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DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....ndent Judgment August 20, 2003. The Code of Civil Procedure, 1908 (v of 1908), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend a......v of 1908), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... (AD) 85. 54 DLR (AD) 88, AIR 1979 SC 1628, AIR 1980 SC 1992, AIR 1985 SC 1147, AIR 1988 SC 157 and AIR (1996) 6 SCC 530. The principle of law enunciated in the aforesaid cases as to how the state power is to be exercised in dealing with state property, awarding contract, selecting the recipient......; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......hief Engineer, Housing and Settlement Directorate stating in case the land is allotted to defendant No. 6 that will be prejudicial to the market and that would also deprive the people from holding meeting frequently and thereupon prayed for not to allot the land to anybody. So, it is seen that p..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
....llip;Respondents
Judgment
August 11, 2003.
Result:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Ada......t:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in ...... aforesaid miscellaneous case. Then on 31‑3‑2003 the aforesaid Miscellaneous case was taken up for hearing and Rowshan Ara, the petitioner of the above Miscellaneous case having not been found on call, the aforesaid Miscellaneous case was dismissed for default. However in the meantime, on 25‑3......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......e is also Reported in: 55 DLR (HCD) (2003) 581. ......ce under 106 of the Transfer of Property Act. 12. In view of our discussion we find that the trial Court committed no illegality in decreeing the suit and the impugned judgment and decree do not call for any interference by this court. 13. During hearing of the appeal application under Ord....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....adesh and others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service......d others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the ......0 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot and......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....well mutated their names with the Dhaka Municipality, paid rent and taxes and were very much available and their whereabouts were not unknown and they were very much present in Bangladesh executing a power of attorney to possess the case property through tenant. The learned Counsel further Submitted......and others................ Respondents Judgment July 8, 2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive co......en held up in some foreign land and prevented from returning to his homeland by the circumstances over which he had no control, should be deprived of his property simply because he was not physically present to occupy, supervise or manage the said property, although it was being administered......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....n given without regard to the principles of natural justice is void and that was expressly decided in Wood Vs. Wood, (1874) LR 9 Ex. 190. I see no reason to doubt these authorities. The body with the power to decide cannot lawfully proceed to make a decision until it has afforded to the person af&sh......lip;…………………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (S...... Contemners. Rafique-ul Huq, Dr. M. Zahir and Mahmudul Islam, Advocates- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Cou......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....ervice of the writ petitioners are not only governed by the contract by which they have been employed in the service of the Corporation but also by the Rules and regulations made by the Corporation empowered by the Statute. It is also not correct to say that the reliefs granted by the High Court Div......on Judgment here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgme......rned by the law of contract and, as such, cannot be adjudicated in the writ jurisdiction; that the employment of the writ‑petitioners were on contract basis and the terms and conditions were specifically mentioned in the letter of appointment and the Service Regulations of the Corporation, Office ......of 5 years service, that policy change cannot and should not affect the terms and the conditions of the Stewardesses who have been appointed prior to the policy change, that resolution of 174th Board meeting is applicable to the petitioners inasmuch as they were appointed against permanent strength ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
.... the Tribunal did not act in accordance with law in directing the Magistrate to file a case under section 17(1) of the aforesaid Ain. 9. The Nari‑o‑Shishu Nirjatan Daman Ain, 2000 does not empower the Tribunal created under section 26 thereof to take cognisance against any person who has fi......nt Judgment April 28, 2003. Result: The Appeal is allowed. Lawyers Involved: Md. Raziur Rahman Chowdhury, Advocate—For the Appellant. Sk Rezaul Karim, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No.3689 of 2001. Judgment ......before the learned Nari‑o‑Shishu Nirjatan Aparad Daman Bishesh Adalat, Habigonj on 17‑9-2001 for hearing. The learned Adalat rejected the Naraji petition as the petitioner was found absent on call and after hearing the public prosecutor accepted the final report, discharged the accused perso......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....Company Court, on consideration of the principles of law and the facts of the present case, has appointed a neutral person to be the Chairperson of the AGM to be held for the defaulting years. The power of the Court under these sections 81(2) and 85(3) of the Companies Act are not merely procedu......p;……….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied......hellip;…….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to......espondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a m..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ssion he contended that the Government have paid attention ameliorate sufferings of the children in jail and have already started taking various steps in the direction. He further submits that a high powered committee named Juvenile Criminal Justice System Monitoring Cell (hereinafter referred to as......also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......on of the Hon'ble Prime Minister has been formed to do the needful headed by the Principal Secretary to the Prime Minister. In this connection the learned Attorney General produced the minutes of the meetings held on 16.07.2002, 02.11.2002 and 26.01.2003 attended, amongst others, by the Attorney Gen..