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Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....g was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his father defaulted the payment of the loan. Ultimately the Cinema hall with the land buildings and machinery were sold in auction with the approval of the Bangladesh Shilpa Bank but the auction sale was set aside o...... respondent No.2 who is in legate with respondent No.3 to manage the Cinema Hall itself which the licensing authority is not permitted by the Act and the Rules. The licensing authority even on the so-called solemn cause November, 1998 (impugned in the writ petition). The learned Counsels for the res......les except the matters therein is legally authorized to take into consideration matters which are beyond that Act and the Rules as well as its domain or jurisdiction, as in the instant case matter of loss of revenue to government has been taken into consideration by the licensing authority, in con..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....kabala dated 06-01-1987 in favour of the decree holder appellant. Thereafter, the appellant applied in the Execution Case for getting possession of the suit property after evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent Nos.1......984 in which the respondent Nos.1 and 2 were not panics. Under the facts and circumstances and in view of materials on record, we are of the view the respondents have no locus-standi to file the so called applications for staying the execution proceeding. If the respondents prove their case in t......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....an J .- The petitioner seeks leave to appeal against the judgment and order dated 27.1.2000 passed by a Division Bench of the High Court Division in Writ Petition No.1370 of 1999 making the rule absolute. 2. The fact leading to the leave petition are that the respondent No.1 company opene......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......ommittee of the Bank refused to allow the 75% waiver. On 11.4.1994 the respondent company prayed to Sonali Bank for extension of time for repayment as it defaulted in paying installments because of loss cause Cyclone in 1991. Accordingly, Sonali Bank on 2.10.1994 allowed new repayment schedule of..Category: Banking Law | Date: | Hits: 100
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....nce to Article 25(1) of the Constitution that the State is obliged to respect the Paris Convention and on the basis of the said Convention should uphold the right freely to determine and built up its social and economic upliftment by way of system and means of its own choice and accordingly submitte......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......e trade mark is allowed to stand. 22. Similarly in the case Ellis & Co. T.M. reported in 21 RFC 617 it has been held that "every person also will in a reasonable probability suffer any injury or loss (using those words in a legal and not in a sentiment sense) from the other persons claiming to ..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....ng, inter alia, that they auction purchased the case land in Certificate Case No.1767 of 1960-1961 and the ever since they are in possession. Some portion of the case land is agricultural laud and some portion is salt bed. The second party men who are dangerous and desperate in nature col&s......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......ed. The second party men who are dangerous and desperate in nature collected unauthorized arms and hired goondas to oust the first party from possession. Thus apprehending breach of peace and loss of lives the first party filed N. G. R. Case No. 132 of 1978. 3. The Sub-Divisional Off..Category: Criminal Law | Date: | Hits: 34
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....officio Special Judge, Bakergonj. The learned Special Judge convicted him under section 409 of the Penal code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Tk. 60,000/- by his judgment and order dated 28 July 1979.......re good and sufficient for imposing any of these penalties, that authority can pass such an order. If, however, the competent authority considers that a lesser penalty or no penalty at all is called for in the circumstances of the case, there is no bar to that authority taking a decision ac...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ollowing leave, by the plaintiff-appellant, is from the judgment and order passed on August 10,1994 by a Single Bench of the High Court Division in Civil Revision No.1710 of 1992, making the Rule absolute and setting aside thereby the judgment and order passed on May 18,1992 by the learned Additi......rder of transfer of the suit having not been communicated to the plaintiff, they had no knowledge of such transfer as a result the plaintiff failed to take proper step in the suit when it was called on for hearing resulting its dismissal for default. 4. The respondents contested the ......90 from the Court of Assistant Judge, 2nd Court, Dhaka to the Court of Additional Assistant Judge, 3rd Court, Dhaka was not communicated to the plaintiff and thereby plaintiff suffered irreparable loss for its dismissal for default. 5. Against the said order of restoration of the suit the..Category: Procedural Law | Date: | Hits: 87
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....scipline and Appeal) Rules, 1984 briefly the Rules, at a time when the said Rules stood amended by the Government Servants (Discipline and Appeal) Rules, 1985. The Administrative Appellate Tribunal also upheld the order of the Administrative Tribunal on the same ground. 4. Leave was granted to co...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......car at Chittagong. It appears that on different dates he took petrol, octane, mobile distilled water etc. by different receipts without official permission and thereby the government incurred a loss of Tk. 2,900/- on those allegations departmental proceeding No.1/87 was started against the res..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....its affairs under Article 102 of the Constitution. 4. The learned Judges of the High Court Division by the impugned judgment and order held that since the Managing Committee of the appellant-society was an Ad hoc Committee, appointed by the Registrar of the Co-Operative Society in ex......ourt Division, in Writ Petition No. 683 of 1989). Judgment Mohammad Abdur Rouf J.– The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Divis......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
