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Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....Judge of the Single Bench. We further observe that before entering in to the merit of a writ petition the judges owe a duty to see whether the writ petition is maintainable in law, and in the case in hand since the writ petition was not maintainable the learned Judges ought not to have entered into ......0 decimals of land. As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,23......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....tions 5 and 6 of the Act, 1881, Bill of Exchange drawn on Bank is a cheque and is a “debt on enactment”, within the meaning of section 31 thereof; the defendant Bank having sufficient fund in its hands must pay the Bill of Exchange (cheque) and in default, must compensate the drawer for loss or ...... challenging the order (though it was a decree) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Ministry of Law as respondent Nos.1 and 2 wit......d no manner of application in the present case. During the pendency of the said Money Suit the defendant Bank was merged with Standard Chartered Bank with effect from 01.08.2005. Due to the change of management, the defendant Bank could not trace out any notice/summons issued by the Court concerned...Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....dded as party, meanwhile on the basis of the GD Entry as mentioned above, the signature available in the certificate allegedly issued by the Human Resources Manager of the petitioner bank was sent to hand writing expert who having investigated the same, in his turn, opined that the signatu......ondent No.4 issued its Memo dated 24-11-2010 annexing a certificate produced by the respondent No.4 Purported to have been issued by Human Resources Manager of the petitioner bank asking for a report over the genuineness or otherwise of the said certificate from the petitioner bank whereupon an inqu......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....o.266-Ain/2007 dated 27.11.2007 (Annexure-A), framed by respondent No.1 in exercise of power as provided under section 52(1) of the Chittagong Port Authority Ordinance,1976, substituting berth/ship-handling operation in place of stevedoring/shore-handling operation at Chittagong port, should not ......the respondent No.1. Section 5(2) of the Ordinance states further that the Board in discharging its functions shall be guided on question of policy by such directions as may be given to it by the government. Section 8 of the Ordinance stipulates, inter alia, that the government may, in consultati......roviding port facilities. During the British colonial rule, operations of CP came under the control of Port Commissioner under the Port Commissioner’s Act, 1887. In 1960, re-organization of the management of the CP resulted in formation of the Chittagong Port Trust. In 1976, the Chittagong P..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....id was approaching towards their house, having heard the hue and cry, and the dacoits, having found him on his way to the place of occurrence, had indiscriminately dealt Ram Dao blows on his head and hands as well as dealt iron rod blow on his back. At that time the informant, his other relatives an......sclosed the name of these two accused-petitioners along with other dacoits. It also appears from the police forwarding dated 11-11-2011 that nearby one vori (unit of measurement) of gold was recovered from a shop named SR Jewelers situated at Baro Maszid, Road of Hemayetpur, under ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....e taken into account while deciding the question of whether the property is abandoned or not.
9. Mr. Mahmudul Islam, learned Senior Advocate appearing on behalf of respondent No.1, on the other hand, submits that the disputed property was not listed in the ‘kha’ list in compliance ......Reported in:
......he owner of the case house. The High Court Division made futile exercise in holding that the original allottee, Khawaja Mohammad Aref was a Bangladeshi and that the property was under his control and management through his tenant till 1973 and that subsequently, the possession of case property being..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....titioner that he will be recruited under the freedom fighters' quota as he came out successful in the examinations. 14. Dr. Md. Bashir Ullah, learned Assistant Attorney-General, on the other hand, submits that the petitioner cannot claim to be appointed as of right. 15. We have perused......egitimate expectation arises when an administrative body by reason of a representation or by past practice or conduct aroused an expectation which it would be within its powers to fulfill unless some overriding public interest comes in the way. Equity has always , True to Form, Stepped in to Mi......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....the election. 16. Mr. A. J. Mohammad Ali, learned Senior Advocate appearing on behalf of respondent No. in civil miscellaneous petition for leave to appeal Nos.623-624 of 2012, on the other hand, submits that according to Sub-rule (1) of Rule 11 of the Bangladesh Legal Practitioner and Bar......s who are the voters, procured a voter list on 10-4-2012 which was published on 9-4-2012 and came to know that their names have been recorded in the voter list twice. On verification, it was discovered that in most of the cases, the name of each member has been recorded in more than one place i......