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St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....o.1 as the writ petitioner filed the aforesaid writ petition challenging the order dated 5.11.2006 passed by the respondent No.2 on the complaint filed by the petitioner, writ-respondent No.4, holding that the bid offer of the respondent No.1, writ-petitioner, was non-responsive and any proc......p; 6. In the meantime, the petitioner, writ respondent No.4, ST Electronics (Info Software Systems) Pvt. Ltd., filed several complaints to the Project Director of the Bangladesh Bank, Governor of the Bangladesh Bank and also to the Secretary, Ministry of Finance. But finding no resp..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....ailed to do anything for protection of the interest of the appellant Bank and so he was proceeded against on 12 heads of charges by the competent authority and the enquiry officer, after holding enquiry according to Rules, found him guilty on all other charges except for charge No. 4 ......preciate that the respondent No.1 was posted twice temporarily in the concerned branch only in order to afford him opportunities to regularizes the loan-cases and also to take steps to recover the loans and as such he was fully aware of the irregularities in respect of the concerned loa..Category: Administrative Law | Date: | Hits: 104
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on simpliciter but from the contents of said exhibit it is clear that order of termination was in fact passed as a measure of punishment. However the High Court Division made the Rule absolute holding that the decisions reported in 46 DLR (AD) 1 and 47 DLR (AD) 66 are quite consistent on th......benefits on the averments that he, on 9.5.1996, was appointed as the Deputy General Manager of Bangladesh Overseas Employment and Services Ltd (BOESL), a public limited company fully owned by the Government on the basis of an open competitive process and he joined in his service on 18.5.1996 and..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....rs, placed before us the impugned judgment of the High Court Division as well as judgments of the Courts below and thereafter contended that the High Court Division committed an error of law in not holding that in the facts and circumstances of the case, there is no manner of application o......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....ion 17 of the Act 1991 would not be withdrawn filed Writ Petition No. 2297 of 1995 whereupon Rule was issued and, after hearing, the High Court Division by judgment dated 1.7.97 discharged the Rule holding that though against the liabilities as shown on account of Emzad Enterprise and York Garmen......ppears that the order of stay in Writ Petition No. 2297 of 1995 was obtained at a time when period of two months, as was specified in the notice dated 3.9.1995 (received on 9.9.1995), was yet to be over and further order of stay was also obtained in the CMP No. 258 of 1997 at a time when the per..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....005 passed by Company Bench of the High Court Division in Matter No. 4 of 2005 rejecting the application filed by the petitioner under section 81(2) read with section 85(3) of the Companies Act, 1994 holding that the above application is not maintainable. 2. The petitioner filed the above Matt......Wordy Ltd.' which was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal necessity to appoint a new Managing Director as the tenure of the petitioner exp..Category: Business or Commercial Law | Date: | Hits: 151
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....fter 10 years; the trial court believed the evidence of P.Ws. merely because of the financial and social status of the plaintiff. 4. As it appears the High Court Division discharged the Rule holding that the original documents relating to auction purchase, confirmation of auctio......of 1968 which was subsequently renumbered as Title Suit No. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramjan Sheikh in oc..Category: Property Law | Date: | Hits: 63
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... claimant of the land the certificate sale was illegal. 8. The learned Advocate-on-record could not point out that the High Court Division and the lower appellate Court were in error in holding that the certificate case in which plaintiffs land was sold was started in the name of dea...... and as such the certificate case so started was illegal and consequent thereupon auction sale held without service of the notice as per sections 7 and 43 and Rule 46 of the Public Demands Recovery Act on the claimant of the land the certificate sale was illegal. 8. The learned ..Category: Property Law | Date: | Hits: 22
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the same is liable to be recorded in his name in the rent roll Khatian No. 22. 3. The plaintiff's case is that the holding belonged to Agardi Sonaru who died leaving defendant No. 3 as heir. She made a gift of the......also filed a case under section 145 of the Code of Civil Procedure against the plaintiff. But in that case possession of the plaintiff was found. 4. The plaintiff paid rent of the holding to the Government from 1363 to 1369 B.S. In Chaitra, 1370 B.S. the Tahsildar refused to accept rent from him..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ad with section 5(2) of Act II of 1947. The case was subsequently sent to the Court of Special Judge, Rajshahi Division. 7. The High Court Division by the impugned order discharged the Rule holding, inter alia, that section 339(C) of the Code of Criminal Procedure having been amended and......on 339(C) of the Code of Criminal Procedure having been amended and a new provision having been added to the effect that the proceedings cannot be stopped when the specified time for trial is over and the accused may be released from custody. The High Court Division further held t..Category: Criminal Law | Date: | Hits: 96
