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Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....t of Settlement in respect of the suit property. From the order sheet it appears that the suit was filed on 2-6-86 and on the next day i.e. 3-6-86 defendant No.3 DIT (now RAJUK) appeared by filing power and the present defendant-appellants filed the written statement before 20-9-86 taking specif...... The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon......High Court Division wrongly held that the defendants totally failed to make out a case that they had been prevented by sufficient cause from appearing in court on 4 January, 1988 when the suit was called on for ex parte disposal. 12. Mr. B Hossain, learned Deputy Attorney-General ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......e absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable.......the charges. The enquiry proceeding, due to pendency of the Appeal in the civil Court noted earlier, having not been completed within the prescribed period of 120 days the proceeding ended automatically and thereby respondent No.1 stood released from the said charges. He did not join thereafter ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......ip;…………Respondents Judgment March 11, 1998. The Code of Civil Procedure, 1908 (V of 1908), Or. XL r. 1 The Appellate Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such except......s are of such an exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice. The learned Counsel for the petitioner could not make out any such case to call for an interference. The petitions, therefore, merit no leave and are dismissed......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ons of the learned Advocate for the appellant: (1) Article 21 of the Bangladesh Krishi Bank Order, 1973 having authorised an officer of the rank of Manager or above with all the powers exercisable by the Certificate Officer under the Public Demands Recovery Act, 1913, briefly......emands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained i......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....earned Counsel have argued that the Chairman was not the competent person to authorise and so the report filed on his authority was incompetent. Secondly, even if the Chairman could authorise being empowered by the Commission, the authority in the present case was bad because the Commission empowere......
The Security and Exchange Commission Act, 1993 (XV of 1993), Section 25
The Code of Criminal Procedure, 1898 (V of 1898) Sections 435, 438 & 439A
Objection raised by the petitioners as to lack of authority of the officer was premature in that they did not surrender before the CMM befo......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......s found to be dated 1-4-97 and the report/complaint was filed on 2-4-97. It is found from the Sessions Judge’s judgment that on behalf of the SEC papers were produced to show that in the 28th Board meeting of the SEC held on 2-4-97 at 9-00 AM under the president ship of the Chairman of the Commiss..
Category: Business or Commercial Law | Date: | Hits: 163
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ver-riding title is fully attracted. The disputed amount never reached the appellant as its income.………………………(23) Cases Referred to- S Naseem Anwar vs. Income Tax Officer 15 DLR 414; Tata Iron & Steel Co Ltd. vs. NC ......lished law that income so diverted cannot be assessed in the hands of the person diverting it. 10. The Appellate Tribunal without applying its mind to the points raised almost mechanically dittoed the order of the DCT whereupon the appellant made the application before the High Co......ecision of the Government. In support of its contention a written explanation was submitted by the appellant which, inter alia, reads as follows: 4. Subsequently an inter-Ministerial meeting held on 17-11-1979 with representatives from Ministry of Finance, Ministry of Petroleum and..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... respondent’s case because of the aforesaid bar and rightly so, because the Tribunals being created under ordinary statute could not afford to ignore the mandate of the Constitution. But the power of judicial review of the High Court Division under Article 102 is a power derived from the C...... for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. Th......The learned Additional Attorney-General submitted that there is a difference between judicial power and jurisdiction and the judicial power cannot be invoked where the jurisdiction has been specifically ousted by the Constitution. In this connection, he referred to State vs. Zia-ur-Rahman PLD 19......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....proper authority for transferring the acquired land as per law. The proposal of the plaintiffs ought to have been accepted by the Government of Bangladesh. The Railway Administration had no lawful power or authority whatsoever to enter into such contract. The learned Subordinate Judge further ob......, Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act………&hell...... Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the Land Acquisition Manual was binding upon the appellant since violation of the same would call for a disciplinary action against the employees of the appellant and that the appellant and no......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
............................... Respondents Judgment July 23, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remed......08), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Involved: SK Afzalur Rahman, Advocate, instr......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......he People’s Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. The Constitution of Bangladesh, 1972, Article 102 The writ petitioner has been able to make out a case that its own private interest is so overwhelming that public interest should be s......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......the Chittagong Silo Jetty. The writ petitioner’s tender was the lowest amongst three bidders and the Minister-in-charge of Ministry of Food approved of the petitioner’s tender on 4-2-97, but in a meeting held in the Ministry of Food on 16-3-97 a contrary decision was taken to give the work to Ba..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of P......994 which, inter alia, says that until the contrary is proved a meeting of the directors of a company, in respect of the proceedings of which minutes have been made, shall be deemed to have been duly called and held, that the High Court Division ought to have held that notice of the meeting dated 7-......nt
June 30, 1998.