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....inuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within i...... - The petitioners as the plaintiffs filed Title Suit No.195 of 2002 in Sixth Court of Senior Assistant Judge, Dhaka for specific performance of contract, for executing a deed of sale and for recovery of khas possession against the defendants. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....the aforesaid provision it appears that the petitioner was entitled to file a revision to the Government against the order of the appellate authority within one month thereof. 12. In the case in hand the petitioner filed the application in the form of a revision on 29-12-2001 to respondent No.1...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....llip;......Respondents Judgment June 5, 2012. Result: The petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Rafique-ul Huq, Senior Advocate (with Anisul Haq......democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper-no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point." 32. Having considered that the provisions of the RP...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ondal @ Hashem, 59 DLR 72; State Vs. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, 16 MLR 254; State Vs. Secretary, Ministry of Home Affairs, 19 BLT 376; Protap Singh Vs. State of Jharkhand and another, 2005(3) SCC 551; Jitendra Singh @ Babloo Singh and another Vs. State of UP (2010) ......dra Singh @ Babloo Singh and another Vs. State of UP (2010) 13 SCC 523; Gopinath Vs. State of WB 1984 Supp SCC 228; Mona @ Zillur Rahman Vs. State 23 BLD (AD) 187 = 9 BLC (AD) 125; Fahima Nasrin Vs. Government of Bangladesh, 61 DLR 232; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Amit Das Vs. ......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....ful solution to the problems. But as the petitioner is required to purchase further equipments from the respondent No.1 it requested the respondent No.1 to apply the credit of U$S 14,500 lying in the hands of the respondent No.1 to enable to the petitioner to open the L/C for any amount in excess of......olve problems with the respondent No. 1’s equipment, whereupon the petitioner company sent to the respondent No. 1 three requirement lists for equipments for which the respondent No. 1 again issued over charged quotation for the said requirements of equipments. The petitioner has complained regard......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
.... of the plaintiffs, in short, is that there was a Niskor Lakhiraj in the name of Ram Raton Sur under Bhulua Zamindari within Tauzi No.5 of Noakhali Collectorate. The owner of the Niskor was Mohesh Chandra Narayan Chowdhury and subsequently Prasanna Narayan Chowdhury became owner of the Niskor by i......, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....hab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.............Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an order of a District Judge under this Part shall be final. 388. (1) The Government may, by notification in the official Gazette, invest any Court inferior in grade to a Dist......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....rcha Vs. UOI, AIR 1984 SC. 412; Hefzur Rahman (Md.) Vs.Shamsun Nahar Begum, 51 DLR (AD)172; Bangladesh Vs. Chairman, Court of Settlement, 51 DLR (AD) 87; Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90;Khandakar Delwar Hossain Vs. Bangladesh Italian Marble Works Ltd, 2010 BLD (Spl) 1 = 62 DLR (AD) 298.......resent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers.......... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....tating, inter alia, that it is false to say that the respondent is the absolute owner of the property in question on the basis of oral gift dated 14.03,2002 and possession of the said property was handed over to him. At no point of time, the father of added respondent No.6 was in possession of t......es of land in the name of Moqbul Ahmed. The writ-petitioners never claimed that these are corresponding plots and as such, they are not entitled to get any relief in the writ petition on such controversial and disputed facts. It is not correct that the Full Board "has suffered from confusion in ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....espect of the L/C may anytime be encashed by the respondent No.1, the petitioner filed a further application praying for restraining the respondent No.1 from encashing the L/C amount now lying in the hand of the advising bank the respondent Nos. 3 and 4. 3. The learned Advocate Mr. J.K. Paul furt......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....ion for the sold land or whether sold land is out side acquisition. The entire papers submitted by the Government stated that plaintiffs are in possession over the suit property. Court shall keep its hand off if the acquired land clear and definite but if acquisition and requisition process is runni...... Selim, who by saf kabala deed 375 dated 22-8-1984 transferred 0.1053 acres of land to one Feroza Haider. On the remaining land by constructing pucca construction, after paying rent regularly to the Government and holding No.1/e/3 Shahbagh road was opened by Dhaka City Corporation and he also took a......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....development work. 8. Thus the order of stay passed at the time of issuance of the rule on 09.04.2012 is hereby recalled and vacated. 9. The petitioners are directed to vacated the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. ......opment work. 8. Thus the order of stay passed at the time of issuance of the rule on 09.04.2012 is hereby recalled and vacated. 9. The petitioners are directed to vacated the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
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