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M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....s a private limited company incorporated under the Companies Act, 1913 and is a recognized company and it had got commendable certificate from the Government as a foreign exchange earner and also got President's Medal and it is stated that the suit land originally belonged to a company whic......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......h his lawyer, Barrister Syed Ishtiaq Ahmed, had informed the defendant No.1 that the plaintiff had been compelled to encase the said cheque under protest and for the purpose of mitigation the loss and damages arising out of illegal cancellation and as such, the plaintiff had been compelled ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal No. 2164 of 2001 dismissing the leave petition as time barred filed against the judgment and order dated 16.8.2000 in Civil Revision No. 1050 of 1998 making the Rule absolute setting aside the judgment and order dated 17.2.1998 passed by the learned Subordinate Judge ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......k adequate and reasonable steps for the movement of the case file for due presentation of the same. Due to disposal of the case on the ground of limitation the petitioners stand to suffer irreparable loss and injury. The petitioners case stands on good and valid grounds and for the ends of justice t..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....spondent No.1 in Civil Appeal No. 36 of 2008 and the petitioner in Criminal Petition for Leave to Appeal No.146 of 2008 are common and the matter in issue in the Appeal and the Criminal Petition is also common i.e. granting of the bail in the writ petition and rejection of the prayer for bail in a p......ule obtained therein for non-prosecution and the High Court Division upon allowing the application has discharged the Rule obtained in the aforementioned writ petition for non-prosecution and that re-called and vacated the ad-interim order passed by the High Court Division in the writ petition. 1......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
.... Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, National Security Intelligence (N.S.I.) Department should be treated as an officer absorbed in the said department as a surplus officer on 2.1.1986 under the Surplus Public Servan......eated as an officer absorbed in the said department as a surplus officer on 2.1.1986 under the Surplus Public Servants Absorption Ordinance 1985 (Ordinance No. XXIV of 1985), hereinafter called the Ordinance. The Administrative Tribunals below answered the question in the affirmative b......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
.... Nos. 307 and 331 of Mouza Bara Maghbazar, PS. keraniganj (now Ramna), Dhaka from their late father Dr. Habibur Rahim. The appellants purchased .74 acres of land from out of 1.20 acres. Anwar Rahim sold some portion of the said land to others and .46 acres still remain the ejmali proper......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......erest but possessor interest of respondent No.4 is also involved. If in the meanwhile the appellants are avowed to construct the multi storied building respondent No. 4 will suffer irreparable loss and injury in the case of her success in the pending suit. RAJUK having come to know of this ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....f 1996 impugning the order dated 18-7-1996 rejecting the appellant's aforesaid application for rejection of plaint. The High Court Division after hearing the parties was pleased to make the Rule absolute by its judgment dated 5-2-1997. The present respondent No. 2-SABINCO then moved Civil Appeal......f the powers under Section 77 of the Banking Companies Act, 1991 providing for the Bank of Credit and Commerce International (Overseas) Limited (Reconstruction) Scheme, 1992 (hereinafter called the "Scheme"). In terms of clause 6(1) of the scheme the business, properties, cas......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....ving as Bench Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allegations that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also failed to obtain the signature of the Presiding Office...... sent to the respondent along with charge so as to unable the respondent to explain the allegations further the short handbook of the stenographer which was very vital for the enquiry was also not called for by the Enquiry Officer inspite of requests made by the respondent in this behalf. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....of M/S. H. Dey Jewellers, a Jewellery shop situated in Khulna died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5 (five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only sur......e Bank for safe custody, she had the option to go and collect it at anytime she liked. The Bank was merely a custodian of the same. In ordinary parlance debt means a sum certain due from one person called the debtor to another called the 'creditor. In Stroud's Judicial Dictionary a 'debt' i......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
.... was opposed by the present petitioner. The Rule was opposed by the writ Respondent Nos. 1 and 4. 5. The High Court Division made the Rule obtained in writ petition No. 2483 of 2000 absolute by the judgment and order dated November 27, 2000 making direction to the Respondent No. 2 (......at state of the matter the Respondent No. 1 filed Writ Petition impugning action of the PDB and its officials in the matter of issuing letter of intent for executing of the work, for which bid was called and writ petitioner was responsive, in favour of the present petitioner (Respondent No. 4 in......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....ial leave at the instance of Government defendants is directed against the judgment and order dated 11-6-2000 in Civil Revision No. 1365 of 1997 passed by the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the......rt under its revisional jurisdiction. 12. We have hared the submissions of the learned Counsels of the both parties with regard to the effect that notice under L.A Case No. 71 of 1959-60. We called for the entire records of the aforesaid L.A. Cases for our perusal, and on scrutiny thereof......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....n Petition contending, inter alia, that the appellant (Election Petitioner) did not deposit the security cost of the Election Petition in accordance with the Rules of the High Court Division and also failed to comply with the provision of Article 49(4) of the Representation of the People's Order......2488;িদ্দিকী) রেজিস্ট্রার। Article 49. (1) No election shall be called in question except by an election petition presented by a candidate for that election in ac......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
