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Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enqu......the valid votes. If the candidate or his agent intentionally remains absent with any motive during counting votes and preparation of the ‘K’ form can not be delayed to frustrate the process of the election and their such absence shall not render the election proce...... agent (s) remains present at the time of counting of votes as well as till the time of obtaining of signature when the statement in Form ‘K’ is prepared by the Presiding Officer and he calls upon the candidate (s) and his or their election agent (s) or polling agent (s) to sign the s......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......nstitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instructed Sharif......ions the suit was to be compromised by reducing V of the claim and rescheduling the pledged amount of the claim. The High Court Division found that in the written objection the respondent-Bank specifically stated that the petitioner failed to fulfill the conditions of the sanction letter and even di......ho filed written statement denying the claim and pleaded set off. During pendency of the suit the parties settled the dispute amicably and the Board of respondent no. 2 approved the settlement in its meeting held on 28-1-1995 which was communicated to the petitioner by letter dated 25-2-1995 of resp..
Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... May 22, 2001. The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holde...... May 22, 2001. The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. Th...... been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualified approval to the appointment of respondent No. 3 as Managing Director the respondent No. 3 called a general meeting of the share holders at the company’s farm at Savar to discuss the p......necessary. The respondent No. 3 also accepted Bangladesh Shilpa Rin Sangstha’s suggestion verbally. 4. Thereafter the share holders of the company in their annual general meeting held on 3 1-12-1997 elected the respondent No. 3 as Managing Director and respondent No. 2..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with ......7 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jali......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The Town Improvement Act, 1953 (XIII of 1953), Section 2(h) Under section 2(h) of the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces e......the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a planned township cannot be converted as residential plots. Conversion of such open spaces and parks into re...... in violation of the promise made to the respondent allottee at the time of allotment. Being aggrieved by the change in the layout plan the respondent filed the writ petition and a Rule was issued calling upon the respondents-appellant Rajdhani Unnayan Kartipakkha and two others to show cause as...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....e not parties. Dr. Zahir submits that copy of the order passed by the Appellate Division in the earlier writ petition has no binding effect on Bangladesh Bank. Dr. Zahir contends that the statutory power of Bangladesh Bank to initiate a proceeding under section 46 of the Bank Companies Act, 1991......1908 (V of 1908), Order XXXIX rules 1 & 2 The Bank Companies Act 1991 (XIV of 1991), Section 46 A person who is aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects the result of the earlier o...... section 46 of the Bank Companies Act, 1991. This section provides that where Bangladesh Bank is satisfied that it is necessary to remove the Chairman, Director or Chief Executive by whatever name called, of a Banking company in the public interest or to prevent the affairs of a Banking company ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....to perform functions of his office in his absence as Acting Chief Election Commission cannot authorize him, in the absence of authorization from the Commission it self, to exercise and perform any powers and functions under the Order. As such impugned order of the Acting Chief Election Commissio...... is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Election ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......gol” is due to the party headed by him and the order shall be followed in any by-election in the present Parliament. 3. The appellant further asserted that in the council meeting of Jatiya Party Mr Mizanur Rahman Chowdhury and Mr Anwar Hossain Manju were re-elected as t..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....of the Constitution and that also discriminatory, that Director Administration by virtue of delegation of authority by the Board of Directors of the Bangladesh Biman Corporation is vested with the power to make Organisation Order 13 of 1995, but as on the basis of the said Organisation Order Sep...... The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 12(1) & 15 Promotion of the Employees of the corporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regul......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....refore, held by his judgment dated 21.8.1991 that Gopal Chose had no legal footing to file any caveat, that the caveat dated 26.6.1991 is not a caveat in the eye of law and, as such, the Court is empowered to proceed with the probate proceeding as a non‑contentious one. 4. Caveator&......ted 21.8.1991 passed by the District Delegate and learned Subordinate Judge, 3rd Court, Dhaka in Probate Case No.12 of 1990 rejecting the caveat (filed by the respondent) and further directing him to follow the provisions as laid down in section 288 of the Succession Act, 1925. 2. Facts ......nd of Khenta Bewa, and denied the absolute character of Khenta Bewa's tide. Therefore, his claim is not through Khenta Bewa, the testatrix, but adverse to her. In the circumstances he cannot be called a caveator under section 284 of the Succession Act, and has got no locus standi to enter in...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
