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Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......rted in: 46 DLR (HCD) (1994) 143. ......For the Respondents. Writ Petition No. 195 of 1987. Judgment Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed b......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....irs of such banking company or companies (including any business or affairs with which such banking company or companies is or are concerned) and, without prejudice to the generality of the foregoing power, may call for information, at such intervals as the Bangladesh Bank may deem necessary regardi...... For the Respondent Nos. 3-6. Writ Petition No.1159 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule Nisi was issued on 7th July, 1991 asking the respondent Nos. 1‑6 to show cause why the impugned publication made by the respondent No.1, Bangladesh Bank, represented...... banking company or companies (including any business or affairs with which such banking company or companies is or are concerned) and, without prejudice to the generality of the foregoing power, may call for information, at such intervals as the Bangladesh Bank may deem necessary regarding the inve......e issuance of the Respondent No.1, Bangladesh Bank, respondent 2, Deputy Manager, Banking Control Department, Bangladesh Bank, filed affidavit‑in‑opposition annexing the agreed proceedings of the meeting held on 21.7.91 which has been signed by the petitioner Mr. Madhab Chandra Pal, Managing Par..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....ncifully or arbitrarily. In the case reported in 29 DLR (SC) 268, it is held that the finding based on fact by the court of appeal below is binding on the High Court in the exercise of its revisional power but simultaneously it is held that if the learned Judge of the High Court finds that the decis......Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims....................hing in writing from the defendant at the time of contract or even at the time of parting witha good portion of the consideration money particularly when the parties were not on good terms being inimically disposed to each other from before. It is also submitted that the learned Court of appeal belo......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Rahela Khatun Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings, 1991, 20 CLC (HCD)

....cree is set aside or declared void by any Court of competent jurisdiction. A party to the suit cannot say that an agreement is forged which was the basis of the decree. The Court of Settlement has no power to set aside a decree of the Civil Court but it has the jurisdiction only to decide the matter......egunbagicha, Ramna, Dhaka and others.................Respondents Judgment March 12, 1991. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2. Writ Petition No. 398 of 1989. Judgment Md. ......ur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2. Writ Petition No. 398 of 1989. Judgment Md. Abdul Jalil J.- This Rule calls in question a judgment and order dated 23.2.89 passed by the Court of Settlement in Case No.......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....also cited the cases reported in 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100 and submits that it is settled proposition of law that the High Court Division has the power to quash a proceeding where, on the face of it, the FIR and the charge sheet do not disclose a......;…………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (A......State. Criminal Revision No.142 of 1991. Judgment Habibur Rahman Khan J. - This Rule was issued on 11.2.91 on an application filed under section 561A of the Code of Criminal Procedure, calling upon the Deputy Commissioner, Dhaka to show cause as to why proceeding of Special Tribunal C......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....f this Court comprising of Md. Abdul Jalil and Qazi Shafiuddin JJ. observed as follows: "A Magistrate cannot detain a person unless he or she is as accused in a Criminal cast but he has certain power under section 100 of do Code of Criminal Procedure. Section 100 runs as follows: If any ......oner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada......es ‑ For the Opposite Party No.1. Basharatul Mowla, Advocate ‑ For the State. Criminal Revision No.17 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why th...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....t: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide...... Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure ques......39 of the Arbitration Act found in para‑4 of the Judgment that in view of the provisions of section 39 of the Arbitration Act appeal shall lie only from those orders passed under the Act and specifically mentioned and from no other orders and those orders are specifically mentioned section 39 and ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

.... after recovery of the money by sale of the property according to the direction of the respondent the petitioner was released in consideration of the same and that it was a colourable exercise of the power under section 3 of the Special Powers Act. He further submitted that although the petitioner w......Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Ba......Abdul Wadud Bhuiyan, Additional Attorney General ‑For the Respondents. Writ Petition No. 366 of 1987. Judgment Md. Abdul Jalil J. - This Rule was issued at the instance of an ex‑detenu calling upon the respondents namely, the Government, represented by the Secretary Ministry of Home A......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

