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....for compromise. Thereafter, the petitioner filed an application on 27-10-1996 before respondent No. 1 under Order XXIII rule 3 of the Code of Civil Procedure for a compromise decree in terms of Board resolution of respondent No. 2 as contained in letter dated 25-2-1995 which was accepted by the peti......aka 89,94,800.22 only against the petitioner and proforma respondent Nos. 4 to 7 who filed written statement denying the claim and pleaded set off. During pendency of the suit the parties settled the dispute amicably and the Board of respondent no. 2 approved the settlement in its meeting held on 28..
Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....annual general meeting held on 3 1-12-1997 elected the respondent No. 3 as Managing Director and respondent No. 2 as Chairman of the company as suggested by Bangladesh Shilpa Rin Sangstha and by a resolution passed at an extraordinary general meeting held on 9-6-1998 the share holders amended th...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... of the lands earmarked in the original layout plan for community purpose, recreation and other non-residential purposes. 3. The High Court Division found that there was no dispute that a part of the vacant space kept for use as park, play ground, school, mosque and commu..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......ings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case which was not necessary to resolve the real dispute between the parties………………(8-10) ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....e Board of Directors was in challenge. Plaintiff Akhteruzzaman Chowdhury wanted a declaration that they are lawfully appointed Chairman and Directors of the Board of UCBL by virtue of an unanimous resolution dated 26-8-1999 and defendant Nos. 1 to 5 are no longer Chairman and Directors of the Bo......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......the appellant. The said candidate not having been allocated “Langol” as its symbol filed Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application before the Election Commission for revi..Category: Election Law | Date: | Hits: 144
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......ficer Lalmohan, in the first writ petition found that population census of 1991 showed 39 increase of population per year and that question o variation of population taken in the other petition is disputed question of fact which cannot be resolved ii Writ Jurisdiction and that section 21(1) of t..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
.... "1" and "8" into '9' respectively in violation of Examination Rules. Therefore the Board Authority called for his explanation and the Examination Committee of the Board by its resolution dated 16.1.94 had come to a decision that the result of the respondent would remain unch......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......amsul Haque Siddique, learned Advocate‑on‑Record for the appellant and Mvi. Md. Wahidullah, learned Advocate‑on‑Record for respondent No. 1. 9. Admittedly there is no dispute that the appellant sent a show cause notice to the respondent asking him to show cause why ..Category: Property Law | Date: | Hits: 124
Special Reference No. 1 of 1995, 24 CLC (AD)
....resolving it; or The impossibility of deciding without an initial policy determination of a kind clearly for non‑judicial discretion; or The impossibility of a Court undertaking independent resolution without expressing lack of the respect due co‑ordinate branches of government; or A...... is in position to influence to accede to the wishes of the boycotters. The boycott, or varieties of it, is practiced in all parts of the world. Although the most common use of the world is in labour disputes, "boycott" is also employed in social, consumer, and international affairs and innumerable ..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......properties. They have also proposed themselves to be appointed as Trustees. 5. Respondent No. 8 the Editor of Bangladesh Observer, which is a commercial concern and which forms 'part of the disputed property, admits the creation of the Trust and supports the appointment of the appellant o..Category: Property Law | Date: | Hits: 76
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... Lt. Col. GL Bhattacharya vs. State 16 DLR (SC) 442=PLD 1964 SC 503 it was held in Pakistan vs. Md. Nimayatullah Farukhi, 21 DLR (SC) 238 (paragraph 5): "There can hardly be any dispute with the rule as laid down in these cases that apart from the provisions of section 21 of ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....d of the mischief which it was passed to remedy, and then he must supplement the written word so as to give 'force and life' to the intention of the legislature. That was clearly laid down by the resolution of the judges in Heydon's case, and it is the safest guide today. Good practical advi......89 passed by the Court of Settlement in Case No.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12..Category: Property Law | Date: | Hits: 86
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......ce alleging, inter alia, that because of his activities as the General Secretary of the Officers Association of the Corporation. He was disliked by the authorities and further that because of some dispute with the Director (technical) of the Corporation a conspiracy was hatched and the Chairman,..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......f the same ilk, was prevailed upon by them and the impugned order was thus passed. He argued that considering the detenu's good family background, his long service record which is unblemished and the dispute which cropped up in recent years with the Islami Sramik Shangha, it is apparent that all the..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......ant appellant, who is a senior professor of Dhaka University, and through Asgar Hossain the appellant developed intimacy and deep friendship with the respondent, a fact about which there is no dispute. 3. Appellant had been detained in custody as a collaborator from December 1971 to ..Category: Property Law | Date: | Hits: 69
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... objection against the same praying for cancellation of the said order dated 15.11.82. On 22.8.83 the abandoned property Management Board, Bogra, with respondent No. 3 in Chair, passed a unanimous resolution stating that the property is not an abandoned property which may be released in favour o......Azam was also serving an Inspector of Customs and Excise. On 22.1.63 the appellants father Syed Mohammad Azam and the appellants' maternal grandmother Waheda Begum jointly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......n getting information her father came, took her to Sylhet and arranged for her treatment. Again there was some settlement and she came to live with the respondent at Dhaka. It was decided that the dispute would be finally settled after the return of the respondent from London where he was to go..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... its duties under the Act. This is precisely what has happened in the appellant's case. 22. Now let us see what did tile DIT do With regard to the appellant's prayer. The Board of Trustees in its resolution dated 4:10.1978 (Annexure” A") very clearly said: “মেসার্স মহ......t Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The appellant, a private limited company, is engaged, inter alia, in the business of undertaking housing projects. It is not disputed that respondent No. 2 Rajdhani Unnayan Kartripakkha, briefly, RAJUK, (previously DIT) is a ..Category: Property Law | Date: | Hits: 79
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......ed judgment remediless. 10. Mr. Fazlul Haque, learned Advocate appearing with the leave of the Court for the plaintiff-appellant, submits that the learned Judges of the High Court Division did not dispute the well-established proposition of law that events and developments evolved and transpired ..Category: Property Law | Date: | Hits: 59
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