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Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... XLVII of 1983. Now rule 14 of order VII reads as follows: "14. Production of documents along with the plaints.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them In Court when plaint is presente...... Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka ................ Plaintiff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers I......s appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respect of a sanctioned overdraft facilities granted to the defendant. At the time of filing of the plaint the plaintiff along with the plaint ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... VII of 1981), Sections 2, 3, 4 and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the wid......tled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tri......dministrator could not be challenged before any court. The High Court Division rejected the appellant's petition summarily as not maintainable under clause (5) of Article 102 of the Constitution, but granted a certificate. 3. In Civil Appeal No. 4 of 1991 respondent No. 3, Md. Atiqullah, an empl..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......Company Ltd. is a Private Limited Company incorporated under the Companies Act on 12.3.75, that it was established by the Bangladesh Oil and Gas Corporation, Petro‑Bangla, in exercise of the powers vested in it by section 8(2) of the Petroleum Act, 1974, that one of the objects for which t...... appeal. During the Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Ltd. A disciplinary proceeding was instituted against him when he rose to be the Operation Officer of Jamuna Oil Co. Ltd. but the Enquiry Committee did not give him adequ......at the appellants' main contention that the relationship between the plaintiff and the Company was that of master and servant had been rightly repelled by the two Courts below. 6. Leave was granted to consider the appellants' submission that Jamuna Oil Company Ltd. is a Private Limited C..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......; Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... them for purchasing the suit property, that he obtained the ex parte decree against the Mitras in accordance with law and got the sale deed executed and registered through court, that the alleged power of Attorney is a forged one, that defendants 4‑6 did not exchange the suit property wit...... Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Huq, Advocate‑on‑Record ‑ For the Respondent No.1. Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on ‑Record‑ Re......ssary to decide whether the plaintiff had title to those properties. Being of such view the High Court Division did not think it necessary to consider the aforesaid documents. 12. Leave was granted to consider whether the High Court Division misdirected itself in taking the view as above ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ...... as such its prayer was rejected. 31. Chapters IX and X of the Customs Act, 1969 relate to the "Discharge of Cargo and Entry inwards of goods" and "clearance of goods for home‑consumption". The powers and functions of the Customs officials in connection therewith are clearly laid down therein.......Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (......n both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 ..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......he parties with reference to title which is not contemplated in Section 145 Cr PC. 11. Mr. Abdur Rashid, learned Advocate for the second party‑respondents, submitted that the inherent power of the High Court Division under section 561A Cr PC can be invoked even by a party who has be......c. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. inves......9 during the pendency of the Rule. As already noticed, by the impugned judgment, a Division Bench of the High Court Division made the Rule absolute and quashed the proceeding. 8. Leave was granted to consider the submission that the High Court Division ought not to have exercised its jur..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......endant‑respondent No. 2. On 26th November, 1986 respondent No. 1 as a third party‑petitioner filed an application for adding him as a defendant in the suit asserting inter alia that he took a sub‑lease of the suit premises from respondent No. 2 in 1982. The learned Subordinate ...... as a party and let the suit be heard in his presence." 2. The above order is against basic norms of adjudication and principles of natural justice. This court has repeatedly held that granting relief’s summarily on a revisional application without issuing any rule on the oppos..Category: Procedural Law | Date: | Hits: 110
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At t......hman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissi......osal of the IRO case. The High Court Division upheld that order in the appellant's Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ling of witnesses to attend the search did not vitiate the trial. 15. In Montreal Street Rail Co. vs. Normandin 1971 AC 170, 174 Sir Arthur Channel thus pointed out the distinction between discretionary and compulsory powers: "The question whether the provision in a st......he search did not vitiate the trial. 15. In Montreal Street Rail Co. vs. Normandin 1971 AC 170, 174 Sir Arthur Channel thus pointed out the distinction between discretionary and compulsory powers: "The question whether the provision in a statute are directory or impera......; August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) ......nder clause (e) of the Proclamation. The respondents have challenged this new plea, neither raised before the High Court Division nor in the petition for special leave to appeal, nor any leave was granted on that point. A question of fact or a mixed question of fact and law ought to be raised in..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......rd‑ For the Appellants, Md. Nowab Ali, Advocate‑on‑Record ‑For the Respondent. Criminal Appeal No. 7 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 398 of 1990......lice Station on 5.1.90 against the appellants who were witnesses in the earlier Jagannathpur Police Station Case No. 3 dated 7.10.89 involving them in the murder of Nurul Islam. 3. Leave was granted to consider whether in view of the fact that there is no allegation in the First Informati..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Re......but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will of the person granting the licence. ………………..(14,18) Cases Referred to- Abdus Sattar Vs. Suresh..Category: Tenancy Law | Date: | Hits: 97
