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AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......; December 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......vary or revoke any condition of service of a person employed in the service of the Republic.” 10. To provide for the reorganization of the services of the Republic and of public bodies and nationalised enterprises and for prescribing unified grades and scales of pay and other..Category: Administrative Law | Date: | Hits: 140
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......ip;………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record — For the Respo...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......Court of Appeal under section 30 of the Special Powers Act. It will confine itself to the jurisdictional issues that are usually associated with judgments of inferior Tribunals and quasi- judicial bodies. 15. That takes us to the first point on which leave was granted. Mr. M A Wahhab Miah..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………&he...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
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. ...... 8 Absolute trust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ......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. ......rom exploitation—a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Part II of it embodies the Fundamental Principles of State Policy. Article 8(2) mandates that the principles set out..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......r 27, 1997. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with opportunity to defend and when such delinquent being dismissed with due approval of the president and ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....rest in full. Respondent No.1 thereafter applied for loan in the year 1982 and the appellant-Bank again sanctioned Taka 29.50 lakh against pledge of potatoes. In 1981-82, respondent No.1 suffered a business loss and consequently it failed to repay the loan with interest. In the year 1983, the app...... March 1, 1998. The Public Demands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appea......e Public Demands Recovery Act. Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of dues in respect of Bangladesh Krishi Bank including other Government age......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. ..Category: Business or Commercial Law | Date: | Hits: 150
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....l from the order. 2. The complaint case briefly, is that the petitioner (accused No. 1) and three other accused who are inter related were engaged in practice of fraud in the name of business. The complainant and accused Nos. 3 and 4 were at Jeddah on 19 September, 1994 to be emplo......ent Court to take cognizance of the offence……………(6) Lawyers Involved: Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Crimi......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....ereto, hereby agree as follows: 1. The Bangladesh Petroleum Corporation shall purchase the entire stock of refined petroleum products held by Meghna Petroleum Limited at the close of business on 12 November, 1979 at the existing transfer price from the MPL and resell the same to...... July 29, 1997. The Income Tax Act, 1922 (XI of 1922)Section 23(3) read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....er 3, 1996. The Penal Code, 1860 (XLV of 1860), sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance amount to the petitioner...... CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rafique (Md) ………………… Informant-Petitioner Vs. Syed Morshed Hossain and another………&hel......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
....um and articles of association, that the meeting and resolution dated 7-1-95 was prima facie invalid, that if the injunction was granted this would not in any way create problem in the running of the business of the company, particularly the publication of the newspaper, the daily Ittefaq, and that ......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Pu......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ing the basis and foundation of this power, inviting the Courts to open their eyes on the provisions of Article 102(4) of the Constitution. 2. The writ petitioner-respondent No. 1, a businessman, imported ten used motor cars from Japan opening Letter of Credit on 29-5-97 under invo......……...Respondents Judgment August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case.......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....st week of the next month, according to English calendar. He defaulted in payment of rent since March, 1986. The suit premise is required for his personal use and occupation for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on ......tifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses Act,...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....out of time 81 days and no satisfactory explanation has been offered for the delay. 3. Acqua Foods Limited and its Managing Director were the writ petitioners who have been engaged in business of processing and exporting shrimps to foreign countries since 1982. In 1995 the writ peti...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Gover......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ilt. We hold that the appellant Airport Manager in view of the circumstances noticed by High Court Division must have had knowledge that the two foreigner-appellants were engaged in the clandestine business of carrying gold and that they needed a exit through the Airport for which the service of ......ate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....has a freezing plant at Chalna Bazar Khulna established in 1986 and the appellant has been engaged in processing, storing and exporting shrimps and prawns to foreign countries. For carrying on the business, the appellant obtained loans from respondent bank against pledge and hypothecation of shr......of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stor...... the main argument of Mr. A R Yusuf cannot be accepted. 18. In “The Insurance Act, 1938” there has been an amendment by Ordinance No. XXV in 1970 wherein section 47B has been incorporated which allows granting of interest. This granting of interest is under the statute itself......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moon Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign Exchange Corporate Branch and others …….Respondents Judgment October 20, 1997. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....the four children were born Out of their marriage. It has been asserted, inter alia, that their marriage was solemnised according to Islami Sunna in England. Respondent No. 1 was running a restaurant business in London at that time and his wife being disgusted with the life-style of the teenaged chi...... Abdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as lo......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... for which they were constituted falls within the province of Rules of Business. Article 55(6) of the Constitution provides: ‘The President shall make rule for the allocation and transaction of the business of the Government.” These rules of business, by themselves, are not the origin and source......…………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secret......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... (2) To consider the proposals processed through the Superior Selection Board for promotion to the posts of Joint Secretary and above and to the posts of Depart- mental Heads, Heads of self-governing bodies and Members and Directors of the Executive bodies thereof.” The formation of Council Com..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ng such prayer and must decide the matter on the strength of the facts of each case. A big company like respondent No. 1 could not be and should not be prevented from drawing its bills disrupting its business merely on a vague allegation that the defendants were trying to close down their business o......y 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....it was ever paid and the principal was recovered after six years after much persuasion; that respondent No. 1 also induced her to pay to respondent No. 1 Taka 2,00,000.00 for investment in his jute business promising to pay good profit but did not return the principal not to speak of profit; that ......aintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15)......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
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