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Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....hall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding the suit." 11. On a close reading of the said provision it clearly shows that in such circumstances a fresh suit in respect of the same cause of a......sh suit on the same pleadings for the same reliefs on giving a different cause of action having no basis of substance to substantiate the same but only for the purpose of overriding or surpassing the law and the learned trial Court committed an error in rejecting the application for rejection of the..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fra...... of shareholders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3 and appellant No. 5 and they are still lawfully holding the said, 200 paid up shares in the company, but Tofayel Ahmed fraudulently omitted..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....nt of a receiver of a car till disposal of the suit for recovery of a motor car pledged by the plaintiff to the defendant could be made, this Court held, inter alia, that: "The provisions of the Code are ordinarily meant to serve the ends of justice but it sometimes so happens......aside its order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or tribunal ca..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
.... started against the accused petitioner being an abuse of the process of the court the same is liable to be quashed. 6. As against that it was contended on behalf of the complainant that provisions of Negotiable Instruments Act do not bar the Attorney of the payee in filing petition of ......having a special power authorising him by Anwarul Islam to do everything necessary for him to do in respect of his cheques..............that Gulzar Rahman, being a duly constituted Attorney under the law of Power of Attorney Act, is competent to file the complaint‑petition in Court and to do a..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
..... and Mr. AS Mahmud alleging it to be malafide and not authorised. The petitioners further claimed in the writ petition, that the licence agreement was signed in accordance with the provision of section 4(1) of Telegraphy Act, 1885 and section 5 of Wireless and Telegraphy Act, 1933......ple in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....ons contained in the plaint and stating, inter alia, that DIT does not recognize any agreement to transfer DIT lands without prior permission and without paying the transfer fee as per mandatory provisions stipulated in the lease deed. 4. The defendants No. 3 Ministry of Public Works ......eed in respect of the suit house, if read together, imply that prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
.... as provided in the said contract in the plaintiff refers the same for such Arbitration hence, the present suit is incompetent and the further proceeding of this suit is liable to be stayed under the provision of section 10 of the Act, 2001 and the plaintiff should therefore, refer their claim to th......hat the merit is open for arbitration and committed gross illegality in staying all further proceeding of the suit. The learned Counsels further submitted that the High Court Division was in error of law and fact in holding that the arbitration clause would be still subsisting without considering th..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....ery said case Mr. Justice Latifur Rahman (as he then was) while agreeing with the judgment of the court written by his Lordship the Chief Justice has observed "In the Arbitration Act there is no provision which confers power on the court to grant interest prior to the date of the decree by the...... granting of interest by an Arbitrator on the awarded amount this Division reached the following conclusions:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....e Artha Rin Adalat Ain, 1990 (IV of 1990), Section 5(A) The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 90 The petitioner could avail of the provision of Order XXI rule 90 of the Code of Civil Procedure in setting aside the auction sale on ......sdiction and the petitioners instead of availing the alternative and efficacious remedy as provided by the Code have directly come before this Court by way of writ petition which is clearly barred by law. Hence the writ petition is liable to be dismissed on the ground of maintainability. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
.... 26. As for the learned Advocate for the appellant’s submission that in the fact and circumstances of the case the sentence passed by the trial Court is too harsh and the same may be reduced as per provision of section 423 of the Criminal Procedure Code, we are of the opinion that though as per th...... the said Ain was made out. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge under the aforesaid section of law and read it over to the accused in the dock to which he pleaded not guilty and demanded trial. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
.... 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' list published on 23 September 1986 under the provision of Ordinance No. LIV of 1985. The petitioner unsuccessfully moved the Court of Settlement,......mpugned judgment of the High Court Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' lis..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....e instant appeal before this Court. 3. Mr. Mujibur Rahman, the learned Advocate for the accused appellants, submits that the framing of charge by the Special Tribunal without complying with the provisions of sections 87 and 88 of the Code of Criminal Procedure is illegal and, as such, the imp......hly illegal and, as such, the impugned order dated 6‑9‑1998 of framing of charge against the accused appellants without return of service under sections 87 and 88 of the Code is not tenable in law and liable to be set aside. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate for the add..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......r P.Ws. as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set aside. We find merit in the appeal which must su..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....e the Rule absolute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in accordance with the provision of law and no illegality has been committed by the Advisory Board in passing its opinion. ......solute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in accordance with the provision of law and no illegality has been committed by the Advisory Board in passing its opinion. The grounds o..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ded the evidence of PW 2 on the ground that he was the solitary witness as to the possession of the suit land in support of the plaintiffs case of possession since 1963, completely overlooking the provision of section 134 of the Evidence Act and further fact that the plaintiffs possession was ne......ule to Exhibit 1 is of the District of Noakhali. A registered document carries presumption of correctness of the endorsement made therein and that one who disputes the said presumption is under the law required to dislodge the correctness of the endorsement in the registered document. Exhibit I ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....or their retirement from service after completion of more than 25 years of their service without any stigma or fault with them, under section 9(2) of Public Servant Retirement Act, 1974. This provision of law provides that the Government has got authority to retire a public servant on compl......have arisen out of the same impugned judgment and order dated 10‑8‑2000 passed by a Division Bench of the High Court Division whereby it discharged the Rules. Since a common question of law is involved both the leave petitions are taken up together for hearing and are disposed of by t..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....e petitioner although partial payment was made on various dates showing a total payment of Taka 60,000. It is further stated on behalf of the respondent-company that apart from the petition under the provisions of the Companies Act praying for winding up, the petitioner also filed a case under secti...... served a notice on 2nd June, 2001, under section 138 of the Negotiable Instruments Act, 1881, demanding repayment within 15(fifteen) days and secondly, on 4th June, 2001, served a notice through his lawyer upon the company under section 242 of the Companies Act, asking it, to repay its debt of Taka..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....tions made in the charge against the accused appellant does not bring the offence within the mischief of the aforesaid sub-section (2) of section 10 of the Act but it may come under any other penal provision of law. The omission of the expression “যৌতুকের জন্য" which is a v...... submits that there having been no evidence to substantiate an attempt to murder, the impugned judgment and order of conviction and sentence under section 10(2) of the aforesaid Act is not tenable in law in the facts and circumstances of the case and, as such, the appeal should be allowed and the ac..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
.... 4. Mr. Fida Kamal the learned Additional Attorney-General for the petitioner, has submitted that the notices dated 24-12-1987 and 17-1-1988 having been issued legally and in accordance with the provision of law, the High Court Division erred in law in declaring the same to have been made witho....... AP14/Dhan‑7/817/206 dated 24‑12‑1987 and Memo No. Sec. AP14/Dhan-7/87/21 dated 17‑1‑1988 (Annexure B and E respectively to the writ petition) to have been made without lawful authority and of no legal effect. 2. Respondent No. 1 filed the writ petition im..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......rcumstances, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of the Penal Code and so the High Court Division fell into a grave error of law in upholding the conviction and sentence of the petitioners under sections 468/109 of the Pena..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
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