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Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....thout any fraud. The other clauses of this section relate to the procedure for hearing the report by the High Court. 9. Similarly, sub-section (1) of section 196 of the Companies Act also empowers the official liquidator to make an application to the Company Judge stating that a fraud has......t Judgment. April 9, 1980. Lawyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules,......tion. Question raised by the learned counsel required the consideration of the provisions of section 66(1) of the Ordinance and also of section 196 of the Companies Act (which I will call 'the Act'). According to him, the appeal decided by the High Court Division did not fall withi......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....to the 4th column of the second schedule "for causing the accused to be brought or to appear at a certain time before such Magistrate". It will be noticed that section 202 gives the power for postponement of issue of process for the purpose of ascertaining the truth or falsehood o....... Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Si......putation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person or causes it to be believed that the body of that per......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....doned concern, though under the same management. Mr. Islam, the learned Counsel, however, urged that the order of removal could be passed under article 8(2) (8) of P.O. 16 but the power of removal under this article is that of the Government and not of the Administrator, Mr. Isl......r in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, hereinafter called P.O. 16, was placed under the appellant Bangladesh Freedom Fighters Welfare Trust statutory body set up under the provisions of President's Order No. 94 of 1972.The respondent was employ......vision passed in Writ Petition No. 578 of 1977. 2. The respondent was a Security Officer in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, hereinafter called P.O. 16, was placed under the appellant Bangladesh Freedom Fighters Welfare Trust statutory ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... Properties (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972). (c) The Bangladesh Oil and Gas-Corporation also known as "Petro-Bangla" in exercise of the powers vested in it by section 8 2) of Petroleum Act, 1974(Act No. LXIX of 1974) established ......lip;………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca…………………. Respondents Ju...... properties and assets of Pakistan National Oils Limited vested in it to the said Company against issue of shares to the Corporation. 7. Due to certain circumstances it was not possible to call the Annual General Meeting of the Company within the stipulated time and the appellant as...... 1974, He submitted that Bangladesh Petroleum Corporation and the Company are separate and distinct person in the eye of law and therefore the Jamuna Oil Company are required to hold annual general meeting under the Companies Act, 1913. 9. The contention has substance. Jamuna Oil Company ..Category: Business or Commercial Law | Date: | Hits: 107
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....rticle 102 begins by saying that the High Court Division may give such direction or orders to any person or authority. The Counsel appearing for the respondents pointed out that the constitutional power is necessitated because the constitution says "as may be appropriate" for enforceme......ection which is as follows:— "In this connection it may be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remain in service shall be treated as on extraordinary leave without any pay from the date...... jurisdiction and is liable to be struck down. The learned Counsel contended that having made the rule absolute the High Court Division was functious officio and the direction was unwarranted and uncalled for. 4. The Water Development Board of the Government of Bangladesh has not challeng......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....d on June 5, 1980 by Prof. M.A. Haleem, Additional Secretary-in-charge, Ministry of Health and population Control retiring him from service with immediate effect. The notice was served in exercise of powers conferred by sub-section (2) of section 9 of the Public Servants (Retirement) Act, 1974 (Ac......inistry of Health and Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of......ight and, therefore, such an order could not be termed as removal; and (viii) in the earlier case the Court rejected the allegation of mala fide and the appellant had not alleged any mala fide specifically against the present Minister who had not been impleaded. 12. Being aggrieved by this judgm......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....be carried on according to its own Memorandum and Articles of Association as well as the provisions of the Companies Act. Under the provisions of sections 5, 6 and 7 of the Order the Government was empowered to do away with any obstacles which it may be faced with in managing such company or enterpr...... called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in the liberation straggle of Bangladesh Mr. Musha...... of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (here......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ruction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overriding power of the Government, or in other words, the title of the owner remains eclipsed or suspended a......ladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 & 9. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Ma......….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. Government of Punjab, PLD 19......ported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the Proclamation of 6.4.79”. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... can give protection to a member of the Defense Services or of any disciplined force in case he challenges the decision of the authority under which he serves……….(13) The tribunal being empowered by law to deal with any member of the defense service or of any disciplined force, no remedy......……………….Respondent Judgment January 31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the ......ord 'person’ in clause (5) of Article 102, gives an inclusive definition first and then it excludes something from the inclusive meaning. It, therefore, envisages within its definition all entities called ‘Person’ in law and includes something more as given in clause (5). But then this clause...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
