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Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......tember 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power to award interest on the award made by him. 2. Facts leading to these appeals are bri......desh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment Febr...... by his judgment as mentioned above, refused to interfere with the award as to the principal sum, but set aside the order for interest altogether taking the view that the Arbitrator got no power to grant interest. Both the parties went to the High Court Division with their respective appeals. Th..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......nce of which the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. 3. Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose al......For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the High Cour...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... office of the Deputy Commissioner, Bakerganj. There is no specific notice requiring the petitioner company to show cause as to why the acquired land should not be resumed. In order to exercise the power of resumption given under clause 7 of the lease deed, a clear, specific, open and unambiguous ...... After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Banglades......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of ser......Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under......ment of the Tribunal took their respective appeals against the same and, as already noticed, the Administrative Appellate Tribunal by the impugned judgment dismissed both the appeals. 6. Leave was granted to consider whether it was competent for the Tribunal to vary/modify the order of punishment..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......w Reforms Ordinance, 1978. 4. Under sub-section (1) of section 439A of the Code of Criminal Procedure (hereinafter referred to as the Code), the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court Division under section 439. In other words, the Ses...... 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Before disposal of these applications, it is necessary to say a few words in respect of sections 439 and 439A of the Code of Criminal Procedure. In the Co......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code of Criminal Procedure, (briefly the Code) to interfere with a ......te (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. Md. Ozair Farooq, Advocate-on-Record-For the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Ap......ourt the Appellate Division by a series of judgments already decided this question saying "Yes"; but the High Court Division, in the instant case, has said "No". Leave has been granted by us in this case not only to re-examine this question but to put an end to the chaos, con..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... May 1991 in FA No. 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, at least on facts of this case, to award interest for the period prior to the institution of ......ction 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of pric......and contends that such interest is not authorised by any law, such as section 34 of the CP Code, nor by any agreement. He contends that interest for the period prior to the date of the suit cannot be granted on any unascertained sum of money. Interest for any period prior to the suit is awardable on..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......be taken as an absolute rule, because if the suit is otherwise maintainable, and if it is found that the defendant without being in possession, wants to disturb the possession, the Court cannot be powerless to grant temporary injunction in an appropriate case. The order granting injunction must ...... Judgment: Kemaluddin Hussain CJ.- Leave was granted to consider whether the learned Judges of the High Court were justified in granting temporary injun......of 1977. Judgment: Kemaluddin Hussain CJ.- Leave was granted to consider whether the learned Judges of the High Court were justified in granting tempora..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......nciples referred to above are too entrenched in our legal system to be disputed. Having induced the appellants to permit him to retire the respondent cannot be heard to say that the appellants had no power to relieve him from service. Even if the action of the appellants was not strictly sanctioned ......ifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Respondents Judgment October 28, 1993. Result: The appeal is allowed. Cases Referred to- Sarat Chunder Dey Vs....... absolute by the impugned Judgment and Order dated 20.7.92 declaring further that the respondent is to be treated as being in the service of the corporation in the post of Manager." 12. Leave was granted 'to consider two submissions; (1) that the respondent having opted for retir6ment out of his..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......lication summarily by wrongly holding that "in any view of the matter, if Rule 14(5) and the relevant SRO guiding the appointment of the petitioner is read together and the President is found to have power to retire the Chief of Naval Staff at any time 'in the public interest the impugned order can ......tioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment November 23rd, 1993. Cases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs......s further contended that when the matter involves a substantial question of law as to the interpretation of Articles 27,37,61,62,134 and 152 of the Constitution, the High Court Division ought to have granted a certificate under Article 103(2)(a) of the Constitution. 10. On behalf of the petitione..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......st the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, ......eal therefrom. It appears from the judgment of this Court in these appeals, passed on 28.3.84, that the respondents' arguments on the admissibility of the petitioner's documents, on which leave was granted, were noted but no decision thereon was given and it was held by this Court that the respo..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... his judicial/quasi‑judicial functions. The High Court Division rejected the Secretary's claim that since the Court of Settlement was under the administrative control of his Ministry, he got power to discuss administrative affairs with the Chairman, and observed that such affairs might be...... Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by the High Cou......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......niority was already determined or that they got vested right of seniority which could not be affected by the impugned Rules made with retrospective effect. Their contention was that the President got power under Article 133 of the Constitution to make rules to determine seniority with retrospective ......3 of 1992) Md. Serajul Islam and others ......Respondents (In Civil Appeal No. 48 of 1992) Md. Nabinoor Islam Khan and anr …….Respondents (In Civil Appeal No. 49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Aso......in Writ Petitions Nos. 4, 111,134, 847, 1426 and 2181 of 1991). Judgment Shahabuddin Ahmed CJ.- These 10 appeals have been filed by he Government of Bangladesh and others under a certificate granted by the High Court Division under Article 102(2)(a) of the Constitution of Bangladesh. They a..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......such, his service could not have been terminated except following the procedure which requires show‑cause notice. In the case Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201, the Government's power to retire a public servant on completion of 25 years of service without assigning any reason......Appellant Vs. Bangladesh Bank and others........ Respondents (In Civil Appeal No. 79 of 1992) Judgment July 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Maji...... limitation was not urged and in this Court, as stated by the bank, appellant itself, it was not taken as a ground either in the Leave Petition or in the Concise Statement and as such leave was not granted to this effect. In the circumstances of this case we do not find any good reason to take up..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......fidavit-in-opposition contending, inter alia, that since it has its own experts in the matter for construction of buildings within the Dhaka City Area and the law making authority expressly gave it power and authority to draw up a Master Plan for the City which shall, amongst others, provide for...... Public interest- Private interest The public interest which should be championed by agencies like respondent no. 1 i.e. Dhaka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and t...... pollution nor there is any cry, uproar and resentment among the inhabitants of the locality in question with regard to the pollution of environment and environmental hazard. 7. Leave was granted on the submissions that the High Court Division erred in holding that by allowing the respo..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......s. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upo......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......re holder of a company may either individually or jointly bring to the notice of the Court by application that— (a) the affairs of the company are being conducted or the powers of the directors are being exercised in a manner prejudicial to one or more of its members...... others.......................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share hol......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... Akhtarul Alam was appointed as Ambassador for Bangladesh to Bahrain and the publication of his name as Editor in-charge was discontinued with effect from 15-4-1992. Mr. Anwar Hossain by show of power and using muscle power of his political party got his name forcibly published as editor witho......Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In his capacity as Executive Director of the Company and as the Printer, Publisher and Editor of the Daily Ittefaq while he was a Min...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......he plaint in course of due procedure and, in case of failure to do so, the Court has to proceed to decide the suit forthwith and to dismiss it under Order XVII, rule 3 or under the Courts inherent power………………………..(7) A suit for......t. Before punishing the plaintiff under this provision the Court should carefully consider the nature of defect of the plaint and if such defects are found curable, the plaintiff should be allowed to amend the plaint in course of due procedure and, in case of failure to do so, the Court has to p......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......s. Moti Singh and another, AIR 1935 (Lahore) 914, the executing Court has authority to direct the public officer to satisfy the decree and accordingly there is no doubt that the executing Court has power for ordering attachment of the money in the hands of the appellant who is public officer as ......spondents Judgment July 25, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The word......application dated 30-9-1991. Being aggrieved the appellant moved the High Court Division and obtained the Rule but the High Court Division, after hearing, discharged the Rule. 3. Leave was granted on the submissions that the High Court Division erred in law in interpreting Articles 84, 8..Category: Civil Law | Date: | Hits: 104
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