....eal the learned Additional Session Judge, 3rd Court, Dhaka affirmed the aforesaid order of conviction and sentence. While disposing of the appeal, the learned lower Appellate Court in exercise of its power under section 426 of the Code of Criminal Procedure granted provisional bail to the accused ap......15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... Ismail Siddique' which is marked as Ext. A(2). The signature of Md. Ismail Siddique as found in the admitted document namely, Ext. A vide A(1) and A(2) are similar to the signatures given in the power, affidavit‑in‑reply and in all other applications filed before this Court. The signature o...... December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting......ging Director. The original share script is still lying with the petitioner. The petitioner has also denied that all sponsor shareholders including the petitioner transferred their shares to the so‑called present shareholders as mentioned in Annexure C. In fact no transfer document was executed no...... 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting of the said ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....Ahmed, Section Officer, Government of Pakistan and others 17 DLR SC 63 (68) . "It is clearly impossible to construe the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is gov......Huq......................Respondent Judgment November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction......mbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that higher post, but that cannot be called a reduction in rank per se. The uninterrupted service rendered by the respondent for about fi......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)

.... the Privy Council in the case of Secretary of State Vs. Mask and Co., 44 CWN 709, and held that in spite of the provision of the statute barring Civil Court's jurisdiction in a case it still got power to see whether the tribunal was constituted according to law or whether it had followed the pr......be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mas...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..

Category: Others | Date: 29 Aug, 1990 | Hits: 115

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially inso......k is from judgment and order dated 27.2.1990 passed by a Division Bench of the High Court Division, Dhaka in Company Appeal No.17 of 1986 filed under section 202 of the Companies Act, 1913 (hereafter called the Act) allowing the same and setting aside those of the Company Judge dated 27.11.86 and fu......er released the unit on 21.8.76 and the share-holders/ Directors took over possession of the unit from the Corporation with all its assets and liabilities including pre‑liberation liabilities. At a meeting of he Board of Directors of the Company held on 21.9.76, the liabilities of the Company to t..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....clude the operation of the provisions of Order XXII of the Code. They would apply only where the provisions of Order XXII pose no difficulty in the prosecution of the appeal. In order to exercise the powers given by this rule, all persons to be affected by the order must be before a Court. It would ...... at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the defendants and the benefit of the appeal may be extended in fav...... bringing the non-appealing defendant on record. 9. On the other hand, Mr. TH Khan, learned Advocate, broadly contends that this provision of Order 41 rule 4 of the Code can be called in aid only when the necessary parties are before the appellate Court, and non‑impleading o......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

....ure, it is not only the right but the duty of the Court to correct its own mistake. In re: Swire Mellor Vs. Swire, (1885) ChD 239 Down, LJ of the Court of Appeal dealing with a question regarding the power of a Court to correct its own mistake observed as follows- "I think, the true view ......f-Respondent Judgment August 8, 1990. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to ......sometime in 1976 and upon its receipt back, no notice was given either to the respondent or to his learned advocate and thus the respondent was prevented from appearing in the Court when the suit was called on for hearing on 3.1.78. The petitioner opposed the prayer, inter alia, on the ground of lim......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

....he principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved:...... August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Banglad......loyee during his regular service period. Regular service, it appears, means service on confirmation in service after conclusion of the period of probation. In this sense an officer or employee may be called a permanent officer or employee, though this expression has not been used in the Rules. Claus...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)

....898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 CrPC has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not h...........Respondent Judgment August 1, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....r. Bhuiyan next contends that the conviction and sentence of the appellants without lacking evidence is also not warranted by law. This observation of the learned Advocate is wholly untenable because power of a High Court to institute a contempt proceeding is a special jurisdiction which is inherent...... and others ............Respondent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations......e. Normally contempt proceedings are disposed of by affidavits and counter affidavits- the question of taking evidence in the present case would have arisen provided the petitioners would have specifically denied the allegations made in the petition for drawing up a proceeding for contempt. Ca......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

.... and Benoy who gifted the suit land to the plaintiff-respondent by a registered deed of gift, Ext. 1 dated 6.3.61 which was executed and registered by her husband PW 4 Shambhu Nath Das by virtue of a power of attorney Ext.3 granted to him by B iswanath and Benoy. One Shyam Sundar Das was a monthly t...... The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....y, dismissed. Latifur Rahman J.- While agreeing with the order in the Review Petitions given by my learned brother ATM Afzal J, I would like to add few words on the scope of review. 11. The power of review of the judgment or order of this Court is provided under Article 105 of the Constitu......Article 105 Review of judgment when justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the......ondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

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