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Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....ment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4...... or abroad in such manner as it thinks fit and also to dispose of stores and equipment; (e) to fix pay of the officers and other employees wherever necessary either initially or otherwise at any stage within the pay scales prescribed by the Central Government; (f) to utilise or incur expen......time when the disciplinary action was taken against him he was serving as Works Manager (Administration), Bangladesh Ordnance Factories, Gazipur Cantonment, Gazipur. 6. Against both the officers proceedings were drawn up for committing misconduct under Rule 7 (2) of the Civilian Employees in De..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....missioner, Sylhet, Annexure‑B. Under the condition of the auction notice (as in condition No.5) the balance money was to be deposited within seven days from the date of auction, in default, without any notice or without any show cause the 50% money already deposited will be confiscated to the Gove......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......ned advocate but we find no substance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....prejudiced the defence. He further submits that the trial Court placed reliance on an enquiry report marked Ext. 29 in finding the guilt of these appellants, but that enquiry report has not disclosed any criminal act of intention of these appellants. The learned Advocate contends that in a case of t......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... 109 of the Penal Code. He argued that the present case may be a case of sheer negligence of duty of the appellants, but for their negligent act the appellants cannot be prosecuted in such a criminal proceeding. 11. Mr. SA Hasan, the learned Assistant Attorney‑General appearing on behalf of t..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
....d taken in the writ petition.
5. Mr. A K Badrul Huq, learned Advocate appearing for the petitioner, submits that section 86 of the Co‑operative Societies Ordinance. 1984 provides for referring any dispute touching the business and affairs of the co‑operative society or of the liquidation of......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
...... co‑operative society or of the liquidation of a society to the Registrar for certain matters but there is no provision for referring the election dispute to the Arbitration and, as such, the whole proceeding before the Arbitrator was void and the reference made by the Registrar is also void.
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....cted in accordance with law. 6. The Local Government (Union Parishads) Ordinance, 1983 is the relevant statute by which the Union Parishads have been set up and in die said statute the voters of any Union Parishad has not been given any statutory right to question the election of the Chairman a......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......at which he was a candidate. The civil Court’s jurisdiction has been impliedly excluded. The election of a candidate cannot be challenged under Article 102 of the Constitution as in the summary proceeding under Article 102 disputed questions of fact cannot be settled. It is also well settled t..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....hers................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such amen......tatement denying all the material averments in the plaint and claimed to have his own right, title, interest and possession in the suit‑land. The suit became ripe for peremptory hearing and at that stage the plaintiff filed an application on 15.12.88, under Order 6 rule 17 of the Code of Civil Pro......in a separate application at the time of its filing. He has further submitted that the law provides for amendment of pleadings under Order 6 rule 17 of the Code of Civil Procedure at any stage of the proceedings and hence the delay alone, if the application is otherwise a proper and bona fide one, s..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....ts Governor, Motijheel Commercial Area, Dhaka made in the Bangladesh Observer dated 20th May, 1991 as continued in the said Daily on 21st May, 1991 (Annexure ‘F’) under section 37 of the Bank Company Act, 1991 (Act. 14 of 1991) which Act took effect from 24.2.91 on repeal of Bank Company Ordinan......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......2. Subsequent to the issuance of the Respondent No.1, Bangladesh Bank, respondent 2, Deputy Manager, Banking Control Department, Bangladesh Bank, filed affidavit‑in‑opposition annexing the agreed proceedings of the meeting held on 21.7.91 which has been signed by the petitioner Mr. Madhab Chandr..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
....uded in the 'Kha' list of the abandoned buildings on 23.9.86 published in the Bangladesh Gazette and, as such, the petitioner had to file the said case.
3. The respondent‑Government did not file any written statement but contested the case by way of making verbal submissions contending that the......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......he learned Court of Settlement also referred to section 44 of the Evidence Act in this connection.