.... 7A of the Ordinance as amended in 1982. Therefore the appellant could not go to the Tribunal unless the Government took a decision in the matter which was evidently in the exercise of its revisional power under section 7A. The Administrative Appellate Tribunal was therefore patently wrong in holdin......fa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Re.......10.1988 when the Inspector General of Police dismissed the appeal and not from the date when the Government dismissed, the appeal on 14.9.1989. 11. In the first place, the provisos do not specifically mention about any appeal but only provides that no application can be made to the Administrati......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....t Division wrongly used the words "for doing complete justice" between the parties. Under ‑the Constitution it is only the Appellate Division of the Supreme Court which has got the power under Article 104 of the Constitution to issue such directions, orders, decrees or writs as m......ain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255 of 1985....... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ...... Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lower Division Assistant having been posted last at Kushtia Sadar. He obtained leave from 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and childr......ey never directed the plaintiff to face a Medical Board. The trial Court also found beyond any reasonable doubt that the plaintiff was actually carrying on some business at the time of his so‑called illness. His recorded address in the department was village Sowal Bathan. Post Office Bagar......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....e nor any charge was framed against him. On the basis of the secret report the Government retired the appellant under section 9(2) of Act XII of 1974 on 2.1.88 mala fide and in colourable exercise of power. 3. Respondent No.2 the Chairman, Civil Aviation Authority in its written statement conten......ary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdi......, in the words of VR Krishna Iyer, J in the case of State of Punjab vs. Gurdial Singh, AIR 1980 (SC) 319 is as follows: "Pithily put, bad faith which invalidates the exercise of power‑sometimes called colourable exercise or fraud on power and often‑times overlaps motives, passions and satisf......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....ent shape; G. And Whereas from a reading of the Constitution, it appears that the basic concept as to the governance of the country is by the elected representatives of the people and transfer of power by one elected government to the next elected Government has been clearly enshrined in the Con......should be excluded within the meaning of Article 67(1) (b) read with definition of 'Session' and 'sitting' as under Article 152 (1) of the Constitution………………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation ......arker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67(1)(b) and wo......the Parliament and Begum Khaleda Zia is the leader of the majority party appointed her Prime Minister on 20th March, 1991 on which date he also appointed other ministers; C. And Whereas the first meeting of the Parliament took place on 5th April, 1991 and the duration of Parliament is 5 (five) y..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......ce of defendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respo...... purchased the entire suit land from defendant Nos. 2‑5 on 27.3.1974. Hence the suit. 3. Defendant Nos. 7 and 12 contested the suit by filing separate written statements. They categorically denied the plaintiff's title and possession of the suit land. Besides taking various pleas of......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....directed that after his death his property would be distributed among his children as per Muslim Law. It was alleged that when their father was lying ill the appellant managed to obtain from him a power of attorney dated 11 December 1991 to manage, sell or otherwise dispose of the property of th......man J Halid Hamidul Huq..................Appellant Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....xecuting the decree dated 31.3.1970 passed in other class Suit No. 149 of 1967. They also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the......arim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the Hi......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....rong in the procedure adopted by the Magistrate. 6. Mr. Karim next argued that the charge‑sheet having been submitted by the Police in a complaint case, there has been an usurpation of power by the Police which appropriately belonged to the Magistrate under Chapter XVI Cr.P.C. and th......rim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not available to the Government, once t......‑Record- For the Appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate – on ‑ Record ‑ For Respondent No.3. Aminul Huq, Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For......Order an ex‑officer of the Defence Services, who is holding any post or office as Chairman, member, director, including managing director, or trustee of the governing body, by whatever name called of any local authority shall, subject to the other provisions of this Order, be deemed to......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....eness, that the appellant herself or her husband did not file the suits and cases but one Sardar Nasir Ahmed claiming himself to be an attorney of the appellant filed those suits, that there was no power of attorney in support of this story and as such the enlistment of the case property in the '......Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and......3 is from judgment and order dated 29 July, 1993 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 688 of 1989. Appellant filed the said writ petition calling upon the respondents to show cause as to why the enlistment of house No.9/1, Block 'F', Joi......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
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