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....ime pre-emptee petitioners having transferred to Malekun 2.50 acres of land, Malekun did not cease to be a co-share. 4. The learned Assistant Judge, after hearing, allowed pre-emption holding that Malekun cased to be a co-sharer due to her above transfer of 6.32 acres on 5.2.1......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....n was rejected for default. Subsequently the application for restoration came up for disposal before the learned Single Judge. By the impugned order the learned Single Bench dismissed the application holding that it was stated the due to inadvertence of the clerk of the filing advocate Mr. N.K. Saha......ned advocate for the appellant Mr. N.K. Saha filed an application for restoration of the 2nd Appeal and by order dated 06.12.2004 the Hon'ble Chief Justice referred the matter to the Bench presided over by B.K. Das. J. The application for restoration appeared in the list on 08.12.2004 when none ap..Category: Procedural Law | Date: | Hits: 97
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
.... survey and accordingly after lapse of six years they cannot seek local investigation when the value of machinery and stock has admittedly deteriorated and the High Court Division fell in error in holding that the trial court properly exercised its discretion. 4. As it appears the Hi......rts, stores and stocks etc have definitely depreciated, what purpose will be served by assessing price of those when there is established mechanism to ascertain the depreciated value of those. Moreover, the plaintiff after filing of the suit having elected to have the machinery and the stock sur..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....vessel for carrying Kerosene, absence of pilot on the vessel and the age of the Master of the vessel and properly did not consider the inquiry report of the Department of Shipping (Ext-A) made upon holding inquiry in connection with the accident in question. The age of the Master of the vessel w...... was on her way to Dhaka from Damuddah and reached near Baktabali Ghat within Fatullah Police Station at about 3.30 A.M. then collided with M.V.Tapash because of the negligence as well as heavy and over loading of the vessel coming from opposite side, that defendant vessal Shainpukur-1, a p..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....ivision similar contention was also made from the side of condemned prisoners and in support of the above contention several decisions were cited but the High Court Division did not consider those holding that decisions referred to are distinguishable in the facts and circumstances of the p......scard their testimonies unless those appeared to have suffered from falsehood and so the testimonies of PWs 1,2,3 and 4 who proved the above extra-judicial confession, are worthy of credit and moreover, PWs 9 and 15 are absolutely independent witnesses and they had no rancor whatsoever with..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....t the impugned proceeding is liable to be quashed". 3. Leave was granted to consider the contention that the High Court Division on a wrong notion of law quashed the proceeding holding that 180 days (working days) have already expired and the Investigating Agency having ......t Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 BL..Category: Criminal Law | Date: | Hits: 48
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....eally defaulters the question of further enhancement of rent could not arise but the Courts below ignoring the exhibit-'Ga' most illegally decreed the suit and discharged the Rule by illegally holding that the petitioners were defaulters. 8. We have head Mr. Md. Ozair Farooq, l......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
.... the trial Court decreed the suit land in favour of the plaintiff but the Court of Appeal has modified the said decree partly in favour of the plaintiff and partly in favour of the defendant No. 1 holding the defendant is entitled to 0.43 acres of land as admitted by the plaintiff. In the s......he said auction but the same was withdrawn; that after the death of the father, the defendant No. 4 got the suit land by way of inheritance and he has been possessing the same paying rents to the Government and that the suit filed by the plaintiff is false. 4. The learned Munsif (now Assi..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on evidence. In our view High Court Division was not in error in holding that from the defendants' side evidence was lacking to establish the case of surrender by J......aben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said path has divided the land ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....Abdul Gafur Talukder ever accepted the kabuliyats executed by the defendants but the appellate Court, without reversing the material findings of the trial court erroneously allowed the appeal holding that he defendants acquired title and possession in the land in suit on the basis of kabuli...... not genuine documents or that the same was not acted upon (c) the R.S. Khatian was prepared in the names of the defendants (d) the defendants paid rent to Abdul Gafur and subsequently to the Government Acquired Estate which show that the defendants have been possessing the suit land (e) if ..Category: Property Law | Date: | Hits: 28
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