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Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ...... different banking facilities to the customers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume o..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
....finding of the High Court Division this Division held as under:
“In view of the facts and position of law mentioned by us we are of the view that the High Court Division committed error of law in holding that the writ respondent NO.7 (appellant) is a bank defaulter. We are rather of the view tha......aving not been denied or otherwise disapproved of by appellant, means that according to Bangladesh Bank circular the loan remained unpaid for at least 12 months or more after it became "past due/overdue". With regard to the legal authority of the Corporate Branch of the Sonali Bank to iden..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....grade and as such, the petitioner was compelled to file the ease before the Administrative Tribunal. 3. The Administrative Tribunal No.3, Dhaka, by its decision dated 24.01.2008 allowed the case holding that the petitioner was entitled to selection grade and accordingly, he is entitled to ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others........Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
.... ascertainment of their respective shares on the final disposal of the partition suit. The receiver be also directed to maintain possession of the part of the property where the parties are holding for their respective dwelling purposes but the remaining properties which are being hel......d before this Court was obtained by duress upon exerting undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property left behind by their admitted father, according to Muslim Family Law of Inheritanc..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....arities, it should be interpreted by applying the principle of 'noscitur a sociis' or on the analogy of 'ejusdem generis' principle. 12. The Supreme Court accepted the claim holding that there is no reason why rationally logical restriction should not be placed in the provi......os. 1 (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over possession of the suit land and thus, the defendant violated the terms of the lease deed, and t..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....k several adjournments and lastly submitted written objection on 28-3-2000. The learned Joint District Judge, 5th Court, Dhaka upon hearing the parties rejected the written objection on 7-5-2000 holding that the same is barred by Article 158 of the Limitation Act and also for failing to deposit......son for setting aside the award before making the award Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Government of Bangladesh Vs. Samir and Co., 28 DLR (AD) 21; M/s Awan Industries Ltd. Vs. Executive En..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... suit by filing written statement. The learned Subordinate Judge, on consideration of evidence adduced by both the parties, decreed the suit on contest by the judgment and decree dated 29-5-1981 holding that Jitendra Nath Saha was a citizen of Bangladesh and declaring his title in all the sched......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.......Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....g any material whatsoever from the evidence on record or from the judgments of the Courts below that the petitioner was below 16 years at the time of framing charge against him vis-a vis, at the time holding trial." 13. On perusal of the above reported Case it appears to us that our Appell......prehended with a pistol and 6 cartridges from the crossing point of Road No.14, and Shere Bangla Road of Dhanmondi area by the police personnel who were on petrol duty in that area; with regard to recovery of such pistol and cartridges Dhanmondi Police Station Case No. 21(2) 93 under section 19A and..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....illegal since there was a violation of Natural Justice and the Appellate Division upheld the decision. But section 3 (2) (iii) Foreign Exchange Regulatory Act does not contemplate such requirement of holding any inquiry on giving any prior notice for taking any decision. 22. In the case in hand......to the petitioner before revoking the license, As a result the license was not renewed by the respondents and the respondents were not obliged to give any show cause notice before taking any decision over the matter. He further submits that the petitioner right after the cancellation of his license ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....unir Hossain, both sons of Late Hazi Abdul Awal as First Party, on the other part Reya Builders and Engineers Ltd. a Developer Company as Second Party, for construction of a multi-storied building in holding No. 8/2 Paribagh, Shahbagh, Dhaka. 3. As per terms of the aforesaid contract the constr......n the Agreement, as well as in the Arbitral Proceedings as the Project in question is a compact project. Therefore, in absence of another party of the contract, it is not possible to resolve the controversy amongst the parties. He further pointed out that all the parties are in possession in their r..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....avit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 ...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ppeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1996 of the plaintiff, which was the subject matter ......Vendor, the Purchaser was in possession of the property since 1985 and the deed of agreement for sale was executed on 20.12.1986. According to the Purchaser, the possession of the property was handed over after the execution of the said deed of agreement. The Purchaser was unable to obtain the Incom..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....uit land. 8. The trial court, on consideration of evidence adduced by the contesting parties and other facts and circumstances, dismissed the suit by the judgment and order dated 17.04.2004 holding mainly that, the plaintiffs could not prove the case that the impugned kabala deed was ......nd other land of the suit plot were being used by general public never used this land and pond of the suit plot. That 1.00 acre land out 2.40 acres land of this suit plot No.1029 was acquired by the Government. That Mosarraf Hossain Chowdhury died leaving only son Syed Mozahar Hossain Chowdhury who ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....estigation was held by an Advocate Commissioner to find out whether there was any public road in between the land transferred and the land of the pre-emptors and that the Advocate Commissioner, after holding local investigation properly, submitted report stating clearly that there was a public road ....... Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in between the land transferred and the land of the pre-emptors. If there w..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....ning of a fresh period of 270 days for conclusion of trial under the unmanned section 339C in a situation where one Sessions Judge held part of a trial and another Sessions Judge took up the case for holding the remaining part of the trial. 36. Evidently the issue before the Appellate Division ...... investigation within the said period of six months, specific order of the chief Metropolitan Magistrate or District Magistrate, as the case may be, shall have to be obtained. Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....d to get the benefit of F.R.22(a)(i) and as such the impugned order was rightly issued. 5. The High Court Division, on hearing both the sides, made the Rule issued in that writ petition absolute holding mainly that the petitioner still remains a government officer while serving under BRDB ...... impugned order was rightly issued. 5. The High Court Division, on hearing both the sides, made the Rule issued in that writ petition absolute holding mainly that the petitioner still remains a government officer while serving under BRDB and that his service benefits which he was entitled ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....y, the petitioner violated the pre-conditions and as such, the authority rightly cancelled the appointment letter. 6. The High Court Division, upon hearing both the sides, made the Rule absolute holding that the impugned letter of cancellation of the appointment letter as communicated by letter......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter................Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....y the Government in that respect. Rather respondent No.4 in his affidavit-in-opposition has categorically stated that the Ministry of Establishment by its Memo dated 7-5-1996 turned down the proposal holding that "It is not possible to upgrade the post beyond the report of the Administrative structu......e the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the Respondents to show cause as to why the Respondent Nos. 1 and 2 shall not be directed to implement the Government decision to declare the Petitioners as Second Class gazetted Government Officers as per ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....roceed against the accused under section 17(e) (ii) (iv) of the Securities and Exchange Ordinance, 1969 and accordingly framed charges instead of discharging the accused. But at the trial before holding the petitioner guilty and convicted the accused could prove that the offence was commit...... amounts to an abuse of the process of the Court. The allegations made in the petition of complaint are sufficient grounds to proceed with the trial against the accused-petitioners. 31. Moreover, the Appellate Division in the case of Shinepukur Holding Ltd Vs. Securities and exchange Commi..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....e defendant to prove his case rather plaintiff is to prove his case and he cannot succeed on the weakness of the defendant. In this connection we have reasons to differ with the Joint District Judge, holding that the plaintiffs have failed to prove their case on any Court. As we have already mention......somoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the plaintiffs. 3. The plaintiffs brought the suit stating inter alia that some 1.13 acres of land covered by two SS plots namely, 2088 and 2007 appertaining to Khatian No.1220 of Mouza Kumargaon..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
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