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ated 23‑5‑1979. His service conditions were governed by the BADC (Service) Regulations, 1968 but the BADC Service Regulations, 1990 were formulated and the previous one modified under the power conferred by section 52 of the Bangladesh Agricultural Development Corporation Ordinance, 1961......tural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the provisions of law as that would be discriminatory and violative of th......re moved and leave was granted on following terms: “Mr Amir‑ul Islam, the learned Advocate for the leave petitioners, submits that the Service Regulations of 1990 do not recall a promotion already made or reduce a pay‑scale already granted but it provides for a clas......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....shy;section 7 of section 34 of the Companies Act 1913 (section 34 deals with registration of shares in a company) which reads as follows: ‑ "Nothing in this sections shall prejudice any power of the company under its articles to refuse to register the transfer of any shares", it ...... and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its share......nfidence and prevent irreparable loss and injury to the appellant. The SEC, in turn, wrote to the Company but to no avail. 10. The appellant caused to serve a legal notice on the Board calling upon it to register the said shares in his name. But the Board by its letter dated 29‑......ely kept the matter in abeyance at the instance of certain interested quarters. The question of registration of the appellant's said shares was ultimately discussed at the 88th, 89th and 90th Board meetings held on 811‑1993), 28‑11‑1993 and 29‑12‑1993 respective..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....veloped in the other jurisdictions. The High Court Division was of the opinion that words of section 233(l) to consider in the context of the case were: "affairs of the company" and "powers of the directors". The High Court Division considered the provision of section 233(1) .........................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority sh...... be doing. The executive director of the company realised that the company was not declaring all its income in the accounts and raised various issues regarding the signing 1986 accounts, He specifically noticed that the draft account 1996 did, not include approximately Taka 23, lac of freight th......ter the death of Mr. Ashraf Ahmed, the majority shareholder provisionally appointed Mr. Aslam Ahmed, the eldest son of late Mr. Ashraf Ahmed, as an Executive Director of the company. However, at a meeting of the directors held on 8 August 1987 the Board of Directors resolved to dismiss Ashraf Ahm..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....ney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and, as such, the application was liable to be dismissed. The Government of Bangladesh contested the case asserting that the power of attorney dated 11‑9‑1981 in favour of Mr. Lutfor Rahman Sarder was fraudulent,......03. The Succession Act, 1925 (XXXIX of 1925), Section 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession cer......r the submission on behalf of the appellant “that a ‘debt’ is property and is heritable and it is treated as property under section 3 and 130 of the Transfer of Property Act which calls it an ‘actionable claim’ and ornaments taken from the jewellery shop of the petit......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....lahabad High Court held that a legislature can certainly give retrospective effect to a piece of legislation passed by it, but an executive Government exercising subordinate and delegated legislative powers, cannot make legislation retrospective in effect, unless that power is expressly conferred by......espondent
Judgment
February 8, 2003.
Result:
The appeal is allowed.
The Constitution of Bangladesh, 1972, Article 102
The Private University Act, 1992 Section 7(d)
A mandatory condition having not been complied with no right accrued to the respondent to take recourse to ......tun 14 DLR 47 it has been held that a substitution of one legal provision by another does, in effect, repeal and re‑enact an earlier law. But then again, section 6 of the General Clauses Act specifically states that if any law is altered during the pendency of an action, the rights of the party is......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... Rule 23 of the State Acquisition and Tenancy Rules, 1955: Duties of Revenue Officers. - (1) The Revenue Officer shall, if he is vested with necessary powers in this behalf under the Act, incorporate, and if he is not vested with such powers, send up ......edure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....e things pledged upon giving a reasonable notice of sale. Both these rights are concurrent and they are provided in section 176 of the Contract Act a pledger cannot compel the pledgee to exercise the power of sale or its adjustment as a means of discharging or satisfying the amount due to him. The p......e pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and …...... security or may sell die pawned goods and then file suit for realisation of the amount, if any, remains due after adjustment of the sale proceeds. He continues that the pawnor has no right either to call upon the pawnee first to sell the hypothecated goods and to adjust the amount realised by such ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....een the interest of administration or the interest of the Union Parishad vis‑a‑vis the criminal proceeding. The criminal proceeding against the Chairman must of necessity be such that the power vested in him if exercised would either he prejudicial to the interest of the Union Parishad o...... (XXV1 of 1977), Section 13 An elected public representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from th......s taken by 5 commissioners since 5 other commissioners have affirmed affidavit denying the truth of the resolution said to have been taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting ...... but, in fact, the same was taken by 5 commissioners since 5 other commissioners have affirmed affidavit denying the truth of the resolution said to have been taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not l..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....) Section 4 The Government Servants (Discipline & Appeal) Rules, 1985 Rule 4 Section 4 of the Administrative Tribunal Act vested the Tribunal with the power to consider the regularity and legality of the proceeding initiated against the delinquent of......tion 4 The Government Servants (Discipline & Appeal) Rules, 1985 Rule 4 Section 4 of the Administrative Tribunal Act vested the Tribunal with the power to consider the regularity and legality of the proceeding initiated against the delinquent officer ......g of the aforesaid provisions it becomes clear that in matters assigned to the Tribunal, its jurisdiction is exclusive and to the extent the jurisdiction of all other Courts is barred. It follows logically as a general principle that comprehensiveness in dealing with such matters cannot lag far behi......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
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