Result:
The petition is dismissed.
The Companies Act, 1994 (VIII of 1994), section 83 (3)
(i) It does not appear from the impugned judgment that the minutes of the meeting was either prepared or produced at any stage before the Court. Rather, the High Court Divisi..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....nue-earning office of the Government, the Commissioner of Customs, challenging the interim order passed in Writ Petition No.4254 of 1997 on 7-7-97, and questioning the basis and foundation of this power, inviting the Courts to open their eyes on the provisions of Article 102(4) of the Constituti...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. ......hat is making the interim order the High Court Division granted the writ petitioner the whole relief and he has nothing more to ask for. After taking release of his imported vehicles he can now cynically withdraw the writ petition and leave the respondent appellant in a quandary as to how to real......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....wdhury obtained thumb impressions of Sabirul Hossain Chowdhury in the disputed two heba-bil-ewaz deeds on 4-10-80 dishonestly and fraudulently when Sabirul Hossain Chowdhury was deprived of the power of knowing the contents of the disputed deeds by practicing deception upon him.” ......60 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of deception practiced upon him did not know the contents of the document a...... Judgment January 28, 1997. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of de......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......;………………………………………..Respondents Judgment October 21st, 1997. The Penal Code, 1860 (XLV of 1860) Sections 96—106 Ri......n the date of occurrence and left for another place to attend another meeting and was not present at the place of occurrence at all. It was also his defence that the PWs and the informant were inimically disposed towards him as his opponent in the election for the Chairman of the Union Parishad ......ful Islam is that he was neither the owner nor the possessor of the disputed land. He mediated between the parties at 6-00 AM on the date of occurrence and left for another place to attend another meeting and was not present at the place of occurrence at all. It was also his defence that the PWs..Category: Criminal Law | Date: | Hits: 96
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imports and Exports had acted merely under the direction of the Government without independent exercise of his power in accordance with Articles 6, 8 and 9 of the Importers, Exporters and Indentors (Registrati......th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner (In CP No. 606 of 1997). B Hossain, Deputy Attorney-General instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....pondents Judgment December 11, 1997. The Insurance Act (IV of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement num......he failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stored in the freezing plants which the respondents are liable to compensate. Restoration of the pow......public power supply (Dos Policy) and (ii) loss due to machinery (MBD Policy) and the policies were renewed 13-4-92. Later, to cover the risk of flood and cyclone, the appellant took another policy called Fire Policy, which was valid upto 15-5-92. 3. On 18-5-91 there was a cyclone ......final report of the surveyor was a tentative assessment made on 30-5-91 subject to discussion between the parties including the surveyors to ascertain the quantum of damages but in reality no such meeting was ever held. Mr. Yousuf also does not make any point out of this survey report as because..Category: Business or Commercial Law | Date: | Hits: 147
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... by Md. Nawab Ali, Advocate-on-Record —For the Petitioner. Sharifuddin Chaklader, Advocate-on- Record-For Respondent No. 1. Respondent Nos. 2-15-Not represented. Civil Petition for Leave to Appeal No. 432 of 1997. Judgment Md. Abdur Rouf J.- The plaintiff- petitioner along with hi...... Judge of the High Court Division in our opinion has not committed any illegality in upholding the decree of the lower appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DL...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....g the tradition, custom and usage which govern such selection. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because ...... The selection of Bohmang Chief is no doubt an executive selection and judiciary will not substitute its own selection in place of executive selection because it is not the function of the judiciary to select a Bohmang Chief. The selection will have to be made by the executive only. The court will ......) is third in seniority amongst his three brothers, all of whom are younger in age to the appellant who is highly educated and was State Minister of Bangladesh during 1979-1982. The appellant is physically fit and mentally alert to perform the functions of the Bohmong Chief’s office. According to ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....he said order on the ground that the Managing Committee of the School is the proper authority to reinstate respondent No. 2 and respondent No. 1 had no authority to direct the exercise of magisterial power to reinstate respondent No. 2. 4. Respondent No. 2 contended that in pursuance of the imp......outside of the framework of the statute but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, the Appellate Division is not inclined to interfere…………….(7) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instr......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....It may be argued, as the appellant’s Counsel did, that the welfare of the child would be best served if his custody is given to a person who is entitled to such custody. Nevertheless, court’s power to determine the entitlement of a party to the Hizanat is not limited to mere observance of ......lil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she doe......st the respondent. 11. Respondent No.1 alleged that his (former) wife had totally disregarded her responsibilities to the minor children in his absence which had seriously affected them both physically and mentally. The children were living (presently) under the care of their grand-mother (respo......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
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