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Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....Therefrom we examined the language of the definition to see if the ordinary accepted notion of abandoned property fits in with the language used. Why this law and when was it promulgated become a relevant point. As Lord Atkinson pointed out in his speech in 1928 A C (at page 64)- "An Ac......tition before the 1st Court of Settlement was hopelessly barred by limitation and they filed the writ petition before the High Court Division by creating some false, fabricated, baseless, antedated papers and the petitioners are not the citizens of Bangladesh and they are not entitled to any relie...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea......lar country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been cont..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... Lieutenant Colonel Lutfar Rahman annexed by the petitioner in the affidavit-in-reply is an after thought. In order to substantiate their contention the contemners annexed the copies of the relevant letters along with the newspapers to show that the eviction process continued from 25.8.200......nexed by the petitioner in the affidavit-in-reply is an after thought. In order to substantiate their contention the contemners annexed the copies of the relevant letters along with the newspapers to show that the eviction process continued from 25.8.2001 unabated. On 30.6.2002 another sup......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......position all the three contemners stated that they have started demolition work in Block ‘J’ at Baridhara on 23.8.2001 and it continued upto 30.8.2001. The contemners have annexed certain documents to show that the eviction process started on 23.8.2001 and it continued unabated till 30.8..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....ohammad Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the pla...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....hether up to the age of 35 years or 57 years and these. questions are questions of law since the answer to the first question depends upon establishing the terms of employment and then construing the relevant term or terms and the answer to the second question depends upon a consideration of the rel......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....power conferred by section 52 of the Bangladesh Agricultural Development Corporation Ordinance, 1961 read with section 9 with the approval of the Government. 18. Two relevant regulations which will be referred to repeatedly in course of our judgment are Regulations ......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Motiur Rahman and others..............Appellants Vs. C......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)
.... under its articles of association to refuse registration of transfer of its shares is not absolute or uncontrolled and must be exercised bona fide and not arbitrarily. But this sub-section is not relevant in the instant case as it is a public company whose shares are traded in the Stock Exchang......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. ...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant Vs. Green Delta Insurance Company Ltd. and another .....................Respondents Judgment May 28, 2003. T......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)
....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 share holders. It may take any form that is thought......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. ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Nahar Shipping Lines Ltd. and another .............Petitioners &nbs...... 8. The High Court Division after considering the facts and circumstances and evidence of Mr. AM Chowdhury, FCA who under the instruction of Ashraf Ahmed had deposed after examining certain documents that the projection shows significantly higher income than the audited accounts. He ..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)
.... 'debts' or. 'Securities' in respect of which a succession certificate can be granted. 18. The Patna High Court was of the view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act, especially sections 370 to 381, there did not seem to me......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. ......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR......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
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......hid, the learned Advocate for the opposite party appears to oppose the rule. 7. I have heard the learned Advocate for the opposite party and perused the impugned judgment and all other connected papers. The trial Court has considered the evidence of D.W.1 and recorded a clear finding that the d...... For the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dh......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
.... further argued that in view of section 6(b) of the General Clauses Act the respondent's application has to be considered under unamended section 7.
12. For proper adjudication of the matter the relevant ‑portion of section 7 of the Private University Act and section 6 of the General Clauses ......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.
...... Court
Appellate Division
(Civil)
Present:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent
Ju......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).
....ion 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, a complaint in writing of a relevant court is not necessary and there is no bar in initiating legal proceeding against the accu......the said mutation case to the Additional Deputy Commissioner (Revenue) Satkhira on 26‑11‑1984 for taking necessary action. The latter then issued a notice upon the appellant to submit his papers on submission of the aforesaid certified copy of the decree of Title suit No. 663 of 1979 the......898), 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, a complaint in w......unction against the Deputy commissioner, (Revenue) in Title Suit No. 183 of 1985, the latter, by influencing the police, started the false case against the appellant, alleging that he had used forged documents in the proceeding before a revenue Court. 5. The defence ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....rt Division in Writ Petition No.2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30. 1994. 2. Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific Of......তি” to the President; (b) that the appellant without obtaining permission from the competent authority made false allegations against superior officers of the Institute to the ministry, to newspapers and other authorities. The appellant submitted his reply to the show cause notice and thereup...... Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 20......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... his election is set aside by a prescribed procedure known to law. That a returned candidate must hold and enjoy the office and discharge the duties related therewith during the term specified by the relevant enactment is a valuable statutory right not only of the returned candidate but also of the ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Md. Fazlul Haque J Abdur Rashid (Md) ...............Petitioner Vs. Local Government Rural Development and Cooperatives, Local Government Division and others..........Respondents ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....etrospective effect inasmuch as the instant products were taken out of the customs area of the factory premises at a time before VAT Act came into force on 1-7‑1991 and enjoying exemption under the relevant law as it was, so imposition of VAT on those finished goods at the stage of delivery from, ......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......
SJR Mudassir Husain J
AS Ahammed J
Anowar Steel Mills Ltd...........Petitioner
Vs.
Secretary, Ministry of Finance, Internal Resources Division, Government of Bangladesh and others ….... Respondents
Judgment
January 26, 2003.
The Value Added Tax Ac......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....tion with the purchase. On a plain reading of the charge sheet it appears that the only definite and effective charge against the applicant is that he did not bring to the notice of OP No. 3 the relevant rules and regulations that for the local purchases of the huge quantity of the Lithu papers......ent to stoppage of 3 annual increments for 3 years. 3. The appellant went on appeal before the AAT. The AAT upon observing "It will appear that for the purchase of the Lithu papers a Tender Committee of which the applicant was the Member Secretary was formed by the OP No. 3...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ......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
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....d Code. The learned Attorney‑General is aggrieved by the direction in making some of the Rules absolute and discharging the rest as those are uncalled for within the scheme of the relevant sections." 6. In sum, the grounds on which the leave is granted are that t......Sessions Judge to form his opinion. He further points out that a list of documents was filed before the Additional Metropolitan Sessions Judge but the High Court Division was misled as all the papers were not produced before it. 15. He has also pointed out that no such ground was tak...... Ed. ......e reasons behind the High Court Division giving direction for fixing a separate date for taking steps under section 265C of the Criminal Procedure Code. The reasons being‑in a normal FIR case documents are brought before the court on the basis of which the court forms its opinion and the a..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....erusal of section 339C(4) we are of the view that even in a non‑bailable offence the accused is entitled to be enlarged on bail unless the Court decides otherwise assigning reasons which are relevant to the fact of the case. In that view of the matter the High Court Division acted illegall......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. ...... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan......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
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....Fifth Court, Dhaka in Title Suit No. 188 of 2002 which summarily rejected the application under Order XXXIX rules I and 2 of the Code of Civil Procedure. 2. The facts relevant for disposal of the case, in short, are that on 10‑8‑2002, the plaintiff, as an...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Judgment...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ......A Dhaka for realisation of money amounting to Taka 26,06,933 before the learned Subordinate Judge, 5th Court, Dhaka. The respondent Union Bank Ltd. claimed that it had negotiated two sets of export documents (bills) namely FBP‑FAFB 108/95 and FBP‑KHII 1414/95 under two letters of cred..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... 209, 8 BLC (AD) 67. ......s, especially without the aid in evidence of microscopic enlargements or any expert advice". In the aforesaid case in the background of contention as to genuineness of endorsement and writing in some documents the appellate Court to arrive at the decision in respect of the subject matter of the suit..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
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