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K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......00. The plaintiff bank exhausted all process to realize the bank dues from the defendant respondents, but the defendant-respondents did not repay the amount due to the plaintiff bank. The cause of action for the suit arose lastly on 24.04.1997 and as such, the plaintiff bank has been forced to t..

Category: Banking Law | Date: | Hits: 97

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......5.06.2003. It also appears from the record that the Administrator has power to appoint Mutwalli under the law and the Administrator has the right to do so and if there is any grievance against such action it can be agitated before the District Judge by way of appeal. If a Mutwalli is removed and..

Category: Trust/Waqf Law | Date: | Hits: 173

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......neral diary. Thereafter following an application of the Book Society on 1st July 2007 the earned CMM, Ghittagong directed the O.C. of kotwali P.S. to maintain peace and tranquility and take lawful action in this regard. 7. It was also contended that on 5th July 2007 the opposite party No...

Category: Criminal Law | Date: | Hits: 32

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......, is that the respondent No.2 lodged an F.I.R. alleging, inter-alia, that he deals in cement and the accused-appellant as proprietor and partner of M/S. H. M. Enterprise in course of business transaction purchased cement on credit on different dates in all worth Tk. 2,51,82,845/- and paid Tk. 1,..

Category: Criminal Law | Date: | Hits: 32

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....re is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ......to the petition­ers in violation of the interministrial decision dated 18.1.2004 after affording the respondent No.6 an opportunity of being heard and respondent No. 1 was also directed to take action in the light of the report of the enquiry, if necessary. 8. We are of the view that t..

Category: Civil Law | Date: | Hits: 84

Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......;AvZzj gyRvwn`xb evsjv‡`k (†RGgwe). 2. The facts, in short, are that the petitioner is a Journalist, peace activists in Bangladesh and the Editor, Weekly Blitz. He brought this action to perform his public duty to protect present legal system as enshrined in Article 21 of the..

Category: Criminal Law | Date: | Hits: 43

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......t the lease deed executed and registered for peaceful enjoyment; the writ petitioner grossly violated the terms and conditions of the allotment and consequently the allotment was cancelled and the action of such cancellation is rightful and legal; in the facts and circumstances of case, WASA sta..

Category: Property Law | Date: | Hits: 28

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ainst the respondent was conducted by a single officer of the Trust and as such inquiry so conducted against the respondent No.1 was certainty violation of the Rule 27(2) of the Rules. Consequently action taken on the basis of the enquiry report of an enquiry officer was not legal. 9. ..

Category: Employment/Service Law | Date: | Hits: 408

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......he petition filed by the Respondent No.1 herein i.e. petitioner before the Administrative Tribunal. It was the specific case of the Bank that the case was not maintainable as there was no cause of action for filing the case. The Administrative Tribunal after considering the materials brought on ..

Category: Administrative Law | Date: | Hits: 96

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......ntant and remorseful and prayed for exoneration. Thereafter, the respondent No. 9 again served another show cause notice on him asking him to show cause in writing within 28.06.1999 as to why penal action should not be taken against him treating his earlier reply as not satisfactory. He replied ..

Category: Employment/Service Law | Date: | Hits: 77

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....llant hope­lessly failed to prove his case, so there being no substance the appeal is accord­ingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......al order but the said Miscellaneous case was dis­missed for default. The petitioner then instituted Title Suit No.314 of 1991 in the Court of Assistant Judge, First Court, Bogra on the same cause of action and ultimately prayed for withdrawal of the same and the Court by order dated 13-11-1997 allo..

Category: Tenancy Law | Date: | Hits: 155

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 970. ......below. 8. The learned Counsel further submit­ted that a Court of law is always com­petent even in a declaratory suit to cor­rect a mistake if the plaintiff does not take separate action for the rectifica­tion of the instrument; that failure to rectify a sale deed does not ..

Category: Property Law | Date: | Hits: 29

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... Defendant Nos. 1-5 contested the suit by filing joint written statement denying all the material allegations made in the plaint. Their common case, in short, is that the plaintiff has no cause of action, the suit is barred by the principles of estoppel, waiver and acquiescence and that the suit..

Category: Property Law | Date: | Hits: 24

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ......r, within two months from the date of receipt of the copy of the judgment and order" (in Writ Petition No. 4339 of 2004).  4. The writ petitions were filed impugn­ing the action of the writ respondents as to non­payment of the State Honorarium/Rastrio Sammani Bhata ..

Category: Civil Law | Date: | Hits: 126

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......pur, PS-Ramgonj, District-Khulna is directed to surrender forthwith to undergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..

Category: Anti-Corruption Laws | Date: | Hits: 173

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ...... Court. This has become very much a practice and procedure in our Criminal Jurisprudence that a person in obedience to a process of the Court must surrender before the Court and challenge the alleged action against him. In the instant case, the petitioner having not surrendered to the process of the..

Category: Anti-Corruption Laws | Date: | Hits: 139

Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)

....round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......transfer before the High Court Division in Writ Petition No. 84 of 1979 and the Rule issued was discharged on the findings amongst other that the order of suspension of the respondent No. 2 is not an action itself and the petitioner passed the order of his transfer within its jurisdic­tion. Mr. Sob..

Category: Employment/Service Law | Date: | Hits: 87

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......he land within 4 months from the date of receipt of the copy of the judgment and in case of failure on the part of the authority the writ- petitioners would be at liberty to take appropriate legal action against the writ-Respondents. 2. It may be mentioned the High Court Division while ma..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ...... P.A. Cum-Stenographers of Bangladesh Secretariat (re-designated as Personal Officer); the above representation was forwarded to the Ministry of Law Justice and Parliamentary affairs for necessary action which in turn was sent to the Ministry of Establishment but by communication dated 5.7.1998 ..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)

....espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ...... step for their eviction from the land so allotted and is being possessed and owned by the allottees upon making construction by them and have obtained connection of the utility services, that the action of the authority i.e. cancellation of the allotment was unlawful, that the authority in canc..

Category: Property Law | Date: | Hits: 27