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......urely one of law relating to true meaning and scope of section 423 (1)(b)(2) of Criminal Procedure Code, namely, whether the High Court on appeal against the conviction regarding some charge, is empowered to alter the finding of acquittal in respect of other charge or charges into one of convict......sp; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), S......cused under section 147 was also maintained, but their sentence thereunder was altered to one of fine. We are not, however concerned with the latter two accused in tin's appeal. Leave to appeal was granted to examine: i) Whether the High Court had jurisdiction to convict the appellan..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... election of the Vice-Chairman. They, therefore, acted in utter disregard to and deliberate violation of the order of injunction of the court. Further they arranged and led a procession to show their power vis-a-vis the power of the court and they also uttered objectionable words derogatory to the p......hat when the petition for injunction was moved before the Munsif, M. A. Zaher, and Haji Jalaluddin Ahmed were present in the court precincts till the order of injunction was passed and they also came to know about the injunction order from respondent Mainuddin Ahmed. Nevertheless they participated i......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... the various Orders in the Schedule to it may be invoked, so far as they are applicable, in an appropriate case. Moreover, the High Court exercising constitutional jurisdiction has also an inherent power in this regard. Under the general principle of judicial procedure as well as under the provis......Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate -on-Record.—For the Respondent No......been misunderstood. We are not satisfied with the reasons stated in the petition. The application for restoration is accordingly rejected." Special leave was granted by the Pakistan Supreme Court to appeal against the aforesaid order to consider: "Whet..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......d presented to the Court or to such officer as it appoints in that behalf and has to be accompanied by a copy of the decree Appealed from and of the judgment on which it is founded. Rule 1 empowers the appellate Court to dispense with the filing of the judgment but there is no jurisdict......ip;……….Appellant. Vs. Waliullah and others……………....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of......rity. The learned Judge has taken the view that as the prayer (a) of the plaint having sought for a declaration only with respect to the validity of the order of cancellation of the permission granted by defendant No. 1 and correctness or legality of the order of requisition or acquisition m..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individual or his rights such a person or body has the c......er of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: The appeal is allowed. Cases Referred to- Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd., LR 65 IA 1 = AIR 1938 PC 1= 42 CWN 194; ......re was no sound basis whatsoever for fixing 40% as the rate of profit for the 3 years in question. The question referred was thus answered in the negative by the High Court. 11. Special Lease was granted by the Supreme Court of Pakistan to consider whether the High Court correctly interpreted th..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......ged company which operated several mills in India and also owned some godowns, situated in Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property......als. Vs. Commissioner of Income-Tax, Chittagong…………....Respondents in both the appeals. Judgment, Jan. 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported ......kistan within the meaning of the said expression occurring in sub-section (i) of section 42 of the Income-tax Act and as such was assessable under the' said section. 5. Leave was granted by the Supreme Court of Pakistan to consider the following point: Whether even afte..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......of the Company of 3.3.72 On 14.4.72 Mr. Saifuddin appointed respondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power of attorney appointing the said respondent No. 2 as their lawful attorney to manage the Compan......nt. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Maye......l leave is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of Bangladesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh A..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ...... behalf of the appellant, has drawn our attention on the term of the Notification which calls for an interpretation in this appeal and is to following effect: "In exercise of the powers conferred by sub-section (1) of section 12A of the Central Excise & Salt Act, 1944 (I o......ellip;....Appellant. Vs. The Govt. of Bangladesh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lill......th December, 1968 praying for exemption from the payment of duty on the stockinet "hoses" manufactured by it on the ground that such manufactures came within the purview of the exemption granted by the Government under section 12(1) of the Central Excise Salt Act, 1944 as contained in ..Category: Business or Commercial Law | Date: | Hits: 109
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