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Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....es in which the facts are alike ....” “To act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial princ......n of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is gra...... guilty of such an offence. 7. In the case of Khalid Saigal vs State reported in 14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary power to grant interest on the awarded amount or any part thereof till realisation. ...... Judgment November 17, 2002. The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....and in this way the writ petitioner gained illegal monetary benefit by misusing the name of the Board and as per a decision of the Board's Committee meeting held on 29‑3‑1995 a high‑power three member Enquiry Committee was constituted to inquire about the allegations brought agains......209;Record‑For the Petitioners. SS Halder, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Civil Petition for Leave to Appeal No. 218 of 2002. Judgment &......nciple that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the principle of natural justice shall be applied unless it is specifically barred. But where service rule provides for show cause notice with reasonable opportunity for......so no prior notice was issued upon the said petitioner asking him to show cause. Writ-respondent No. 3 then by letter dated 14‑1‑1‑1997 informed the writ petitioner that in the meeting of the Board held on 30‑10‑1997 the application for review was not considered. T..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... November 5, 2002. Result: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of ......fendants. From Exhibit 10 it appears that the Managing Director of the company Tofayel Ahmed opposed the prayer by filing a written objection on 15‑3‑1989. In that objection Tofayel Ahmed categorically stated that the petitioners decided to transfer their shares to respondent Nos. 3 and 5 and th......to the company relinquishing their directorship, and respondent No. 1 himself executed an acknowledgment dated 31‑1‑986 for the receipt of the cash consideration upon a non‑Judicial stamp. In a meeting held on 31‑1‑1987 the Board of Directors, in presence of the respondents, approved the t..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
.... The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) ...... Judgment November 4, 2002. The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Ci......his sense the Code is not exhaustive minus section 151 CPC. This section contains residuary powers and expressly authorises a Court to make such order as it considers necessary even though not specifically provided in the Court, the only condition being that the order is necessary for the ends of ju......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....n 1996 BLD (AD) 106 and also placing reliance upon the ratio of the said case with the finding "that there was nothing wrong in initiating a criminal proceeding by Gulzar Rahman having a special power authorising him by Anwarul Islam to do everything necessary for him to do in respect of his ch...... KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents Judgment October 28, 2002. The Negotiable Instrument Act, 1881 ( XXXVI of 188......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
...., the High Court Division made the Rule absolute on the finding that the Evaluation Report was changed, by which the disqualified participant, ETV, was made qualified, which is a malafide exercise of power by the respondents. The whole process of preparing the report was not transparent and since th...... rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of peo......tion of Bangladesh, 1972 Articles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nat......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre reference periÂod, for this period the Arbitrator may allow in......€¦â€¦â€¦â€¦......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advoca......on 'c' of this Division in the aforesaid reportÂed decision. The learned Counsel for the petiÂtioner further submits that learned Subordinate Judge while making the award rule of the court specifically in the ordering portion of the judgÂment mentioned that award shall from part of the decree......alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
.... 3. Respondent No. 2 contested the Rule stating, inter alia, that the writ petition is not maintainable under Article 102 of the Constitution as the Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Code of Civil Procedure subject to the provision of the Artha Rin ...... Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Ju......inter alia, that petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 storied building on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liq......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......on dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to s...... not remember whether he told to daroga that Shaymol's mother told him that the cowherd of the buffaloes beat Shaymol. 14. P.W. 5 Yakub Ali a quack doctor has stated in his chief that he was called for treatment of Shaymol on Saturday but he did not give any medicine to him as he could not ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
.... order of detention was extended by the government under section 3(3) of the Act, for a further period of 3 months with effect from 2-2-2002. Subsequently, the government in exercise of its power under section 3(1)(a) of the Act, issued an order of detention on 22-4-2002 for a fu......ers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-General and ABM Walilur Rahman Khan, Assistant......d the grounds of detention were placed before the Advisor/Board within one hundred and twenty days from the date of the order of detention, the detenu is being detained legally and no interference is called for by this Court. 7. A supplementary affidavit has also been filed on behalf of the sta......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... and that he and his brother sold 1‑26 acres of land to some others. It is also the case of the defendant that neither he nor his brother executed the deed of exchange in the form of irrevocable power of attorney and that the alleged deed of exchange in the form of power of attorney is forged,......e in the case. Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Naz......stablished by placing any material on record. The plaintiffs are claiming the land on the basis of Exhibit 1. Fact of plaintiffs being in possession of the land of schedule 'A' has not been specifically denied by the non‑contesting defendant Nos. 6‑12 in their pleadings. The lone contesting ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....articipating in the tender…..(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This cou...... Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while......entation of the aforementioned leave petitions, which have been heard together, may be briefly stated: 4. A Rule Nisi was issued in Writ Petition No. 5050 of 2001 by the High Court Division calling upon the respondents to show cause as to why the licensing agreement dated 9-3-1999, signed......d by the Secretary, Ministry of Finance. It is stated in his affidavit-in-opposition that decision of charging Taka 1200 and formulation of some other conditions were taken in an inter-ministerial meeting with Ministry of Information and Bangladesh TV, the condition to charge Taka 1200 was dropp..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....tige and image of the judiciary and that of the Supreme Court must be kept, maintained and protected by avoiding any comments demeaning it or lowering it in the estimation of the public at large. The power, prestige and image of this Court should remain above all controversy. It is contended that th...... Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......' have committed the gravest contempt of Court. In the interest of rule of law and independence of judiciary and administration of justice it is necessary that the aforementioned person should be called upon to show cause why they should not be proceeded against for committing Contempt of this C......e recorded a conversation of a Judge who spoke about such a matter over the telephone with a very important political leader that it was really unbelievable. The conversation referred to a late night meeting on 24th of August, 2000 and it was recorded by a political leader. The entire item, which wa..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney- General—For the Respondent. Criminal Appeal No. 1709 of 2000. Judgment Khondker ...... of about 500 cubits from the house of the victim. On 3-12-1998 at about 8-00 PM, when the male member of the victim’s house were absent, the accused Parul Begum came to the house of the victim and called her outside the house in presence of her mother and sister Runa Laila. Thereafter at 9-00 PM ...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....DLR (AD) 1. 20. On the other hand, Mr. Abdur Razzaq has argued that in this particular case the petitioners have come to this Court to bring to the notice of this Court the mala fide exercise of power by some high Government officials and to seek intervention of this Court by way of judicial re......ip;……………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and...... Assistant-Attorney-General with Karnrunnesa, Assistant Attorney-General — For the State. Writ Petition No. 5050 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by ......ted by the Secretary, Ministry of Finance. It is stated in this Affidavit-in-Opposition that decision of charging Taka 1200 and formulation of some other conditions were taken in an inter-ministerial meeting with Ministry of Information and Bangladesh TV that condition of charging Taka 1200 was dele..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... arriving at the concurrent findings of fact by the first two courts the learned Single Judge travelled beyond his jurisdiction in interfering with the decision of the courts below in exercise of his power under section 115 of the Code of Civil Procedure. He further submitted that the plaintiffs hav......he finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. ......eclaration of title and confirmation of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit land is a part of the Beel called “Doha Beel' plaintiffs claim that Jabbar Biswas and others were the CS recorded tenants...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....y Nos. 1-5 was not in accordance with law but I find that there are sufficient substance in the said application to treat the said application as one under Order XXII rule 10 CPC. The Court has ample power to treat an application filed under Order I rule 10 CPC as an application under Order XXII rul......5 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff ......ommitted no error of law in substituting them in the suit in place of the deceased. For the reasons stated above, I find no illegality or impropriety in the order of the learned Assistant Judge which calls for interference by this Court. Accordingly, I find no substance in the submission of the lear......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......t No. 2 (In Criminal Petition No. 167 of 2001). Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-8-2001 pas......ndrance to proceed with the criminal cases. 6. The learned Advocate failed to point out any legal infirmity in the judgment of the High Court Division which may call for our interference. All the three petitions are dismis...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... Additional Attorney‑General that the guideline principles having been laid down in sub‑rule‑(1) and (2) of Rule 3 published in the Notification dated 1‑7‑88 by the Board in exercise of its power conferred by the Excise and Salt Act, High Court Division erred in law in finding that there w......oviding levy and assessment of duty on the basis of filling valves in respect of production of aerated water of all sorts as per the guideline provided in the impugned SRO the same cannot be declared to be without lawful authority…................................(35) Cases Referred to- Z......chedule. (2) The National Board of Revenue may, by notification in the Official Gazette, fix, for the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the First Schedule as chargeable with duty ad valorem and may al...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
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