimum Wages Board to fix any such “travelling allowances” and as such the recommendation made by the Board for “travelling allowance” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the l..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....eir lives. The other main contention was that the impugned action was taken without any notice to them and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ petitions that they had learnt from a notice ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......No.73 of 1994) Rabiul Karim …………………………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involve......ein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 a..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......nd from 8.8.93. It is the case of the petitioner-company that by publishing the impugned notice dated 27.7.94 in the Financial Express BTTB acted contrary to the terms of the licence. The licence, according to the petitioner, became effective on 3.8.93 as BTTB willfully, deliberately and illegal......etitioner. TH Khan, Senior Advocate (AM Nooruddin Ahmed, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 300 of 1995 (From the Judgment and Order dated 8.5.95 passed by the High Court......ss dated 27.7.94 in so far as it relates to invitation of tender for establishment of Cellular Mobile Telephone Service in major cities and areas of Bangladesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, r..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....purely a commercial contract, the alleged illegal cancellation of which would be remedied by arbitration as provided in the agreement itself or by a suit for damages, whether the principle of natural justice was applicable to a contract of this nature and whether a show cause notice was at all neces......ions of this Act and the rules made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. One of the functions of BOI shall be, according to section 7(e), “approval and registration of all industrial projects in the private se......………Respondents (In Civil Appeal No. 3 of 1993) Judgment April 19, 1993. Result: Civil Appeal No. 73 of 1992 is allowed. Civil Appeal No. 3 of 1993 is dismissed. Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Exe......ems which were admittedly installed at the cost of BTL, no show cause notice was issued to BTL. As such the impugned order so far as it relates to these three communication systems was passed without lawful authority and the Rule was made absolute in respect thereof. But in respect of cellular radio..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....eyed by the sale which gave rise to the pre-emptive claim. Mahmood J. in Durga Prasad vs. Munsi (1884) Allahabad (Vol. 6) 423 observed that the doctrine has its origin in the general principle of justice, equity and good conscience and the reason of the rule is that the very nature of the pre-e......operty, notwithstanding it be incapable of division, such as a bath, a mill, or a private road. Shafei maintains that nothing is subject to Shuffa but what is capable of being divided: because (according to his tenets) the end of Shuffa is to obviate the inconveniences attending a division...... Khatun Chowdhury being dead her heirs Abdul Malik Chowdhury…………… Defendant-Respondents Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: ......imed pre-emption only of a part of the immoveable property purchased by her i.e. only of the land excluding the structures thereon, they were not entitled to claim pre-emption under the Mohammedan law. 5. The learned Subordinate Judge by his judgment and decree dated 16.11.1985 decr..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......simply when it thinks to do so. It is no doubt a discretionary power of the Court as to when a receiver may be appointed in respect of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of ......rt of the Subordinate Judge, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8.......riod of time. 5. Mr. Shafique Ahmed, learned Advocate appearing on behalf of the appellants, has contended that the learned Single Judge of the High Court Division has committed an error of law in appointing a receiver in the suit property on the ground that the property was under the man..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ...... Division should have made this observation so that the Court of Settlement could decide the matter afresh on merit. However, it follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasina Khatoon and others …………………………&he......nt case the Court was constituted by the Chairman and only one member, the High Court Division by the impugned order declared the judgment of the Court of Settlement as to have been passed without lawful authority. 5. The petitioners are aggrieved because the High Court Division ref..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....ny finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will...... in their writ petition and asserting further that during the liberation war the respondents and their mother had left for Pakistan and after independence their whereabouts could not be traced and accordingly, the property in question became abandoned property under President’s Order No. 1......alil and others…….Respondents Judgment August 23, 1995. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. ......nbsp; ATM Afzal CJ.- In this appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Arti..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......was) in the case of Md. Aslam vs. State 19 DLR (SC) 242, in the following words: “……….when the law is altered during the pendency of an action, the rights of the parties are to be decided according to the law as it existed when the action was begun, unless the new statute shows a clear i......….Appellant Vs. State ………………………………………………………..Respondent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242.......with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lordship then was) in the case of Md. Aslam vs...Category: Criminal Law | Date: | Hits: 75
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