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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. ......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. ......count of the company and a salish was held on 18th August 1985 and another on 27th September 1985 over the affairs of the company and it was disclosed in the salish that there was profit amounting Taka 36,30,000 made by the company during the period of 1980-84. Accordingly, an award w..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. ......as provided under section 12A(3) of the Printing Presses and Publications (Declaration and Registration) Act, 1973. He further submits that Rule in Writ Petition No. 2746 of 1997 is also hit by the principle of res judicata, inasmuch as the point involved in the present Rule has already been deci...... 147 (3) of the Constitution with its proviso, the holding of the post of Executive Director by the appellant after he became a Minister was violative of the Constitutional Provision as that would amount to merely making an academic exercise. All the appeals are allowed………&h..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. ......rocedure the plaintiff may be allowed to amend the plaint with a prayer for recovery of the money and the same could not change the nature and character of the suit. 7. It is not the principle of law to reject the plaint straightaway instead of allowing the plaintiff to remove any ......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. ......nuing statutory authority as it is relatively constant in juxtaposition to unstable financial estimates guided by change of financial policy from year to year and it is also in consonance with the principle of judicial independence and so the executing Court has authority under Order XXI, rules ......pellant, Bangladesh Bank, was not made a party. Then on the prayer of the respondent No. 1 in Money Execution Case No. 5 of 1979, the executing Court by order dated 26-9-1990 attached the decreetal amount for satisfaction of the above ex parte decree. The above decretal amount having remained un..Category: Civil Law | Date: | Hits: 104
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......Builders and Machineries Limited the respondent became highest bidder and their tender was accepted by the Board, RAJUK thereafter. Issued a notice on 11-7-2001 to respondent No. 6 to pay the balance amount of Taka 1,51,00,200 through pay order and the respondent No. 6 accordingly paid the balance a..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... held as under: "In the case of pre-emption because of the special provision of the Act rights of the parties cannot be determined without considering the rights of others. The principles of Order I, rule 9 of the Code cannot be made applicable, in the circumstances. It cann......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....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. ......e Asharam M Jain vs. AT Gupta, AIR 1983 (SC) 1151 the Indian Supreme Court has, while, considering whether unqualified apology tendered by the contemner should be accepted or not, referred to a few principles for guidance of the Court. While it is necessary to remember that in dealing with a con...... that he was facing no lesser a personality than an Hon'ble Judge of the Supreme Court, asked his Lordship, "Apner nam ki?” The above narrated act of unpalatably naughty profanation, tantamounts to devastatingly attenuating, undermining, maiming and demeaning the perennially insulated..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......552/2344 Since validity of the Guarantees issued against the above said FDR have now expired you are requested to cancel the FDR above said and credit my Account No. 205 with the FDR above amounts together with the interest accrued thereon up to date. Thanking you, Yours..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., 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. ......try the present suit inasmuch as the civil Court is authorised to examine whether the statutory tribunal, i.e. in the present case, the acquiring authority, acted in conformity with the fundamental principles of judicial procedure. 17. Expanding further his argument, Mr. Kari......, 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
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ...... Ltd and another reported in AIR 1995 (SC) 1368 it has been observed- "Time and again this Court has deprecated the practice of granting interim orders which practically give the principle relief sought in the petition for no better reason than that a prima facie case has been......e appellant, submitted that the High Court Division being not competent to grant the relief sought then the said Division exceeded its jurisdiction in granting the ad interim relief which in effect amounted to granting full relief as regard which the writ petitioners have no right to claim in th..Category: Banking Law | Date: | Hits: 121
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......a right curtailing owner's right to deal with his property must be construed very strictly. The right is allowed to a claimant in consideration of his necessity and not as a matter of luxury. This principle should always be kept in view while determining the claim of pre-emption". It may be...... case was liable to be dismissed under sub-section 10(c) of section 96 of the State Acquisition and Tenancy Act, 1950 (State Acquisition and Tenancy Act) considering the low amount of price in the sale deed as a deed of Hebabil-ewaz for non-pecuniary consideration in favou..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......cation apparatus for the purpose of broadcasting. The appellant relies on the first part of sub-section (2) but advisedly ignores the subsequent part of the said sub-section and, according to settled principles of interpretation the last part and a proviso should prevail over the first part. Apart f......aking it a mandatory consideration. 13. Dr. Hossain, the learned Counsel, submitted that the writ petitioner brought the money from the foreign sector and is a foreign investor and invested a huge amount of money pursuant to the promise and encouragement of the Government. Commission's failure to..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......ited decisions applicable in the facts of the present case reported in 35 DLR (AD) 225. 1994 BLD (AD) 219. 11. In the case of Shafi Khan vs Mannujan Hossain reported in 35 DLR (AD) 225 the principles laid down therein is that whether the right of pre-emption is available when the la......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ere the facts are so preposterous that even on the admitted facts no case can stand against the accused. (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings woul..Category: Anti-Corruption Laws | Date: | Hits: 89
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......he trawlers were seized along with vessel which also go to show that the vessel was at the place of arrest shown in the map prepared by the BNS Tamjeed. 9. Admittedly, the ship carried huge amount of contravened goods of various types having no bearing to its manifest inasmuch as the good..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... witness made the said statement to him while he was recording the statement of the witness under section 161 of the Code of Criminal Procedure. 13. It may be pointed out the settled principle of law is that the statement made by a particular witness and recorded by the Investigati......he incident the victim informed the informant, the inmates of informant's house and others close to her that the condemned prisoner demanded Taka 20,000 and that in case of non-payment of the said amount the consequence would be serious. 4. It may be mentioned in connection with the deat..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......he has submitted that Title Suit No. 123 of 1990 was dismissed on the ground of limitation and other grounds and that Title Suit No. 14 of 1991 was dismissed on the ground that the same was hit by principle of res judicata. Next, Mr. Md. Fazlul Karim has argued that the High Court Division in it...... of title for the plaintiff by way of gratuitous relief." 11. We have also noticed that the High Court Division did not consider as to whether the long possession of the plaintiff amounts to adverse possession. The learned judge did not come to a finding that the plaintiff asser..Category: Property Law | Date: | Hits: 51
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Deputy Secretary of the Ministry of Women and Children Affairs, was illegal on account of the President being her appointing authority. It was further held that the impugned order was against the principle of natural justice and in violation of Article 135(1) of the Constitution. The respondent......strative Appellate Tribunal is that the appellant was asked to make comments on some allegations published against her in a daily newspaper but she remained silent and this tantamounts to notice to show cause and hence no fresh notice to show cause before her removal from ser..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing in the same homestead, had been sold at a small amount of Tk. 40.000.00 whereas, the market value of this land was over ten lac taka. Complainant a..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......licy are not "judicially enforceable", that these Principles are not laws but are simply guide‑lines for the State including Parliament and that even if any law is inconsistent with the Fundamental principles that cannot be challenged in court; they contended that the impugned (Repeal) Ordinance i......may without designating an area as an administrative unit for the purpose of Article 59 in exercise of its plenary legislative power (Article 65) establish local Government is mischievous as it would amount to defying the mandate of Articles 59 and 60 which cannot be permitted. The argument, therefo..Category: Constitutional Law | Date: | Hits: 655
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