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Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....under Order 39 rules 1 and 2 and by granting temporary injunction the learned court committed an error of law and fact.” Unfortunately, the learned Judges did not decide the point regarding the power of the civil Court in granting injunction in a matter covered under Article 34 of President’......y) Rules, 1981 till disposal of Money Suit No. 5 of 1994. 2. The short facts necessary for disposal of the appeal is that, defendant-appellant Bangladesh Shilpa Rin Sangstha (hereinafter referred to as ‘BSRS’) is a Sangstha established by the BSRS Order, 1971 (President’s Order No.128 of 1......g under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative mode of recovery of BSRS dues/overdue under a special law and Article 34(5) of the said order having specifically precluded the courts from issuing any order of injunction the learned Judges of the High Court......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......hers ……………Respondents Judgment February 14, 1999. The Shops and Establishments Act,1965 (XXVIII of 1965) Sections 8 & 9. The Factories Act, 1965 (VI of 1965), section 58 Section 8 merely prescribes the maximum number of ......1/2 hours and “2 hours in a week in place of 48 hours through a settlement, arrived at between the Management and the CBA of the workers, the clerical staff/worker cannot and does not automatically get overtime allowance at double the ordinary rate of wages for working beyond 381/2 hours a......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....rary or indiscreet exercise of discretion. Mr. Hossain submits that the impugned order awarding cost is one such order which should be set aside even though it cannot be disputed that the Court has power to award reasonable cost in the facts and circumstances of a particular case. 3. We ......;………………Respondents Judgment July 20, 1998. Cost In awarding heavy cost the court should give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......……………….. Respondents Judgment January 28, 1997. The Evidence Act, 1872 (I of 1872) Section 115 The question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and......approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Government could not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by anothe......ainst the Judgment and order of the High Court Division. 2. Respondent No. 1, Bay Trawling Limited submitted a project for manufacturing of fishing trawlers. The reject was approved in the meeting of the Investment Board of the Department of Industries held on 3-1-78. The project is 100..Category: Business or Commercial Law | Date: | Hits: 91
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....998. The Constitution of Bangladesh, 1972 Article 68 The President’s Order No. 28 of 1973 President’s Order No. 28 of 1973 was specifically enacted in pursuance of the powers of Parliament granted by Article 68 of the Constitution. It cannot be said therefore that t......stitution. It cannot be said therefore that the insertion of Article 3C is beyond the scope of President’s Order No. 28 of 1973……..(6) A Member of Parliament is entitled to such privileges as the Parliament may determine and the determination is an act of discretion, p......t Judgment June 23, 1998. The Constitution of Bangladesh, 1972 Article 68 The President’s Order No. 28 of 1973 President’s Order No. 28 of 1973 was specifically enacted in pursuance of the powers of Parliament granted by Article 68 of the Constitution. I......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ident Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Court Division. Nobody ha......n the Prime Minister of the country, that a Bench had disposed of 1200 cases, may be motions for bail, in two days which, if one is aware of the functioning of the High Court Division, is almost physically impossible. If the Judges had that rate of disposal, there would not have been any backlog in ......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......2, Article 103(1) Since the respondent-petitioner has wide avenues open for both hearing of the Rule Nisi and the injunction matter in the High Court Division itself the Court is not inclined to interfere with the matter……….(5) Lawyers Involved: KS ......n No.7741 of 1997). Judgment Mustafa Kamal J.- The writ petitioner-respondents obtained a Rule Nisi from a Division Bench of the High Court Division on 8-12-97 calling upon the respondent-petitioner and two other respondents to show cause why a direction shou......ation dated 22-2-98 whose serials are below the serials of the writ petitioners. By the same Notification, four persons have been promoted whose names are not in the gradation list at all. Another meeting of the Superior Selection Board will be held on 2-3-98. The writ petitioners will suffer i..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....egulations, 1977, shortly the Regulations 1977, the High Court Division held that the Government couched the memo in the form of request, but it was, in fact, a direction and the Government has no power under the Ordinance and the Regulations to issue such a direction or recommendation. ......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual schools and colleges. Under t...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on the ground of f......Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of thi......tion. 8. It appears from the record that no objection was raised before the trial Court as to the competency of the said Abdul Latif to file the application. This point was also not specifically raised before the High Court Division. 9. The order of restoration of the suit havin......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ..Category: Procedural Law | Date: | Hits: 118
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....enesis of the impugned order is briefly as follows: The lands involved in all the writ petitions belonged to one Shah Sufi Emaduddin Ahmed Chisty. The Deputy Commissioner, Dhaka, in exercise of his power under the East Bengal (Emergency) Requisition of Property Act. 1948, hereinafter referred to......nbsp; June 10, 1997. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into ......of requisition was made. On 21 October 1964, steps under Sections 5(1a) and 5(3) of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Ema......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
