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Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... pillars of the Constitution cannot be changed by amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivable that by its amending power the Parliament can deprive itself wholly or partly of the plenary legislative power ov......n Civil Appeal No. 42 of 1988) Jalaluddin....................Appellant (In Civil Appeal No. 43 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary to the Ministry of Law and Justice, Bangladesh Secretariat, P.S. Ramna, Dhaka & other ……...... jurisdiction for the Supreme Court which has jurisdiction over the entire territory of Bangladesh including water and air. The concept of assigned area is repugnant to the Constitution and has practically created mini High Courts. Articles 44 and 102 of the Constitution conferred jurisdiction of th......this article namely, Article 7. When supra-constitutional authority suspends the Constitution and while reviving they do it partially on careful selection. Article 7 stood revived on the first day of meeting of the Parliament. 208. Pending proceedings. The Attorney-General argued that pending..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....= 7-1/2). In clause-3 of the Mortgage deed the borrowers stipulated to pay enhanced rate of interest with the increase of bank rate. 7. The Government by its order dated 20.1.82 in exercise of its power conferred under Article 21 (10) of P.O. No.7 of 1973 enhanced the rate of interest for Multi...... article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgag......িলা করিতে হইবে।” Clause 14 clearly shows that this proposal is subject to the conditions mentioned in clauses 3, 4, 6 and 9 which must be fulfilled. Clause 14 specifically mentioned if the aforesaid conditions are not fulfilled within three months from the date of t......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......epresentation. A little extension of the wellknown rule of natural justice, audi alteram partem — no one should be condemned unheard — does not permit this. Such adverse remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-e......s against him were not established and he was exonerated by the competent authority. 5. In the affidavit-in-reply the appellant alleged that the Chief Engineer (Countersigning Officer) made some uncalled for remarks in his A.C.R without any basis and foundation but his reporting officer (Execut......activities and recommending for promotion. It was also alleged that the only impartial and outside member of the selection board, namely, the Joint Secretary, Ministry of Works was not present in any meeting of the selection board and he was intentionally kept away from the meetings. It was furthe..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....shad because of their position and status." The learned Judge further mentioned that concept of "Acting Chairman" has been brought into this Ordinance for a limited purpose namely, to exercise such powers and discharge such duties of the office of the Chairman which are necessary to run the proper......ate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-General with B. Hossain, Deputy Attorney General, instructed by Mr. M. R. Khan, Advocate-on-R......pazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and Vacation of office) Rules, 1986 called hereinafter Upazila Parishad Rules. 2. Facts are as follows:- Chandina Upazila comprises o......oconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- ..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... Appellant. M.R. Khan, Advocate-on-Record—For the Respondent Criminal Appeal No. 23 of 1987. Judgement: M.H. Rahman J. — The appellant along with co-accused Firozur Rahman was put to trial for commission of offence under section 420 of the Penal Code and read with section 5(2) ......f the Penal Code and read with section 5(2) of Act II of 1947. 2. The prosecution case, in brief, is that the co-accused Firozur Rahman, a contractor, furnished a security of Taka 30, 0007- by a call deposit, C.D. Receipt No. 797791 dated 6.7.1976 issued by the Sonali Bank, Sirajganj for cons...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....aside as not being permitted by law. 4. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General, who appeared to oppose the appeal, has submitted that in appropriate cases the court has got power, and in fact has exercised power, granting bail on some reasonable condition. He has submitted......ourt Division………………..(4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal A......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..Category: Criminal Law | Date: | Hits: 53
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105...... & others.............................................Respondents Judgment July 21, 1987. The Code of Civil Procedure, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in ...... to the facts of the case that the plaintiff instead of being benefited in any manner will be driven to a fruitless litigation if the restoration is allowed. The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. ......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquir...... Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been g......on to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of result, review etc. on the...... A Union Parishad shall consist of a Chairman, 9 elected members and 3 women members (Section 5). Term of the Union Parishad shall be for a period of three years commencing on the day of its first meeting after its constitution. The delimitation of wards is to be done by Officers appointed by the..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....cise Act 1909 having been amended by the Finance Ordinance 1983 substituting. "Deputy Controller" of Narcotics and Liquor for ‘Deputy Commissioner', the Deputy Commissioner ceased to have any power and authority under the Excise Act to pass the impugned order. The order was also alleged to b......tion 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for prese...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......because of a public demand in that behalf. We have been shown an extract from a communication made by the Deputy Commissioner, Sunamganj that "there is persistent demand of the local leaders in the meeting of District Law and Order Committee to close down the liquor shop or shift it elsewhere far ..Category: Others | Date: | Hits: 125
....t clash with public duty.
