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Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....asioning failure of justice. In 56 DLR (AD) 41 our Appellate Division has taken a view that there is nothing in Article 102 of the Constitution to preclude the High Court Division from exercising the power of review. The facts are quite distinguishable. This decision has no manner of application i......gain for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahm...... Abul Kalam Chowdhury Advocate—For the Petitioner. Abul Khair, Advocate—For the Opposite Parties. Civil Revision No. 443 of 2006. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31 of the Code. Accordingly, trial Court's judgment and decree are resto......ee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: L......es — For the Petitioners. Md. Aminul Haq Helal, Advocate — For Opposite Party No. 1. Civil Revision No. 4386 of 2002. Judgment SM Ziaul Karim J.- This Rule was issued, calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 17-6-2002......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......nance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......missioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ng the advantage of being a clerk of the sub-registry office in collusion with the sons of Jashoda Sundari Roy, namely Profullah Kumar Roy and Samar Chandra Roy, created a false, forged and antedated power of attorney being wilfully aware about the agreement of the plaintiffs and also created 4 deed......…..Petitioners Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers invol......f the appeal and the said order was in force and, as such, the learned court below committed an error of law in entertaining another application on the self-same matter and hearing the same without recalling the earlier order dated 21-5-1998 and without disposing of the earlier application. He furth......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....td), submit that they have nothing to add further on the point of law so advanced by the learned Advocate for the respondent-Bank in other two Writ Petitions. 20. However, the Government has filed power in all the writ petitions but they did not come forward with any affidavit-in-opposition nor......ents (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....ts that the petitioner admitted in his statements that he worked in collaboration with his controlling officers in collecting spot quotations and issuing work orders which was completely beyond their power and the petitioner being an employee of a local authority cannot act illegally on the basis of..........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate......For the Petitioner. AK Hakim with AKM Shakhawat Hossain, Advocates —For Respondent Nos. 1-4. Writ Petition No. 3852 of 2003. Judgment: Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. ৫৬/ পাউবো/শৃং...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....awful authority and of no legal effect and also the provisions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated in Articles 8(2) and 20......same cause of action are being disposed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date......btained the present Rule from different perspective, mentioned above and the proceeding of the suit has been stayed. 4. However, in Writ Petition No. 6057 of 2005 a Rule Nisi has been issued calling upon the respondents to show cause and as to why the provision laid down in sections 2 (ga......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......agreement dated 15-6-2004 that TRI shall transfer its shares in the Company to the petitioner ISL and thereafter, the petitioner shall transfer 100% shares of the Company to an Egyptian Telecom giant called Orascom Telecom Limited. Said settlement was followed by a supplementary agreement dated 28-8......petitioner shall transfer 100% shares of the Company to an Egyptian Telecom giant called Orascom Telecom Limited. Said settlement was followed by a supplementary agreement dated 28-8-04 and a Board meeting and an EGM dated 2-9-2004. One of the conditions for completion of the transfer of shares ..Category: Business or Commercial Law | Date: | Hits: 178
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....ugh section 283 of the Succession Act does not render it obligatory on the District Delegate to issue any special citation, yet it is not only desirable but necessary in the ends of justice that this power should be exercised when it appears that some of the heirs whose interests are affected by the......tion under section 263 of the Successi on Act on 18-11-85 for revocation of the Letter of Administration before the learned District Judge on the allegation that the grant was obtained by resorting to forgery. The testator Harinath Majumder did not execute the will in favour of Surendra Nath Biswa......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....te Court held that "jurisdiction of the Artha Rin Adalat has been created with a particular object for recovery of the loan and to that effect it is deemed to be a Civil Court, but it has not all the powers of the civil Court. "In the civil petition for leave to appeal the matter has been dealt with......in J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for heari......ussain Khan, Md Ziaul Haque, Advocates—For the Opposite Party. Civil Revision No. 4105 of 2005. Judgment Md. Arayesuddin J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the ......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....pect, it is repelled." 24. We have closely read the aforesaid decisions particularly those of the Appellate Division. We find in the case of A. Hannan only the scope of section 19 of the Act empowering exemption was considered. It is also noted that after said decision, section 30A was insert......angladesh represented by the Secretary, Ministry of Finance and others……...Respondents (in all the writ petitions) Judgment July 30, 2007. Cases Referred To- Collector of Customs vs. A Hannan, 42 DLR (AD) 167; Collector of Customs vs. Ahmed Hossain, 48 DLR (AD) 19......ady stated that the bill of entries were submitted before the proviso came in and therefore, it is not applicable. We have already stated that it is neither increasing or decreasing. It can be called a withdrawal of the exemption. So, it is very much within the jurisdiction of the customs a...