.... the credibility of the witnesses. The plea of alibi can be taken before the trial court as defence and the court may consider it if proved. The investigating police officer has not been given any power to judge the defence plea of alibi…………………&hel......llip;……….Respondents Judgment March 8, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken be......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....ns of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority shareholders apply under section 233 of the Companies Act, the Court has inherent power to make alternative arrangements for appointment of Auditors for past years if no auditing h......bsp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority shar...... hold Board Meetings and so the petitioner and k respondent Nos. 5 and 6 held a requisitioned meeting of the Board of Directors on 28-2-95 and in the said meeting petitioner No.1 was authorised to call a meeting of the Board on 30-3-95. The members were duly notified on 16-3-95. Respondent No.......; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority shareholders apply under secti..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....the affidavit in support of the writ petition on behalf of the writ petitioner only with the leave of the Court, provided he can satisfy the Court by producing either the letter of authority or any power of attorney supporting his authority to swear the affidavit. Rule 1 Order 3 of the Code of Ci...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be enterta......ms title to the disputed buildings having been seriously challenged by appellant, whether the High Court Division erred in law in disposing of the writ petition on merit without determining basically those contentious issues including the locus standi of the writ petitioner. Secon......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....on. It has been, inter alia, stated therein that the Government refixed the tariff value of different importable items of goods by issuing notification SRO No. 224 dated 14-6-90 in exercise of the power conferred on it under section 25(7) of the Customs Act, 1969 and in super session of notifica......dents Judgment May 21, 1998. The Customs Act , 1965 (IV of 1969) Section 19 Subsequent notifications enhancing the tariff rate s...... however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 praying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in betw......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....mend for releasing the disputed machinery at the exempted rate was not given at the time of approving the project under section 11(4) but it cannot be gainsaid that it was given in exercise of its power for implementation of the project following its approval of the same. The scheme of the Act s......p;…. Respondent Judgment November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for r......12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical example of what may be called, bureaucratic foolhardiness which is often complained of as a disincentive for the would-be ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....y the Board, is not contemplated but such approval should be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Section 21 This rule did not empower the Board to rescind the order which had been lawfully passed by them earlier disapproving the...... The Recognised Non-Government Intermediate College Teachers (Board of Intermediate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be s......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31....... appeal in presence of the respondent and the representative of the College. Finally the Board vide its Memo No. College 31(2) dated 3-2-85 informed the Principal of the College that the Board in its meeting held on 5-1-85, had decided that the order of dismissal of the respondent from service had b..Category: Employment/Service Law | Date: | Hits: 79
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... Judgment March 1, 1998. The Constitution of Bangladesh, Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so ...... 1998. The Constitution of Bangladesh, Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, ......icial view is completely different from ours. It is the approach of subjective satisfaction that is being made in the preventive detention cases and since our Constitutional jurisdiction is radically different, it will be a dangerous slip to go into these decisions for persuasive argument. ...... Jail, J found as follows: The ground is that on 10-12-90 the detenu in an interview with the BBC correspondence stated that he would start election campaign by holding a meeting of his party on 16-12-90 or on a near about date and he had nothing to repent or explain. I..Category: Constitutional Law | Date: | Hits: 191
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....being disputed cannot be decided in writ jurisdiction. 5. Sub-section (1) of section 29 of the Town Improvement Act as amended by section 22 of the Town Improvement (Amendment) Act, 1953 empowers RAJUK to dispose the acquired land by a sale, lease, exchange or otherwise and sub-section (...... Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land liable to be released under that section as the same was not applicable in case of land requisitioned unde...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......Respondent No. 3, the requiring body, did not utilise 74 decimals of land and it remained unutilised. The writ-petitioners of both the cases stated that the Ministry of Land took a decision in the meeting held on 2-6-88 that the requisitioned land must be used within 3 years from the date of dec..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......ion before the Court of Settlement the said Court was not duly constituted, it was so constituted and functioning when the writ petition was made. When the Court of Settlement was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not be said that......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....nted to consider the submission of Mr. Mahmudul Islam, learned Attorney-General, that in this case the tariff value of goods has been increased before the submission of bill of entry in exercise of power under section 25(7) of the Customs Act. Section 30 of the said Act provides that duty has to......able condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under section 33 of the Customs Act withi......stion of applying the vested right of the appellants in that reported case. 8. Mr. Mahmudul Islam, learned Attorney-General appearing in the present case on behalf of Bangladesh has practically reopened the question left by us as to the interpretation of section 25(7) of the Customs Act......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
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