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Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....ary or otherwise, to decide the issue. 11. In the case of Ghaznavi vs. Allahabad Bank Ltd. AIR 1917 Calcutta 44, a full Bench of the Calcutta High Court observed that the power to remand to the Courts below is not limited to cases covered by Order XLI rule 23 of the Cou......p; April 8, 2002. The Code of Civil Procedure, 1908 (V of 1908), Section 107 & Order XLI rule 27 In order to decide material issue concerned in the suit that the order of remand was warranted in the facts ......nd remanding the case on the basis of Ext. A wrongly holding that admittedly the defendant classified the Cinema Hall as a commercial investment with effect from 1st august 1987. This finding is uncalled for and not borne out from Ext. A and on that basis wrongly passed the order of remand and t...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
....er of the Divorce Suit No. 1 of 1998.
7. The unfortunate part of the matter is that the learned Judges of the High Court Division being totally unmindful of their legal limit while exercising the power of confirmation of the decree of dissolution of marriage passed by the District Court upon bei......High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the subject matter before it. (7)
......1998 made recommendation for the enactment of Unified Marriage and Divorce Act for all the citizens. The petitioner on behalf of the community it is representing has taken exception to unsolicited, uncalled for as well as totally unconnected with and irrelevant to the subject matter of the suit reco......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....ay if it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all ......ct, 1974 (XII of 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Si......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....itiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is not authorised by law to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that power under sections 94 and 160 Cr.P.C. could only be exercised by the Police Officer for the purpo......Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal&h...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....rt Division and for speedy disposal of the matter when the writ petitioner entered appearance through her Counsel before this Division we are not inclined to grant leave but exercising our inherent power we intend to interfere with the aforesaid first portion of the order passed by the High Cour......nbsp; The Code of Criminal Procedure, 1898 (V of 1898), Section 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfact......bmits that when there is no allegation from the side of the accused that earlier report was not based on proper examination a second report directed to be submitted by the High Court Division is uncalled for. The learned Attorney General submits that this will be an unnecessary and futile exerci...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity…&h......e petitioners failed to make out any case discharged the Rule. The learned Advocate for the petitioners failed to point out any legal infirmity in the judgment of the High Court Division which may call for our interference. 7. There is no merit in this petition and the same ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
....visions of Regulation No. 858 of the PRB and section 3 of the Ordinance. 8. The provision of Regulation No. 858 (a) (1) is as follows: 858.(a) The following are the powers of officers in regard to punishments: (1) The Inspector-General may suspend......dgment June 8, 2000. The Police Regulations of Bangladesh, 1940, Regulation 858 Under regulation no 858 (a)(1) Inspector General of Police may remove or dismiss a police officer and under regulation 858 (a)(2) a sub...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
....here is no material on the record to show that Chief Engineer acted in violation of provision of law or in other words was not competent to vest the officer named in Annexure ‘W’ with Magisterial power to do the work of eviction of unauthorised occupant of the land of Public Works Department or ...... in: 54 DLR (AD) (2002) 111.