.... Shaha Chowdhury a beneficiary preferred Miscellaneous Appeal No.129 of 1981 before the learned District Judge, Rajshahi under section 43 of the aforesaid Ordinance. Abdus Satter Shaha Chowdhury also preferred Miscellaneous Appeal No. 153 of 1981 before the said court. After creation of dis......ted that section 43 of the Ordinance has not given any power to the District Judge to set aside whether appellant was benefited by sufficient cause in appearing before him when the appeal was called on for hearing. It is also contended that from the evidence on record it appeared that the a......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....tional Sessions Judge, Narsingdi in Sessions Case No. 9 of 1997 convicting the petitioner and five others under Section 302/34 of the Penal Code sentencing them there under to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment......rtant neutral, independent and disinterested witnesses mentioned in the charge sheet without assigning any cogent reasons. That P.W.s 1, 2, 3, 5, 7 and 8 are eye witnesses of the occurrence. The so-called eye witnesses are interrelated, partisan and interested witnesses and as such, their eviden......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... for money and the plaintiff gave her cheque of Tk. 5,000/- on Sonali Bank, Rajendrapur Cantonment Branch, on 26.01.1993 and thereafter, the defendant No.1 coming out of jail on bail requested for some money to the plaintiff on 13.11.1993 and the plaintiff issued a cheque for Tk. 11,000/- on the...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......p papers recovered by the police in connection with Joydebpur Police Station Case No.17(11) 93 and the fact of lodging of G.D. No. 1033 dated 25.10.1993 with Joydebpur Police Station in respect of loss of his original title deed No. 1762 dated 18.02.1992 relating to the suit property and the Hig..Category: Property Law | Date: | Hits: 34
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....min CJ.- The instant appeal, by leave, is directed against the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute. 2. Short facts are that the writ-petitioner-respondents was the owner of the house known ...... years back and the house being in dilapidated condition, it being absolutely unsafe and risky for use of office accommodation, the renovation of the building was urgently felt and as such tender was called for. 5. Leave was granted to consider the submissions that the property in question havin......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....laint Case No.11 of 1990 in the Labour Court, Khulna under Section 25 (b) thereof stating, inter alia, that till 1985 he had a fair service record. In 1986 his mother died and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious dis......ally incapable of doing service and that he had been illegally discharged from service without giving him any opportunity of showing cause before taking the impugned action. 6. The appellant called in question the said judgment of the Labour Court in the aforesaid writ petition under Artic......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....question was held and the order of dismissal was passed by the competent authorities and the Assistant General Manger (Administration) only communicate the different stages of the proceeding and also the order of the dismissal at the instance of the competent authorities. He added that the quest......mely:- (a) The competent authority shall:- (i) frame a charge and specify therein the penalty proposed to be imposed, communicate it to the employee (hereinafter called the accused) together with a statement of the allegations on which it is based and of any ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ances. 2. This appeal is directed against the judgment and order dated 5.8.1999 passed by a Division Bench of the High Court Division in Writ Petition No. 112 of 1999 making the rule absolute and declaring the dismissal order of the writ respondent No. 1 dated 7.11.1990 (Annexure-G) ......st him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Rules, 1985 (hereinafter called "The Rules") which was not applicable to the petitioner. 6. Inspite of the......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....e learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great ......rdinance, 1956 (E.B Ord. No. III of 1956), or of any other law making any amendment in the said act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocu......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... - Respondents Nos. 16 & 17. Civil Appeal No. 100 of 1999. From the Judgment and Order dated February 5, 1997 passed by the High Court Division in Civil Revision No. 59 of 1986 Jessore/Civil Revision No. 6061 of 1991 (Dhaka). Judgment Md. Rhuhul Amin J.- This is an ......w that the soleh decree passed by a Court should not be lightly brushed aside and that the soleh decree was not challenged by defendant No. 3 or by his son P.W. 3. But as it appears the trial Court called for the record of the Title Suit No. 616 of 196 and did not find the solehnama in the record......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....t given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant ......Shah Alam, Nurul Huda, Abul Bashar ultimately apprehended the accused near Village Gopal Ghata with the help of the local villagers. The villagers hit the accused with the long bamboo, sharp weapon called 'puisa' and forced him to drop the weapon and thereafter apprehended him. They tied him with ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....nt December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination before the Trial Court is whether there ha......question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no necessity for seeking the protection of s...... the possibility of corruption and dishonesty. Therefore, according to the Counsel, since respondent No.1 submitted the rates below Government rates, it was "likely to do the business at clear loss for reasons best known to it". The conclusion reached by the Subordinate Judge seems to h..Category: Others | Date: | Hits: 84
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