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City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......l) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners V...... by its own directors. A corporate body like a banking company which has a major share holding interest in respondent No. 6 company cannot but be represented by nominees. A corporate body is not a natural person but an artificial person. As the Government is represented in the Board of Directors..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R......al fact that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 subsequent act of defendants are illegal and violation of natural justice, the defendant Nos. 1,2 and 3 fraudulently in connivance with each other to grab the..Category: Property Law | Date: | Hits: 77
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... Mullick, 52 Ind App 245: (AIR 1925 PC 139) and Kanhaiya Lal vs. Hamid Ali, 60 Ind App 263: (AIR 1933 PC 198) that apart from a shebait, under certain circumstances, the idol can be represented by disinterested persons. 11. In Bishwanath vs. Thakur Radha Balladhji, AIR 1967 (SC) 1044 the......p;………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any interest, in that position a devoted......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....g the events to which such testimony relate.” The High Court Division relies upon the corroborating evidence of PW 18, the first investigating officer, accepts PW 12 Abdul Haque Bhuiyan as a disinterested and natural witness and gives a finding that they strongly corroborated the testimoni...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........ich such testimony relate.” The High Court Division relies upon the corroborating evidence of PW 18, the first investigating officer, accepts PW 12 Abdul Haque Bhuiyan as a disinterested and natural witness and gives a finding that they strongly corroborated the testimonies of PWs 1-11 and..Category: Criminal Law | Date: | Hits: 80
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144....... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th......on the finding that if during the pendency of the Money Suit of the respondent sale takes place under Article 34 of BSRS Order and if the Mill is sold then that will be violative of the principles of natural justice. 9. The order of the trial Judge was upheld by a Division Bench of High Court Di..Category: Business or Commercial Law | Date: | Hits: 124
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....odged a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinterested eye-witnesses to the occurrence and relying upon their testimony held that the oil t......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ly possessed disciplinary powers over vessels under their command and in that sense they were Sea Magistrates. They had to determine dispute in regard to the capture at sea of enemy property. By a natural evolution they also became Arbitrators in Maritime disputes. The learned Advocate submits t..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others&hell......served with a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle of natural justice The notification up grading the post of Sheristader came into force on 7-11-85 The ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
.... arrest on 10-10-1993 after one year of the occurrence on 26-10-1992 and, as such, conviction of the appellant under section 302 of the Code is not illegal. He further submits that PWs 1 and 3 are disinterested witnesses and PW 3 is not a chance witness and, as such, trial Court as well as the H...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half......ouse of the victim from his village home to join his service in the Army. At the time of deposing in Court he was serving as a Sepoy in the Army. We have seen his evidence which appears to be most natural. In our view, he cannot be termed as a chance witness to discard his evidence. Though there..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ......answered by this Court in Mujibur Rahman vs. Bangladesh, 44 DLR (AD) 111 in the following terms; “Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution,..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T......not impressed by the submission of Mr. Amir-ul Islam that the protection of Article 135 is redundant for the subordinate judiciary, because a part of the protection may be covered by the principle of natural justice, but the provision for a second show cause notice cannot be covered without the prot..Category: Constitutional Law | Date: | Hits: 829
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ......ly with the requirements of sub-clauses (3) and (4) of Paragraph 45 of the First Schedule of the Dhaka University Order and Regulations, 1973. The resolution is thus violative of the principles of natural justice as the respondent was not heard at all before adopting the impugned resolution. As ..Category: Constitutional Law | Date: | Hits: 201
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......D) (1997) 177. ......spension and cancellation of the licence, dated respectively 15-9-93 and 26-2-94 (Annexure-“C” and “H” respectively to the writ petition) mainly on the ground of violation of the principle of natural justice in that there was no show cause at all in the first case and there was no effective ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitioners ...... among the 73 directly recruited Class-1 Officers have added themselves as parties in the Tribunal cases, but the rest have not. We do not think that it will be in consonance with the principle of natural justice to deny them a hearing when a question of seniority is being raised 15 years after ..Category: Administrative Law | Date: | Hits: 159
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......n “The Measure of Damages on Tort” and submits that both in tort and contract the measure of damages was previously expressed in terms of consequences being “direct”, “natural”, “necessary”, “probable”, “proximate”, “pr..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......51 ......e find no substance in any of the contentions for the following reasons: First, the revisional power of the High Court Division is supervisory power which may also be exercised suo motu. The natural corollary would be that the High Court Division is not obliged to hear the parties before p..Category: Property Law | Date: | Hits: 71
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......ppellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Md. Abdur Rouf J
Md. Ismailuddin Sarker J
Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others …………......nstance of the respondents.
3. The High Court Division by the impugned judgment and order dated 9 May 1994 observed that the impugned actions of the petitioners were violative of the principle of natural justice inasmuch as the respondents were not given any opportunity to show cause before taki..
Category: Others | Date: | Hits: 128
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h......ause there was proof of a bona fide intention to give, and that intention was established. In course of the judgment their Lordships observed: “The purchase of this property was a very natural provision by Baqar Ali for the daughter of his favourite wife and though there may be no pr..Category: Procedural Law | Date: | Hits: 140
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2......ology. In the writ petition the activities of FAP, FAP 20 and the FPCO have been impugned un he ground, inter alia, that the said activities would adversely affect more than a million human lives and natural resources and the natural habitat of man and other flora and fauna and that they aroused wid..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....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. ......sh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another……………………………....... to whether the amount signed was actually due when the amount was not admitted or determined by an authorised person; that Section 10A of the Public Demands Recovery Act violates the principle of natural justice and it offends Articles 27 and 31 of the Constitution. The learned Judges, without ..Category: Business or Commercial Law | Date: | Hits: 150
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