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Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..

Category: Constitutional Law | Date: | Hits: 163

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ..

Category: Employment/Service Law | Date: | Hits: 95

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

....hittagong, decreed the suit and directed defendant Nos. 1-3, 9 and 10 to execute and register the kabala in favour of the plaintiff. The decision was upheld by the learned Subordinate Judge, First Commercial Court, Chittagong, in Other Appeal No. 576 of 1991. Defendant Nos. 9 and 10 then moved t...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..

Category: Property Law | Date: | Hits: 73

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......unt by instalments he has referred to several decisions; namely, Gobardhan Prashad vs. Bishunath Prasad AIR 1921 Patna 340, Gobardhan vs. Dee Dayni AIR 1932 Allhabad 273 (FB), Bilimoria vs. Central Bank of India AIR 1943 Nagpur 340 (FR), J Krishnareddy vs. B Ramagopalaiah AIR 1985 Andhra Pradesh ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..

Category: Family Law | Date: | Hits: 144

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......llan a sum of Taka 1,97,780, which was given to him on account of traveling expenses. Thereafter, by the above mentioned Memo he was further directed to deposit the rest of the money in Bangladesh Bank. He was unsuccessful in the review preferred to the President. Thereafter he filed the above m......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..

Category: Administrative Law | Date: | Hits: 149

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

.... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... …………………………Respondent  Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. Lawyers Involved: ...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ndertaken in relation to FAP projects even though the European Parliament declared in its resolution of 24 June 1993 that there was urgent need of changing the FAP’s classification within the World Bank project scheme from category ‘B’ to category ‘A’ requiring full environmental assessmen......orm the provisions of Order 53. What is “sufficient interest” came to be expounded by five separate Judgments by five Law Lords in 1 RC vs. National Federation of Self Employed and Small Business Ltd. (1981) 2 All ER 93, which was summarised by Schiemann, J. in RV Secretary of State, ex parte Ro..

Category: Constitutional Law | Date: | Hits: 450

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Krishi Bank………………………………......d notice issued under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for lo..

Category: Business or Commercial Law | Date: | Hits: 150

Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)

....n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......riminal Procedure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the ......n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..

Category: Criminal Law | Date: | Hits: 79

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......(32) Cases Referred to: Mujibur Rahman vs Bangladesh 44 DLR (AD) 111; Abul Bashar vs. Bangladesh 1 BLC (AD) 77; Collector, Central Excise and Land Customs PLD 1985 (SC) 82; Bangladesh Bank vs. Appellate Tribunal 44 DLR (AD) 239; Asma Jalani vs. Government of Punjab PLD 1972 (SC) 13......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..

Category: Administrative Law | Date: | Hits: 130

Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others Vs. Ittefaq Group of Publication Ltd., 1998, 27 CLC (AD)

....dants from acting upon the aforesaid resolution dated 7-1-95 and/or allowing the operation of the Bank accounts of the company maintained with the defendant No.1 Bank at BCCI Bhaban, 30-3 1, Dilkusha Commercial Area, Dhaka or elsewhere. 3. The plaintiffs by another application prayed for tempor......llegal, ultra vires and void ab initio. b) A decree for permanent injunction restraining the defendants from acting upon the aforesaid resolution dated 7-1-95 and/or allowing the operation of the Bank accounts of the company maintained with the defendant No.1 Bank at BCCI Bhaban, 30-3 1, Dilkush...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner Vs. Ittefaq Group of Publication Ltd. represented by Mainul Hosein Executive Director 1 and others ……….. Respondents Judgm..

Category: Business or Commercial Law | Date: | Hits: 121

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......mount has prima facie no sanction of law. Government cannot be allowed to run on illegal collections as well. Lest what appears to be illegal on first impression turns out to be legal after all, a Bank Guarantee is a sufficient protection to a taxing authority’s questionable demand…...... Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd AIR 1985 (SC) 330, Siliguri Municipality vs Amalendu Das AIR 1984 (SC) 653; Titaghur Paper Mills Co. Ltd. State of Orissa vs. AIR 1983 (SC) 603; Union of India vs. Oswal Woollen Mills Ltd. AIR 1984 (S..

Category: Criminal Law | Date: | Hits: 119

Mahbubul Alam Vs. State, 1997, 26 CLC (AD)

....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......poration. Kandirpar, Comilla during the year 1977 received Taka 71,539,90.00 paisa towards premium from different policy holders and he misappropriated the same without depositing the amount with the Bank in Current Account No. 3260 of Jiban Bima Corporation. The defence is only of innocence and fal......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..

Category: Property Law | Date: | Hits: 69

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..

Category: Business or Commercial Law | Date: | Hits: 147

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......ound that the petitioner received a sum of Taka 43,708.00 from Tax Collector Nurur Rahman Khan (co-accused) by putting his signatures on the back of the receipts Ext. 3, series but deposited with the Bank Taka 40,654,61 paisa only and misappropriated the balance amount of Taka 3,053.42 paisa and the......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..

Category: Criminal Law | Date: | Hits: 95

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahajadpur Central Co-operative Bank Ltd……………….……………….Appellant Vs. Majibur Rahman and others……......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..

Category: Property Law | Date: | Hits: 83

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......mal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moon Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign Exchange Corporate Branch and others …….Respondents Judgment October 20,......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..

Category: Civil Law | Date: | Hits: 137

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....re being considered for promotion to the Selected Posts of Deputy Secretary. They have already put in a number of years in Government service which is basically different from working as a Pilot in a Commercial Airline. Evaluation of their efficiency, conduct, discipline, comprehension, initiative, ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......1957 (SC) 912; RP Chaturvedi vs. State of MP (1969) 2 SCC 240; Ram Gopal vs. State of MP, AIR 1970 (SC) 158; Ram Sharma vs. State of Rajasthan, AIR 1967 (SC) 1910, Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; RN Nagarajan vs. State of Mysore, AIR 1966 (SC) 1942..

Category: Constitutional Law | Date: | Hits: 185