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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ouches at the root of the mutual confidence of two brothers who were the only two share holders of the Company at the relevant time The petitioner not only brought the allegation of usurpation of all powers by the respondent but also deposed that he got no confidence in the Managing Director of the ......hellip;..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: The appeal is allowed. Cases Referred to- In re Yenidje Tobacco Co Ch. Div. 1916 (2) 426; Shri Ladli Prasad Vs. The Karnal Distillery......airs of the Company subject to control and supervision of the Directors. The last Annual General Meeting of the Company was held in December, 1969 but since then no General Meeting of the Company was called by the Managing Director who began to run the affairs of the Company himself ignoring the law......king. The learned Single Judge apprehending that respdt. No. 1 who got full control of the Company's business might not honour his undertaking gave direction upon him to call the defaulted annual meetings, submit profit and loss accounts of the Company and to allow the petitioner to participate ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s contention that there were no allegations whatever against the petitioner. Nor do we find any materials to substantiate his contention that the order of suspension is mala fide. The authorities got power to suspend a government servant under Rule 10, and even in absence of any statutory power of s......red To- 30 D.L.R. (SC) 96S; M. Saleh (1975) 27 DLR 328; 27 DLR 353. Lawyers Involved: Syed Istiaque Ahmed, Mahmudul Islam- For the Petitioner. Anwarul Huq Chowdhury, Deputy Attorney General, Syed J.R. Mudassir Hussain, A.A.G.- For the Respondents. Writ Petition No.......l, Syed J.R. Mudassir Hussain, A.A.G.- For the Respondents. Writ Petition No.323 of 1976. Judgment Shahabtiddin Ahmed J.- This rule under Article 102 of the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....n the order dated 11-2-74 passed by the learned Magistrate is illegal, the learned Sessions Judge should have referred the matter to this Court in spite of the fact that the learned Magistrate had no power to revive the proceeding. 11. The order of the learned Magistrate dated 11-2-74 and conse..........Petitioner Vs. Nurul Islam & others ..............................Opposite Parties Judgment July 18, 1978. Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar D......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
.... the aforesaid superior police officers under section 13 of the Police Act. Mr. Mohammad Ayub, the learned Advocate for the petitioners argues that the District Magistrate cannot invoke his power under section 13 of the Police Act to settle disputes over possession of any land be......s. Jadu Gopal Shah Bhowmik & others………….............Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali PLD 1961 (WP) K...... it was observed by a Division Beach that when the Magistrate acts under section 25 of the Police Act. since the provisions of the Code of Criminal Procedure do not apply to this act may be called an executive act. Similarly in this case since the provisions of the Code of Criminal Pr......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
.... the aforesaid superior police officers under section 13 of the Police Act. Mr. Mohammad Ayub, the learned Advocate for the petitioners argues that the District Magistrate cannot invoke his power under section 13 of the Police Act to settle disputes over possession of any land be......ioner Vs. Jadu Gopal Shah Bhowmik & others………….Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali PLD 1961 (WP) K...... it was observed by a Division Beach that when the Magistrate acts under section 25 of the Police Act. since the provisions of the Code of Criminal Procedure do not apply to this act may be called an executive act. Similarly in this case since the provisions of the Code of Criminal Pr......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossain, Advocate-on-Record - For the Appel......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ...... cross examination of the witnesses who appeared before the Board and gave information which formed the basis of the charges framed against the delinquent officer. 8. Rules 4-5 provides for the meeting of the Board and maintenance of registers, Rule 6 provides for collection of the materials..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....cations taking two grounds; one is that the State-owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance, 1973-Ordinance No. 23 of 1973, has curtailed the Mill authorities powers to give any promotion or financial benefits to employees of the Mills and has hit the Manager...... Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For th...... the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgment Shahabuddin Ahmed J.—These two rules, issued on two applications under Article 102 of the Constitution call in question certain decisions of the Chairman, Labor Court, Chittagong in Industrial Dispute Ca......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ...... Judgment Abdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learne...... sensation in his body. After reaching home he went to the latrine and after coming out from there complained of haziness of vision and burning of body and chest. The witness also stated that he then called Sanwar, Karam Ali and others to whom his father said that Mona gave pan to Fakir who then gav......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....n officer of the Bangladesh Army holding the office of the Chief Martial Law Administrator is now qualified for seeking any election. This amendment has been made by the Government in exercise of the powers under section 176-A of the Bangladesh Army Act, 1952. Mr. K. S. Nabi has contended that amend............................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K. A. Bakr, Attorney-General, Anwarul Huque Chowdhury, Abdul Wadud Bhuiya—For the Respondents. Wilt Pet......arul Huque Chowdhury, Abdul Wadud Bhuiya—For the Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent N......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....any disability to hold this office and as such no vacancy has occurred in the office of President without the meaning of Article 123 of the Constitution. The Chief Election Commissioner got powers to hold and conduct election to the office of President only when there is a vacancy in that ......dur Rouf—For the Petitioner (In Writ Petition No. 444/78.) Fakir Shahabuddin Ahmed, Shah Abu Nayim Mominur Rahman—For the Petitioner (In Writ Petition No. 447/78.) K. A. Bakr, Attorney-General, Anwarul Hoque Chowdhury, Deputy Attorney-General, Abdul Wadud Bhuiya, A.A.G.