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Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....(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......gence and serious irregularities in opening the disputed letters of credit in the name of fictitious persons causing huge loss to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made f......rvice Regulations, 1981 and he was heard personally by the Disciplinary Cases Committee of the Bank on several days. He was, however, informed on 7.1.89 that the Board had dismissed his appeal in its meeting held on 11.12.88. Hence the application. 3. The appellant Bank contested the case by fili..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....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......ture of an exception (Reference in this connection may be made to the case of Venkatesen Vs. Nikhil Chandra, AIR 1962 Calcutta 2581262). When here are two sections in a statute, one dealing specifically with any particular subject which is also included in some of the provisions of another secti......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)
.... 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......t say a word about it. The Naraji‑petition filed by the Informant was rejected by the Magistrate but the Sessions Judge allowed it and not only directed further investigation but also specifically asked the police to submit charge‑sheet under the Anti-Terrorism Act. So far as the dir......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 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......istry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah......y the requiring‑body indicates that there had been no agreement between the Government and the requiring‑body before the notices for acquisition were issued. This plea, not urged before, does not call for any scrutiny. The requiring‑body may be asked to deposit the compensation money only afte......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... 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......y for us to enter into the details thereof. For the purpose of disposal of this appeal, however, salient features of the case are being described below. 3. Defendant, Sonali Bank took up a scheme called "Bikalpa" for helping unemployed University graduates by providing them with taxi‑cars so t......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. ..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......n Nessa..............Respondent Naushad Ali .... Appellant Vs. Begum Fazilatun Nessa.................Respondent Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam......ge of sub‑section (5) of section 18 of the Ordinance the following observation has been made: "It is true that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of waiver or acquiescence or su......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....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.......t prompted the respondent to bring allegations against the previous Chairman after more than a year of the impugned order by filing application dated 1.11.89 (Annexure F) but it appears that he practically kept quiet after obtaining the order of release dated 29.9.88. This acquiescence will give ris......g his application for retirement with effect from 10.9.88 and prayed for allowing him to resume his duties. The appellants denied these statements saying that there was no official record showing any meeting between the respondent and the now Chairman or any assurance given by the latter as alleged...Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....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......ment of Special Additional Pension was not available to him, because he was compulsorily retired from service due to inefficiency. It is contended that had the High Court Division issued the Rule and called for the records, it would have been clear that he was retired from service for malafide reaso...... 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...Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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......on was contested by the Government through the Secretaries of Works and Establishment. The High Court Division after hearing both the parties accepted the petitioner’s allegation that he was called by the Secretary of Works through his PA and observed that such action was extremely objecti......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)
....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......ntment by the Public Service Commission, briefly the PSC. This period was extended from time to time in consultation with the PSC. In 1977 the PSC by an open advertisement held an interview, which he called "Competitive Examination," for appointment of Assistant Engineers on regular bas4s. 'Petition......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. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....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......ing of these appeals together, the Bangladesh Bank, appellant in Civil Appeal No. 42 of 1992, filed an application for permission to urge an additional ground as to limitation which was not specifically taken in their Leave Petition and the connected Concise, Statement, nor was it ‑serious...... with any malafide intention. How, then, he can allege that it is a punishment in disguise? 7. Before the Administrative Appellate Tribunal it was urged that a resolution adopted in a meeting of the Board of Directors referred to certain allegations including a report of the Anti&#..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....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......etitioner, a member of central reorganising committee of Jatiya Samajtantric Dal (JSD) having its office at 35-36, Bangabandhu Avenue, (3rd Floor), PS Motijheel, Dhaka filed the above writ petition calling in question the unauthorised construction of a multi-storied shopping complex in the name o......e respondent No. 2; Implementation committee for Removal of Traffic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a resolution for handing over the above vacant space to Dhak..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. ......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......a Majumdar as her attorney in respect of the property of Karuna Moyee Dasi including the land in suit upon overlooking the fact that the said affidavit and the Power of Attorney were not proved by calling the competent witness and because of that the said documents were left out of consideration......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)
....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...... of the minority share holders. 2. The short facts, leading to this leave petition are that the respondents are promoters/ shareholders of the petitioner No.1 Company, hereinafter shortly called the company. The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the C......hat the respondent No. 2 would remain the Managing Director and hold the office as such for life. The grievance of the respondent is that the company never declared any dividend and no formal board meeting or annual general meeting of the company was ever held and the accounts were never audited..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... 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......n in Writ Petition Nos. 3773 of 1996. 2746 of 1997 and 3834 of 1999 making the Rules obtained in all the writ petitions absolute. 2. In Writ Petition No. 3773 of 1996, Rule Nisi was issued calling upon the respondent No.1, Mr. Anwar Hossain to show cause as to why he should not be prohi...... 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)
....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...... Court may reject a plaint, yet a Court should not reject a plaint merely because it suffers from some defects and does not comply with some provisions. The proper procedure in such cases is to call on the plaintiff to cure the defect and on his failure to do so to proceed to decide the suit......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)
....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......- This appeal by leave is against the judgment and order dated 7-7-1994 passed by the High Court Division in Civil Revision No. 758 of 1992 discharging the Rule. The above civil revision was filed calling in question the order dated 5-10-1991 passed by the learned Subordinate Judge (now Joint Di...... 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. ..Category: Civil Law | Date: | Hits: 104
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
.... Quddus and others... .............Respondents Judgment March 23, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and......edure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the ...... 1978 was decreed in presence of the Government in respect of the land of plot No. 203/31, the Government had no right to lease out the land in suit to the plaintiffs, that the plaintiffs have not called for the record to show that their father was the proponent for plot No. 203/31, that the pla......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....of the Supreme Court is a Judge, wherever he is, that he is also, under section 25 of the Code of Criminal Procedure, an ex-officio Justice of the Peace for the whole of Bangladesh, which connotes power and authority to take cognisance of any offence taking place anywhere and to command any law ...... 'Apology' is an act of contrition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is devoid of remorse. The Court finds no reason to differ with the findings of the High Court Division regarding acceptance of the unqualified apo......ce, fully and conspicuously hoisted, one sergeant, Shoaibur Rahman culpably abstained from saluting the sacred flag of the Supreme Court, while immediately beforehand, he did, over enthusiastically, salute a blue coloured jeep which was carrying some police personnel. When asked the reason......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... application against any order passed or any action taken under this Ordinance, and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance." 28. From the facts and circu......le 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...... 9. He submits further, that the High Court Division was wrong in holding that compensation was not paid though the plaintiff could not prove any such case. 10. He emphatically submits that in view of section 44 of the Acquisition and Requisition of Immovable Property O......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
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