.... This appeal, by leave, by the pre-emptee against the judgment and order of August 26, 1997 passed by a single Bench of the High Court Division in Civil Revision No. 2801 of 1994 making the Rule absolute. The Rule was obtained against the judgment and order of July 17, 1994 of the court of the D...... did not part with his possession but simply made a show of transfer for any purpose, such as, put away his creditors, as in the case reported in 51 CWN, 644, then such a transaction whether it is called "Benami" or colorable, may be gone into." 17. In the instant case pre-e......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
........Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both the appeals) ......ich they were placed under suspension and ultimately dismissed from service as per provision of Rule 139 (1)(b) of the Service Rules, 1982. The High Court Division found that explanations were called for which were when found not satisfactory inquiry officers were appointed where the appell...... his reply stating that the distance of Islampur to Jamalpur is about 40 kilometer and due to technical fault 14 distribution transformers had to be repaired on many occasions, which caused system loss and since 95 posts of the electric lines are open and fixed on bamboo posts it caused further ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....served upon him on 15.10.1984 to which he submitted a written statement in his defiance on 27.10.1984 denying al) the charges brought against him. In that proceeding 4.11.1984 was fixed for personal hearing before the inquiry officer where he appeared but was not heard. Then the inquiry off......r any of the offences mentioned in Section 4, the authority concern shall frame a charge and specify therein penalty proposed to be imposed and communicate it to the police officer hereinafter called "Accused" requiring him to show cause within specified time which shall not be le......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a ......fferent ink and hand. He further argued that the respondent Nos. 1 and 2 are bonafide purchasers for value without knowledge of the alleged bainapatra in favour of the plaintiff. 9. We have called for the original bainapatra from the District Judge, Narsingdi and perused the same for......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....nce, 1979 which is to the effect: "When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing authority or and person authorized by him in this behalf general or special order shall frame a charge, and by no......hority or and person authorized by him in this behalf general or special order shall frame a charge, and by notice accompanied by the charge, require the Government servant, hereinafter called the accused to show cause within a period which shall not be less than two days nor more th......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..Category: Employment/Service Law | Date: | Hits: 62
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
....visional Special Judge, Rajshahi Division, Rajshahi, in Special Case No.8 of 1992 convicting the appellant under section 409/109 of the Penal Code and sentencing him to suffer 4 years rigorous imprisonment and to pay fine of Tk.1639.20 in default to suffer 5 month rigorous imprisonment. ......ssed the incident from a distance of 2 ‘রশি' P.W. 5. Nawser Ali has stated that in the mid night of December 2, 1998 while he was sleeping Union Parishad member, Khair Uddin called him and told him that wheat's stored in Dahia Government Primary School were being removed a...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..Category: Criminal Law | Date: | Hits: 49
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ad Ali and Upon his death the same devolved upon his heirs whose names appeared in the S. A records; the heirs of Yad Ali at different time transferred different quantum of land to various persons and delivered possession there of to them; Safar Ali purchased the suit land from the hei......Rev-A.P.6/77 dated 19.1.91 evicted the plaintiffs and possession was taken over on 26.1.91 and since then the suit land had been under the management of the government as abandoned property the so-called title deed showing sale of land by Nasima and Farhana are forged and fraudulent and have bee......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..Category: Property Law | Date: | Hits: 29
Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)
.... against the judgment and order dated October 31, 2000 in writ petition Nos.1981 and 5690 of 1997. The High Court Division by the aforesaid judgment has made the Rule obtained in the writ petitions absolute and has thereupon directed the Customs Authority to determine the normal value of the importe......ending that there was no basis for fixing the value of the imported goods as termed by the customs Authority "load value". 3. The Rule was contested by the Respondents contending that the value, called 'load value' fixed by the customs was the result of determination of normal value through ela......the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....bsp; Abu Sayeed Ahammed J.- This appeal is against the judgment and order dated 01,08.97 passed by a learned Single Judge of the High Court Division in Civil Revision 1866 of 1997 making the Rule absolute and setting aside the judgment and order dated 27.03.97 passed by the additional district J......n 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally the wakf administrator to make necessary amendment/change or variation of the "scheme" which also can be called "bye-laws" for better management/administrator of any wakf estate if he consi......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..Category: Trust/Waqf Law | Date: | Hits: 200
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