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Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....e management and administration of the industrial concern and to sell its property have been set out in Art. 34(1) with the conjunction "and", we have no manner of doubt that they are independent and alternative powers to enforce repayment of the loan. The Article read as a whole leaves no room for ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......that the respondent had been removed from service on the basis of these frivolous and machinated charges and that the order passed against him under MLO 9 should be reviewed and rescinded and his prayer for reinstatement allowed. 3. Following this decision in the CMLA's Secretariat, the crimi..Category: Criminal Law | Date: | Hits: 53
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......before the High Court Division praying for adding him as opposite party No.2 in the above Miscellaneous Case No. 3128 of 2001 and the High Court Division, by order dated 1.7.2001, allowed the said prayer observating that the complainant petitioner will assist the State at the time of hearing of ..Category: Criminal Law | Date: | Hits: 39
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......ase, in brief, is that the informant P.W.1 Md. Gous Uddin lodged F.I.R. stating that deceased Md. Abu Salem Shablu who was a student of Class-VI of local Darul Ulum Kowmi Madrasha, used to say his prayers regularly in the local mosque of the village. The condemned prisoner Md. Islamuddin @ Din I..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......roperty and that also did not make objection when the other exchange case was regularized. As against the aforesaid order of the Additional Commissioner (Revenue) rejecting the plaintiffs prayer for regularization of his exchange as regard the land of the 'Ka' schedule property he filed..Category: Property Law | Date: | Hits: 38
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......nquiry officer and he was asked to cross-examine Mr. Jabbar and others in presence of all other officers. He was not allowed to adduce evidence in support of his case. The petitioner made prayer to the respondent for changing inquiry officer but his prayer was rejected. He made a second..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......w standing in the name of the petitioner(Respondent herein), the parties may take recourse to the Civil Court if so advised and on the basis of decision of ownership of the said 12,000 shares the prayer for allotment of shares in favour of the petitioner (Respondent herein) on the subsequent all..Category: Business or Commercial Law | Date: | Hits: 109
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....ant Judge, Mirpur, Kushtia in Miscellaneous Case No. 22 of 1987 dismissing the same. 2. The Miscellaneous Case was filed under Section 96 of the State Acquisition and Tenancy Act, 1950 or in alternative under section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption, as co-s......laged as exchange between the pre-emptee opposite party No.1 (in the Miscellaneous Case) and the opposite party Nos. 2 and 3 (in the Miscellaneous case). 3. The prayer for pre-emption was opposed asserting that the transfer is in fact exchange and that the con..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......estored by the High Court Division and that the High Court Division was in serious error in not noticing the fact that the plaintiffs are out of possession of the land in suit and as such without the prayer for consequential relief the suit seeking simple declaration of title was not maintainabl..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... is fraudulent, void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi ..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ...... order dated January 27, 1987 of the Court of Subordinate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to the extent of 1/3rd of the land sought to be pre-empted. 2. Pre-emption..Category: Property Law | Date: | Hits: 35
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
.... 8. It has been further contended that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke writ jurisdiction under Article 102 of the Constitution. 9. Mr......o.4 herein) of the Dispute Case did not pray for declaring him Chairman of Khetlal UCCA Ltd. rather he prayed for fresh election. The Joint Registrar illegally declared him Chairman though on such prayer was made in the Dispute Case. 4. The petitioner challenged the said order of Joint Re..Category: Constitutional Law | Date: | Hits: 162
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......uzzaman, the learned advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. By the proposed amendment the plaintiff added a prayer for declaration of title in the suit for partition and for payment of advalorem court fee ac..Category: Procedural Law | Date: | Hits: 154
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......ution Case till disposal of the aforesaid Miscellaneous Case No. 4 of 2000. Respondent Nos. 2-4 contested the application by filing written objection and the executing court rejected the prayer of the judgment debtor respondent No.1 Being aggrieved thereby respondent No. 1 moved the Hi..Category: Property Law | Date: | Hits: 33
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......and without jurisdiction and hence the same was not binding upon him. 7. The learned Advocate for the petitioner submits that the suit for mere declaration was not maintainable without having any prayer for consequential relief. In this connection the High Court Division referred to a decision r..Category: Employment/Service Law | Date: | Hits: 181
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......cquired any title by purchase from Safatunnessa. At one stage of the suit defendant No.1 filed an application on November 21, 1966 under section 4 of the Partition Act (Act No. 4 of 1893) with the prayer for allowing him to buy back 4 annas share in the suit property (plot) on the ground that th..Category: Property Law | Date: | Hits: 44
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
.... some extent on the basis of the above assurance but ultimately, the port authority did not make payment against the bills for the excess amount and in that situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ...... 53,44,55,437. It was stated in the plaint that the defendant No.1 i.e. the petitioner opened letter of credit (LC) for importing TSP fertiliser from Belgium worth Taka 19,78,62,294 which on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that ..Category: Business or Commercial Law | Date: | Hits: 135
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......in Ahmed CJ. - This appeal by special leave arose from an order of the High Court Division (Barisal Bench) dated 13 January 1986 in Criminal Appeal No. 139 of 1985 rejecting the accused-appellant's prayer for bail pending disposal of the appeal. While granting leave we directed release of the appe..Category: Criminal Law | Date: | Hits: 64
Abed Ali Vs. State, 1990, 19 CLC (AD)
.... transportation for life was given. Sub-section (5) has been substituted by the Law Reforms Ordinance and it now reads: "If the accused is convicted of an offence punishable with death or in the alternative, with transportation for life or imprisonment for a term of years, the Court shall in it......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
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