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Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....delivery proceedings and accordingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaintiff paid necessary fees and also made payment of river tax to Chittagong Port and that the defendant No.6 declared about storing ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......the plaintiff with permission of the defendant No. 5 executed provision bond dated 10.07.2003 in favour of the defendant No. 5 taking C-form from the defendant No.6 and that the plaintiff suffered loss of 7,00,660 U.S. dollar due to lack of raw materials caused by the delay of the defendant No.1..Category: Business or Commercial Law | Date: | Hits: 121
State Vs. Sentu and others, 2004, 33 CLC (AD)
....der convicting the accused respondents under Sections 302/34 of the Penal Code and sentenced them to imprisonment for life and to pay fine of TK. 5,000/-each in default to suffer rigorous imprisonment for one year more. The other accused were acquitted. The respondent Nos.1 to 11 prefer......a view to kill him but the Imam of the mosque informed them that he (the informant of the case) was not there and the they left and getting the information the aforesaid Md. Habibur Rahman (P.W.1) called the villagers through mike of the mosque to resist the miscreants belonging to Sarbahar......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ther writ respondents seek leave to appeal against the judgment and order dated 29.08.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 8254 of 2002 making the rule absolute. In connected writ petition No. 4344 of 2003 the same Bench by order dated 29.08.2004 made t......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......w being involved are disposed of by this single order. 2. The facts, in short, are that the respondents as petitioners filed the aforesaid writ petitions stating, inter alia, that to protect loss of crops due to insect pests the Extension Department of the Ministry of Agriculture started a..Category: Others | Date: | Hits: 87
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of......pondent No. 1 in Civil Petition No.223 of 2005 and respondent No. 2 in Civil Petition No. 490 of 2005 submits, inter alia, that the writ petitioner Md. Zahangir Alam was bidder in all 14 items called in the 5th bid and the bids were accepted but illegally 6th call was made without any r......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....cords were sent down. After receiving the records by the trial Court fresh summons was issued to the defendants and after receiving the service return date was fixed for taking steps and the order so passed by the Court was shown to the defendant's (herein respondent No.1) Advocate on May 26, 19......tatement. While the suit was awaiting for disposal before the trial Court, as seen from the materials on record in connection with the civil revision the record of the Title Suit No. 77 of 1965 was called for by the High Court Division and after disposal of the civil revision the records were sen......l of Miscellaneous Case No. 36 of 1979 under Order IX, rule 13 of the Code of Civil Procedure vide impugned judgment the appellant (defendant No.2) A. Malek will be seriously prejudiced sustaining loss and will be deprived finally of the chance to contest for disposal of the suit on merit"...Category: Civil Law | Date: | Hits: 112
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... by appointment letter dated 16-3-1978. The petitioner joined on 24-3-1978 while respondent No.4 joined on 21-3-1978. The respondent No. 4 on successful completion of his period of probation was absorbed permanently in service on 21-3-1979. On the other hand, the petitioner's probationary period......004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 5587 of 2000 and 94 of 2003 discharging the Rules. 2. In Writ Petition Nos. 5587 of 2000, the writ petitioner called in question two orders namely order dated 29-6-1999 (Annexure-D to the writ petition) passed......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... inter alia, that he is a shareholder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23-3-2002; as per provision of law and its Articles of Association the company convened its 20th Annual General Meeting on 28-4-2003 by a notice dated 7-4-2...... section 15 (Ka Ka) provided that no person shall be a Director of a banking company for more than six consecutive years in two terms, except the chief executive officer by whatever name he may be called and sub-section (2) thereof provides that notwithstanding the provisions of sub-section (1),......y found it difficult to hold the 20th Annual General Meeting as the aforesaid Bangladesh Bank Circulars were in force and because of that the shareholders of the company, in general, are suffering loss, inasmuch as the dividend could not be declared; after the High Court Division declared that t..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ourt of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisdictional question is rather redundant. In the result, I also dismiss all the petitions and I fully concur with the judgment delivered by Mr. Amirul Kabir Chow......eans any Act, Ordinance, etc. having the force of law in Bangladesh. The urge of the petitioners for trying their cases in accordance with Islamic law is nothing but an imaginary dream as the said so-called law is not recognised now by our Constitution or in any other law except the Sharia law codif......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....truction works were about to be closed down for the inability of the port authority to supply the construction materials from their store but then pursuant to the request of the port authority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the b......ard, he did put his signature in the schedules and specifications; if the contractor submits tender without varying any of the terms as contained in the Tender Notice and schedule then such tender is called "Formal Tender 'anusthanik chukti’ and if the contractor includes some other terms varying ......the above works the respondent No.1 had been paid running bills but in spite of that he failed to complete the construction works within the time as stipulated and thereby the port authority incurred loss and therefore, the contracts were cancelled. 4. The trial Court upon consideration of the ev..Category: Civil Law | Date: | Hits: 109