&m......nts (In both the petitions.) Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissioner respon......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....ing done in illegal manner is a nullify; (3) procedural provision contained vested rights and deprivation of procedural law, namely, by way of appeal is illegal; and (4) superior Court is vested with power to determine whether any authority has exercised the power conferred on it in accordance with ......tioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 44......f complaint before the Sub divisional Magistrate, Kishoregonj alleging, inter alia, that on 18-3-75 at about 4 P.M. accused Chand Mia and six others who were not named being armed with deadly weapons called out her husband Erpon Ali and killed him by gun shot. 3. The learned Sub-divisional Magi....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....n days of the filing of an application under sub-section (1), appear to be added at co-applicant. (6)The Revenue Officer shall, for the purpose of an inquiry under sub-section (4), have the same power as vested in a civil Court under the Code of Civil Procedure, 1908, including the power of:- ......e Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been r......intainable. Mr. Shahid submits that section 143A contemplated a civil proceeding and as such section 141 of the Cede of Civil Procedure applies. Since no provision has been specifically made in section 143A for addition of opposite parties, according to Mr. Shahid, Orde......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....is submission as there is no reason to give such a restricted interpretation to Article 52. In England, as we shall presently see, the Courts have always held such matters to be within the visitorial powers. Moreover, in our own jurisdiction, relief under Article 102 of the Constitution is......m, Advocates—For the Respondents. Writ Petition No. 279 of 1977. Judgment A.T.M. Afzal J.—This Rule, at the instance of the petitioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in L......session of study to which the petitioner belonged was already over and there was no scope for arrangement of "in-service training" of the students concerned. In such situation, the deponent called an emergent meeting of the Academic Committee of the Department on 3-9-76 and the Academic Co...... which the petitioner belonged was already over and there was no scope for arrangement of "in-service training" of the students concerned. In such situation, the deponent called an emergent meeting of the Academic Committee of the Department on 3-9-76 and the Academic Committee decided tha..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....s may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties” 4. There is no doubt that the power given to the Court under the Code is both wide and discretionary but it must be exercised judi......aint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent inju......the present Rule at the instance of defendant No. 1. I have heard the learned Advocates and perused the impugned order, petition and counter affidavit on record. The records of the case were not called for. 3. With regard to the application under Order 6 rule 17 of the Code, it a...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other Information, he shall make an order stating the grounds of his being so satisfied and the plenary power that has been given by the proviso appended to the subsection (4) empowers the Magistrate to p......ip;………………......(1st party) Oppoposite Parties Judgment March 29, 1978 Result: The reference is in the negative. Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other information, he shall make an order stating the grounds of his being so satisfied and the plenary power that has been given by the proviso appended to the subsection (4) empowers the Magistrate to p......;Petitioner Vs. Amir Hamja & 6 others……………………..(1st party) Opposite Parties Judgment March 29, 1978 Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
.... pay for the said period of notice. Such, payment of compensation may, however, be waived by the officer-in-charge or the Governor, as the case may be, at his discretion. So, sub-Regulation (i) gives power to the employee to leave or discontinue his service in the Bank in the manner as indicate......ve arise out of the same judgment and order of the High Court Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case ......uing as a temporary staff. For proper appreciation of the submissions made by the parties Regulation 12(ii) is quoted below: “12. (ii) The Bank may determine the service of any employee by calling upon him to resign or otherwise, after the expiry of the period of his probation on giv......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....ons having public character is not a local authority; it requires to be established by a law. A Resolution of the Government is not a law since it is riot made or issued in exercise of any law-making power of the President.
8. Mr. K.S. Nabi, the learned Advocate appeared today and placed before......)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………Res.......
S. R. Paul, with S. M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Coun......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....rovision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the ......espondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisitio......ddin, Assistant Attorney-General—For the Respondents. Writ Petition No. 865 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 10.9.77 of Respondent No.1 Secretary, Ministry of Land Reforms Govt......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....ated 5-12-62. The said notification of 1962 reads as follows:
“Exemption of machinery component parts etc. Notification No. S.R.O. 1302 (K)/62 dated 5th December, 1962:- In exercise of the powers conferred by section 7 of the Sales Tax Act 1951 (III of 1951) and in supression of...... Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited imported a Hydrant Sprinkler Plant on 19.2.63 in the accounting year 1962-63. No Sales Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under s......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
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