For proper appreciation, we quote the section as under:‑
“44. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 40, 41, or 4..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....against the petitioner and the allegations do not also come within the mischief of section 19(a) and (f) of the Arms Act. The learned Advocate also submits that since the petitioner has not committed any offence within the meaning of section 19(a) and (f) of the Arms Act, continuation of the Crimina......he above rules and the petitioner is liable for the violation of the rules. As the violation of the aforesaid rule has been made punishable under section 23 of the Arms Act, it cannot be said at this stage that there is no prima facie case against the petitioner. 15. The learned Attorney‑Gene......ibur Rahman Khan J. - This Rule was issued on 11.2.91 on an application filed under section 561A of the Code of Criminal Procedure, calling upon the Deputy Commissioner, Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ment made by Muslim, father of victim girl Sumati in the FIR dated 3.8.88, she appears to be below 16 years of age as on 2.5.89. In the circumstances, we do not find that the Sessions Judge committed any error of law in giving victim girl Sumati Begum to the custody of her father Muslim by the impug...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......6. By this Rule this Court also directed the Deputy Commissioner, Moulvibazar to show cause as to why victim girl Sumati Begum should not be allowed to go with her alleged husband Manik. 7. The proceeding under section 491 CrPC in this Court is an original proceeding. Therefore this Court has ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....enience is in favour of the opposite party foreign supplier and if the Bank guarantee is kept alive by renewal for one year more and it is directed to be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referre......e submission of the party and after examining the paper came to a finding that as the umpire's survey report of all the consignments have not yet reached, encashment of the bank guarantee at this stage would be against natural justice and having found the balance of convenience and inconvenience......4 of the Second Schedule of the Arbitration Act, 1940 praying for restraining the petitioner, namely the Coal Controller, from encashing the performance bond dated 16.5.89 when in fact no arbitration proceeding was pending any where under the said contract at the relevant time, The learned court iss..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....adesh Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexures A and D) should not be declared to have been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......against the loan under Article 33(3) of the Shilpa Bank Order. The said case was transferred to Commercial Court No. 11, Dhaka and was numbered as Misc. Case No. 53 of 1985. The Bank also initiated a proceeding under Article 35(1) of the Shilpa Bank Order for filing a Certificate case and also invok..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
..............Respondents Judgment December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual genera...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......shan, Dhaka effective from 20.8.89. It is further stated that ex facie it appears that the petitioner has no cause of action and that being a stranger he is praying for recovery of money. The present proceeding under section 162 of the Companies Act is not maintainable. The allegations of inability ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....7), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. Lawyers Involved......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ...... heirs, the present defendant Nos.1-3, were made parties in Title Execution Case No.5 of 1967. The present defendant No.10, one of the two wives of Abdul Hashim, was not made a party to the execution proceedings. She instituted Misc. Case No.16 of 1968 under the then existing Section 47 of the Code ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....s to whether the Miscellaneous case was barred by limitation and whether there were material irregularities or fraud in publishing an conducting the sale and if so whether the appellant had sustained any substantial injury by reason of such irregularity or fraud. 6. It appears from the judgment......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ....... 1 being heir of judgment‑debtor contested the suit and as such it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was put into execution for re..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....f the decision of the Village Court is unanimous or by majority of 4 to1, then it is final. The learned Counsel has argued that appeal is the creation of statutes and when the statutes did not create any appellate forum the Cox cannot create it; the view taken by the trial Court palpably erroneous, ......any representative. Kh. Mahbubuddin Ahmed has however produced before us a copy of the Order-sheet of the Village Court which shows that the respondents had nominated two representatives. But at this stage, it is the plaint of the suit which is the only record before the Civil Court and it is on the......uired five members including two representatives of each of the two parties and the Chairman. The respondents had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in respect of ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially insolvent, because the basis of an order for winding up a company on the groun......e Company's case of deposit of title deeds as alleged. Some reference has been made in this connection to the affidavit filed by the bank in connection With a talk of compromise during the appeal stage. There is nothing to show that the bank particularly admitted the alleged mortgage of Kashimpu...... as already noticed. 11. Leave was granted to consider whether the appeal against the winding up order was allowed upon a correct appreciation of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel for the appellant, has submitted that the learn..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....g two revisional applications‑Criminal Revision No. 151 of 1983 and Criminal Revision No. 15 of 1984 in the Rangpur Bench of the High Court Division. The learned Single Judge, however, did not find any defect in the framing of the charge; and as to examination under s. 342 Cr.P.C., the learned Jud......by the prosecution they were not examined under s. 342 Cr.P.C. On this finding the learned Sessions Judge allowed the appeal, set aside the conviction and sentence and ordered for re‑trial from the stage of framing of the charge. The appellants challenged this order of re‑trial by filing two rev......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....record. The plaintiff obtain a joint decree for specific performance of contract against all the defendant Nos. 1-6, and defendant No.2 having not been brought on record and she having not filed any appeal there was possibility of' two inconsistent and conflicting decrees if the appeal was ......ured provided the appellants would have prayed for the same. It is found from the record that the appeal was filed on 6.2.1985 and the matter was taken up for final hearing on 5.3.89 and even at this stage no application was filed for adding defendant No.2 as party respondent by the appellants. Nece......ubmissions of the learned Amicus Curiae, it appears that they wanted to argue that rule 4 of Order 41 of the Code is an enabling provision by which one of several plaintiffs or defendants to a decree proceeding on a common ground can prefer an appeal and this rule nowhere speaks of adding the non-&s..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....pellant submitted that the appellant was prejudiced by the refusal of the learned Magistrate to examine witnesses produced by the appellant and closing the hearing of the case abruptly without giving any opportunity to the appellant to produce doctor who treated the appellant and other victims named......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... section 342 Cr.P.C. The case was adjourned. Thereafter on 12.5.1990 the accused respondents filed an application under section 344 of the Code of Criminal Procedure with a prayer for staying further proceeding of CR Case No.15 5 of 1989 on the ground that the counter case filed by the accused respo..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
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