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....nce on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public servant in a departmental proceeding which is also governed by law. Before that, it is to be determined whether a fresh departmental proceeding is a......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......eeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of loss on account of Railway transit shortage amounting to Tk. 47.9 lacs. A charge-sheet was submitt..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....ing to the term "manufacture" and directing the respondent to pay the excise duty on footwears not mechanically produced and purchased by the respondent for its trading purpose only because they were sold under the respondent's insignia, printing and packing when the respondent asserted that the fix......two notifications. 14. If the respondent company allows the footwears manufactured by others to carry its trade mark or trade name then it is doing so at its own peril and such act can hardly be called a violation of law of trade mark or termed as a fraud upon the statute. If, however, the resp......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abed Ali Vs. State, 1990, 19 CLC (AD)
....sion (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abed Ali……………………………………………………………...Condemned prisoner-Appellant. Vs. The State……………………………………………………….......t of the house of Maziruddin the accused persons appeared before them. Appellant Abed Ali and accused Amin uddin (since acquitted) were armed with dagger. Abed Ali enquired as to why the salish was called suspecting them as thieves. Saying further that he could not allow them to remain alive in th...... desire for revenge are inconsistent with provocation since conscious formation of desire for revenge means a person has had time to think, to reflect and that would negative a sudden temporary loss of self-control which is the essence of provocation." 14. The learned judges endorsed the re..Category: Criminal Law | Date: | Hits: 65
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....lfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding the appeal on merit due to some omissions in the judgement, cannot be a valid ground for sending the case on demand for writing......e been heard or where the accused has been prejudiced by the conduct of the case and on similar other grounds. In the instant case it has not been found that because of any such reason a retrial is called for. It has only been vaguely mentioned that relevant documents had not been examined car......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....al No. 175 of 1970 allowing the same upon setting aside the judgment and decree dated June 23, 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforem......ivision in arriving at the aforesaid finding i.e. the Ext.1 is a complete sale deed and thereby created right in respect of the land so transferred in favour of Tofazzal Hossain, no interference is called for with the judgment of the High Court Division. The learned Counsel in continuation of th......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....ing on a totally extraneous matter unrelated to the contending issues between the parties. After hearing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing misc......pment Officer, Savar Upazila Central Co-operative Association upon averments, inter alia, that he was appointed as Thana Project Officer under the Bangladesh Palli Unnayan Sangstha (BPUS) otherwise called Integrated Rural Development Board (IRDB) now Bangladesh Rural Development Board (BRDB) in ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....d 18 and 20 August 2003 passed by the Company Judge of the High Court Division in Company Matter No. 71 of 2001. 2. The petitioner in Civil Petition No. 20 of 2004 have impugned the said judgment so far it relates to not give any relief to the petitioners in respect of Tk. 2,00,22,000/- admitt...... any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was not a legal document, having legal value. In any case the said so-called letter of authority never authorized any body to make financial transaction with anybody. T......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Court shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made fo.......2.2003 but the same was rejected by the learned Additional Sessions Judge on 2.4.2003. 5. Section 265 (1)(1) provides that where the accused is not acquitted under section 265H, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. Se...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....sed by the High Court Division in Criminal Appeal No. 1605 of 1997 altering the conviction of the accused petitioner under section 412 of the Penal Code and reducing the sentence of-imprisonment for a period of 5 years and to pay a fine of TK. 5,000/-, in default, to suffer rigorous im...... Uddin, arrested 3 accused persons (including the petitioner), produced them under arrest before Rajbari Police Station with the help of the police and lodged First Information Report (hereinafter called the FIR) at 11.35 hours on 2.2.1993, stating, inter alia, that having done the buying and se......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....sp; Amirul Kabir Chowdhury J.- This appeal by leave is directed against the judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999 making the rule absolute in part. 2. The facts, in brief, leading to the appeal are that the respondent, Bangl......3 dated 25.07.1999 of Katowali Police Station, District Narayangonj 40 women including children were produced before the learned Special Magistrate on 28.07.1999 and the learned Special Magistrate called for a police report regarding them and on 05.08.1999 the report being received about 30 of t......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....how cause notice along with the report of the Inquiry officer, that while he was served with the 2nd show cause notice the authority wanted to know from him whether he would like to be heard in person or not and finally the authority dismissed him from the service of the College by&nb......he background of the said non-proper inquiry the same is illegal and the action of the authority is nothing but misuse of power, that the order of dismissal passed in respect of the plaintiff is uncalled for and that action of the authority demonstrates highhandedness in respect of a ‘dhar...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
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