8. Local Authority, although representative bodies chosen by adult franchise, have not the autonomy of the parliament. Indeed they are dependent on Parliament for their powers. The powers of a local authority derive from statutes and they are exercised subject to t...... 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co....... down the functions of the Election Commission. The functions are preparation of Electoral Rolls for all elections to the office of President and to Parliament, delimitation of electoral areas, called constituencies, in respect of election to Parliament and conduct of such elections. Under Art......d to a Union Fund shall be applied in the following order of preference:-
First, in the payment of salaries and allowances to the officer and employees of the Union Parishad;
Secondly, in meeting the expenditure charged on the Union Fund under this Ordinance;
Thirdly, in the fulf..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....on. They contended that the suit was barred by limitation, principles of waiver, estoppel and acquiescence, res judicata and non joinder of parties. It was contended that N. L. Sinha was given full powers by the Zonal Board of Directors including power to transfer any property of the bank, that ......& ors.........................Respondents Judgment June 25, 1980. The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its in......r the plaintiff do not comply with the requirements of law." On perusal of the plaint we find that this contention is not borne out by facts, Paragraphs 6 and 11 of the plaint have been specifically devoted to the allegations of fraud and collusion. It has been stated in the plaint that Mr. N......inability to meet the demands of its creditors the bank closed its business and sought moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly approved in a general meeting of the creditors. The Court sanctioned the Scheme of Arrangement by an order dated 4th Augus..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....s any error of law or procedure committed by the court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does not include power to review the evidence to come to a finding of its own......he court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does not include power to review the evidence to come to a finding of its own on a question of fact, but the High Court can......n second appeal is certainly justified. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. A finding which is inconsistent with the evidence on record must call for interference is second appeal. Again if a decision of the lower appellate court consists ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....inance e.g. I.R. Ordinance, 1969." 10. In Criminal matter for the purpose of trying an offence under the I.R.O., it is provided that a Labour Court shall have the same powers as are vested in the Court of a Magistrate First Class under the Criminal Procedure Cod......ur Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions under the Code.” Thus from a sentence passed by the Labour Court ap......n such appeal shall be final, Subjection (4) then provides: "all decisions of Labour Court, other than awards referred to in sub-section (3) of section 36 shall be final and shall not be called in question in any manner by or before any court or other authority." In other words th......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....58) The Court is not always bound by what is provided in the contract itself but the matter of awarding interest is within the complete discretion of the Court…….(64) The Court has been empowered to grant interest from the date of the suit to the date of the decree and then on the full a......ali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed or ignored on the plea that the security on the basis......4 passed by the Subordinate Judge of 3rd Court, Dhaka on September 30, 1980. 2. Facts as stated in the plaint show that on November 29, 1974 plaintiff-respondent No. 1, Sonali Bank, (which I will call "The Bank") instituted the suit against the appellant, M. M. Ispahani Ltd. (which I will call "......of the Government or the Corporation for taking over the jute stocks as well as not returning them to or non-resumption of the Jute Division by the company. On the other hand, from the minutes of the meeting held in the Chamber of Kazi Anwarul Haque, Adviser-in-charge of the Ministry of Jute held on..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
.... "The setting up of a statutory corporation amongst others under the President's Order 27 of 1972 in the name of Bangladesh Jute Mills Corporation having some controlling power over the nationalized company did not destroy the corporate character of the company. That b......lationship between the plaintiff and the defendant being that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the employer has the right to dismiss the servant when the domestic Tribunal has recorded such a finding……..(4)&......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....urt will exercise the discretion conferred upon it by the provisions of the Order 6, Rule 17, C.P.C. the Judicial Committee of the Privy Council bad the occasion to consider the limits on the Court's powers to amend the case of Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 922 PC 249 corresponding to ILR 48 ......cedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of a......6 Madrass 289 a Division Bench surveyed the entire law on the subject and observed that even in the case of sons of prostitute or dancing woman the paternity is unknown and it is only euphemism to call them illegitimate sons. The Court observed: "People who have been in In......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....y on the record and come to the conclusion that there is apparent some inherent lacuna or defect which hinders the due administration of justice. If it comes to this conclusion, then it has the power to call for additional evidence subject to the condition that it must record its reason......& ors.............................Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the r......e application for additional evidence without giving any reason. 4. Syed Ishtiaq Ahmed, Counsel for the appellants, submitted that in view of the ground taken by the appellants specifically in their written objection regarding the sub-division of the tenancy concerned and also ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....in accordance with law. The receiver is appointed under Order 40 rule 1(a) and Clause (c) and (d). The properties is given to his possession, custody and management and the Court confers such power as emphasised in clause (d). The receiver is therefore an officer of the Court, is a public o............Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the cust......e opinion that the accounts of the Receiver must be re-checked and reopened by a qualified accountant notwithstanding that some of these accounts may have been passed by the Court after the so-called checking by Sheristader. 14. Next as has been mentioned, Rule 3 of the Order 40 enj......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....nce the duly appointed mutawalli has been in office and unless this existing, mutawalli is removed there is no scope for appointing an official mutawalli. Secondly, Mr. Hussain argues, section 44 empowers the Administrator to appoint only one person an Official mutawalli; it does not provide for......ed Mohsen Ali J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The ......) The order of the Administrator under section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) Lawyers Involved: S.M Hussain, Senior Advocat......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
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