......pe of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manner on the basis of affidavit evidence except in an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentious or disput......nienced. Although time passed but because of the procedural matters involved towards the materialisation of the formula evolved on 27th August, 1970 and finality was not reached in spite of series of meetings and exchange of different letters. In the month of January, 1992 in a meeting held under th..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......(Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The l......cument it would have been possible for the parties to the document and that also for the beneficiaries under the document to establish the recital relating to necessities stated in the document by calling them and that also other persons of the relevant time, but because of the lapse of time cal......s not sound and that Balaram prior to his death was suffering for long time from different kinds of diseases and that he died leaving debts and for repayment of debts of her husband as well as for meeting the expenses of the ‘Pindo’ offering ceremony of her husband Beloka Sundari tra..Category: Property Law | Date: | Hits: 47
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....; Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Governm...... Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power&helli...... a Government servant and at the same time issuing order of stay of the order of transfer. The High Court Division passed the impugned order as follows: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why operation of the impugned order dated, 30-7-2......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised by the High Court Division is discretionary and is to be exercised to prevent error ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Santosh Kumar Das .............. Appellant Vs. Hajee Badiur Rahman......................... “I am in full agreement what has been submitted by the learned Counsel for the petitioner. The opposite party is required to keep himself within the confines of Exhibit l. He cannot whimsically vary or alter its terms and conditions. He cannot work out a period of his own choice for ter......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....gh Court Division made the Rule absolute upon observing: “On consideration of the facts and circumstances of the case we find that the Chittagong Port Authority has in exercise of its statutory power floated tender for the purchase of machinery e.g. Gantry Cranes for capital investment and, as......sh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making author...... supporting the contention of the petitioner. Respondent No. 9 got himself impleaded in the writ petition and supported the writ petitioner contending that after opening of the price bid of the technically responsive bidders fresh declaration declaring the petitioner responsive was contrary to the t......ecommending respondent Nos. 1, 9 and another as being responsive and the petitioner was considered non-responsive. The Board of Chittagong Port Authority, hereinafter referred to as the board, in its meeting held on 13th September,2000 took resolution No. 8823 declaring the three bidders which were ..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ...... The Code of Civil Procedure, 1908 (V of 1908), Orders I rule 10 & Orders XXII rule 4 Since no Estate has been left by the father to which the petitioners have succeeded on his death, they do not come within the ambit of legal re......f their right to be added as parties (appellants) in the appeal were taken to be correct “then also they cannot be added as parties in the instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit No. 16 of 1981 where......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....e also find that there existed a contractual obligation between the Janata Bank, Bangladesh to reimburse the negotiating Bank, namely the Bank of Tokyo, for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount has been negotiated by the Bank o......ly come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cas......been held by Tekchand, J that; “It is clear that before an order of attachment of property before judgment is passed, the Court should issue notice to the opposite party calling upon him to furnish security for satisfying any decree that may eventually be passed again......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....by-election held on 15-11-1999 he contested the same with symbol ‘Piri’ and the Awami League candidate with symbol ‘Boat’. It is the case of the petitioner that the party in power took this election as a prestige issue and has caused pressure upon the public servants to in......ticle 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committe......ivision we find no force in the submission. Dr Hossain placed before us the judgment of the High Court Division and other materials but failed to point out any illegality in the judgment which may call for our interference. There is no merit in this petition and the same is....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....gh Court Division committed wrong in this respect. He also submits that BRAC not being prohibited or precluded by any law from undertaking activities which can generate profit was also expressly empowered by its memorandum to invest its money and there is no basis for contending that clause 3(xv...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved t...... to own shares in BRAC Bank Limited. Their further case is that BRAC’s liability in respect of the bankruptcy of BRAC Bank Limited will be limited in any event to the unpaid portion of on any call on any shares held by it in BRAC Bank Limited. BRAC Bank Limited as a public limited company ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......99. The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond al......; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction under Part II of section 304 of the Penal Code recorded by the Assi...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Commissioner of Taxes, Dhaka (South) Zone, Dhaka..…….. Appellant Vs. Ujala Match Factory………………………………...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....n that he had abetted in defrauding and causing loss to the bank of an amount of Tk.58,00,698.30 by opening letters of credit in favour of two fictitious firms at 15% margin in excess of his powers and by obtaining approval of the Principal office fraudulently and on the aforesaid charge h...... Division (Civil) Present: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa ......emoval from service is grossly disproportionate to the charges brought against the petitioner and the High Court Division did not consider this aspect of the case and as such the impugned judgment calls for interference. 9. Mr. Prabir Kumar Neogi, learned Advocate appearing for the......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....f the Revenue authority was challenged by the auction purchaser by filing writ petition. The High Court Division on consideration of different provisions of the PDR Act observed "Although the power conferred upon the revisional authorities mentioned therein under section 53 of the Act is in......uisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the b....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
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