..... The appellant in Criminal Appeal No. 22 of 1979 was tried by a Summary Martial Law Court, Patuakhali, on the charge of misappropriation of Taka 1, 53,949/00 by misusing and abusing his powers as Manager of Uttara Bank, Khepupara Branch and was convicted under Regulation II of M.L.R. ......sh; For the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Rec......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....vision in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whether the High Court Division took the correct view that the Tribunal could ......nbsp; Ruhul Islam J. - This appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Or......the Tribunal being the final appellate authority constituted by the statute itself, and the Tribunal being a special forum created under the special law in the absence of any power specifically given for remanding a case for fresh hearing, the order of remand was wholly unauthorised bei......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
.... compliance of the proviso to sub-section (1) of section 17 of the Provincial Small Cause Court Act? Along with this another short question has been raised is, whether the Small Cause Court has the power to grant time for filing security bond beyond the period of limitation for setting aside the e...... Vs. Nitya Gopal Shaha ……………………….Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the applica......decree as the Court may direct are mandatory or merely directory. In other words, whether Mohd. Fazil Ali vs. Karim Khan (1894) 108 PR 1894 was correctly decided". The Full Bench reviewed practically all the available decisions of different High Courts of the sub-continent to see the nature of......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....on in S. A. No. 973.) Judgment Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated......Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the Appellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) R......nticated Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice Consul or representative of the Central Government? The other provisions need not be mentioned. The rule next that calls attention is sub-section(4) which says; any power of attorney mentioned in this section may be......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rder. The order in substance is a review of the judgment made by the High Court Division and the question whether the High Court Division has, in exercising writ jurisdiction, correctly exercised its power to review its own ordered. 3. The question involved, no doubt, is of great public importanc......s Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....The jurisdiction as to restitution bears only a superficial resemblance to the Jurisdiction at to execution. The jurisdiction to order restitution is inherent in the court and it flows not from any power which it may have to carry into effect the decree or order of the court but from the recogni.............................Appellants Vs. Kamalarma Bibi and others …………………...Respondent Judgment November 26, 1980. Result: The appeal is dismissed. Case Referred to- Parmethwar Singh A.I.R, 1934 All. 626; Saraj Bhushan A.I.R. 1932 Cal 308; Hari Mohan Dalal, ......No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This appeal by special leave call in question a judgment and order of the High Court Divison dated July 24, 1979 in S.M.A. No. 45......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ion, the word ''transfer shall include sale, exchange, gift, will, mortgage, lease, sub-lease or any other manner of transfer or any agreement for such transfer, or change of management through a power of attorney or otherwise, but shall not include a mortgage to Government or to the Agricul.....................Appellants Vs. Mohammad Hammad and others……………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Inv......riate authority concerned was no longer necessary, and as such, the disputed sale deed was validly registered. 7. High Court's' judgment is founded practically on two considerations. Firstly, sections 4 and 6 of East Pakistan Ordinance No.1 of 1964 havi......), the competent authority shall be,— (a) In cases where the applicant proposes to transfer his immovable property by sale or mortgage only for bona fide purposes of meeting an urgent and unavoidable expenditure,— (i) the Sub-d..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... 9. The learned Judges treated the rules appended to the Resolution of the Ministry of Finance dated 18.8.58 as the statutory rules which they are not. Section 203-B confers the rules making power to the Government to frame rules for business in gold, etc. On this authority the Central Gov......p;………………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advoca......e not to be paid as a matter of course nor can rewards be claimed as a matter of right. Rewards are granted wholly at the discretion of Government as a token of their appreciation in cases calling for measure of industry and investigation beyond what is expected of an officer in the rou......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... however, was given under section 66(2)(a) of the Income Tax Act. 5. Syed Ishtiaq Ahmed, the learned Counsel for the assessee canvassed that rule 9(2) had been framed under Rule-making power in section 59(1)(e) and no one has ever doubted or questioned the vires of the Rule itself. T......me Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and it plies ships from and to ports in Bangladesh. During the assessment year 1968-69 the Assessee Company claimed depreciati......ation and such allowance available to both residents and non-residents on the basis of user. The second portion provides for allowance of a further sum of depreciation which is popularly called as initial depreciation' and the rates are prescribed in the statute itself. The claim ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh Parliament by virtue of Article 65 has plenary or supreme legislative power conferred upon it, and this power is exercisable subject to the Constitution The Constitution ......S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V. Raita Commonwealth Law Report Vol 66(1942-43): Basanto Co. Ghosh vs. Emperor AIR 1944 (P.C.) 36. Lawyers Involved: Shaukat Ali Khan, Advocate ......, which attempts to validate the action taken under the earlier repugnant section. 2. Decision has already been given. Now while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh Parliament by virtue of Article 65 has plen......mal age of retirement, when the impugned order of retirement was made. He alleged hat on certain official matters the Minister, Establishment Division, got annoyed with him for his candid views. In a meeting of Council of Ministers held in July 1978, he alleged the question of dealing with corruptio..Category: Constitutional Law | Date: | Hits: 188
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