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....d Dawratul Hadith Course while doing Fazil Course. Under such circumstances, the Vice-Chancellor stayed the earlier decision of the Syndicate regarding appointment of the petitioner by invoking his power under section 12(8) of the National University Act, 1992 and placed this matter for considerat......……………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead hi......Advocate—For Respondent Nos. 1,2, 4 and 5. Writ Petition No. 4281 of 2005. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause why the action of the respondents in refusing to accept t......mely, the Vice-Chancellor and the Registrar in charge of the National University, to certify and transmit (i) the record of the Selection Board constituted on 9-2-2005 (ii) minutes of the Syndicate meeting held between 9-2-2005 and 22-2-2005 for the purpose of appointment of Assistant Professors..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....a only with the jurisdiction to hear and dispose of such application for succession certificate, learned Additional District Judge held that learned Subordinate Judge, Arbitration Court, Dhaka had no power to hear and/or issue any succession certificate. Accordingly, order issuing succession certifi......n purportedly under section 372 of the Succession Act, 1925 in the 3rd Court of Subordinate Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Ad......Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. Cases Referred to- Sultana Jute Mills vs. Agrani Bank 46 DLR (AD) 174; Civil Revision No. 3542 of 1992 Carabean ......t that relevant time the opposite parties could not attend the court on 17-3-93 exercised that power Mr. Mahmud next submits that revisional jurisdiction of the High Court Division having been specifically excluded by section 6 of the Artha Rin Adalat Act and further in the case of Sultana Jute Mill......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....issed. 4. As the trial of the suit commenced on 22-2-97, one Nur Mohammad, the constituted attorney of the plaintiff was examined as P.W. 1. The defendant challenged the genuineness of the alleged power of attorney on the basis of which Nun Mohammad acting as an attorney deposed on behalf of the ...... possession in the suit property or in any way interfering with the peaceful possession of the plaintiffs therein. The plaintiff’s case, in short, is that the suit land measuring 1.59 acre belonged to Syed Mesbahuddoza, Syed Anwaruddoza and Chowdhury Md. Ilyas. Chowdhury Md. Ilyas died leaving son......section 138 of the Evidence Act which reads as follows: “Order of examination: Witness shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. The examination and cross-examination must relate to relevan...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....able for the company to call the annual general meetings. Powers conferred by the aforesaid sections, namely, sections 81(2) and 85(3) are not exclusive but supplementary to each other. Moreover, the powers are neither formal nor procedural and the jurisdiction conferred under these sections is also......herefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......udgment Md Joynul Abedin J. - This is an application seeking direction on the petitioner Tahmid Ahmed, a share holder-director of The Bengal Glass Works Ltd, a public limited company (hereinafter called ‘the Company’) to hold Annual General Meetings of the Company for the years 1982 to 1997 ......d, a shareholder-director of the Company, filed the aforesaid application for holding the Annual General Meetings of the Company for the years from 1982-1997 after condoning the delay in holding such meetings. It was contended in that application that the Company carried on its business smoothly unt..Category: Company Law | Date: | Hits: 222
....tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803.......d by the High Court Division in Writ Petition No.6796 of 2001 discharging the Rule not being maintainable against order contained in Memo. No. Pa: Medical/A/Sa/61/222 (2) dated 16.08.2001 (Annexure-B to the writ petition) issued by the respondent No.4 alleged to have illegally declaring the appellan......ainst order contained in Memo. No. Pa: Medical/A/Sa/61/222 (2) dated 16.08.2001 (Annexure-B to the writ petition) issued by the respondent No.4 alleged to have illegally declaring the appellants physically unfit to do their respective jobs.
2. The facts involved in case, in short, are that the ap......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
....egulations, 2003 clearly shows that the regulations shall apply to all employee of the Bank and definition of the employee is noted in rule 3(1) (a). It appears that the General Manager has given power to terminate service of any employee as noted in the aforesaid rule and there is nothing in th......Advocate, instructed Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1 and 2. (In all the cases).
Not represented- Respondent Nos. 3-4 (In all the cases).
Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008.
(From the judgment and order dated the 23rd day of ......id proposal. Thereafter, the Joint Manager of Bangladesh Bank, Motijheel Branch, by an order of বরখাস্ত (termination of service) on 30.10.2003 was given to each of the petitioner. Practically by this order the petitioners were dismissed from their service in the name of termination fro...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
.... in appeal, framed a new issue which did not arose on the pleading, he acted wrongly." 14. Furthermore, though Order 6 Rule 17 of the Code of Civil Procedure conferred upon the Court a very wide power but it must be exercised in accordance with legal principles. Thus, under no circumstances, ......e case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and Norendra Chandra Barman. Gopal Chandra Barman built up 2 shops in 0100 a......ly relieved by compensation in money and that the breach of a contract to transfer movable property can not be, thus, relieved. 9. From the above, it is crystal clear that a contract may be specifically enforced by way of specific performance, wholly or partly, of a trust on proof of the contra......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
....posal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115 (1) of the Code of Civil Procedure. We find no merit in the Rule, which must......s Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case Referred To- Bangladesh Shilpa Rin Sangstha Vs. Fashion Wear Ltd., 1998 ....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107........ In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
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