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Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......n us through the impugned judgment of the High Court Division and materials on record, contended that by amending the above mentioned provisions, the concerned person has been vested with exclusive power without providing any provisions for showing cause or of being heard in person and on a plai......ents Judgment May 02, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Pet......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..

Category: Environmental Law | Date: | Hits: 517

Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)

.... was demoted from service with malafide motive on 19.10.1997. It was stated further that by notice dated 23.03.1998 the petitioner was asked to show cause on the allegation that he had caused huge financial loss to Biman by overwriting and tampering three indents whereby previous purchase prices...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ......ion (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Biman Corporation represented by its Managing Director, Balaka Bhaban, P.S. Cantonment, ZIA, Kurmitola, Dhaka and another ...........Petitioners ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..

Category: Employment/Service Law | Date: | Hits: 72

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....uld go in operation with the project and subsequently the then General Manager of the Krishi Bank made inspection of the factory building constructed by the plaintiff and assured the plaintiff with financial help but ultimately did nothing and at the time of approaching the plaintiff was asked t......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ivision (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Lt......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..

Category: Civil Law | Date: | Hits: 103

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....sis of the impugned order. Firstly, the respondent No. 1 Court has held that it has jurisdiction since the name of the respondent No. 2, the International Finance Corporation, appears as one of the financial institutions capable to sue under the Artha Rin Adalat Act, 1990 in section 2(Ka)(9). Sec......his Agreement, the Company hereby irrevocably submits to the non-exclusive jurisdiction of such Court in any such action or proceeding and hereby agrees to designate, appoint and empower The Law Debenture Trust Corporation p.I.e., Refuge House, 66 Gresham Street, London EC2 7H..................Petitioner Vs. The Court of Joint District and 2nd Artha Rin Adalat, Dhaka and others......... Respondents Judgment January 26, 2006. Cases Referred to: Hanak v. Green [1958] 2 All E.R. 141, C.A.; The Leon [1985] 2 Lloyds L.R. 470; Gilbert......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......Settlement. Hence is this appeal. 5. In support of the appeal Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that the learned Judges of the High Court Division had no power to re-assess the evidence. But the High Court Division re-assessed the evidence and based its...... Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents Judgment May 04, 2005. Lawyers Involved: ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......peal by special leave is against an order of mandatory injunction by a Single Judge of the High Court Division directing the appellants to remove certain structures raised by them, in exercise of his powers under section 115 of the Code of Civil Procedure, while disposing of a revisional application......��…………………………….Appellants Vs. Abu Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahm......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......s Involved: Ajmalul Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record-For the Petitioner. Not Represented-For the Respondent. Civil Petition for Leave to Appeal No. 766 of 2005. (From the judgment and order dated 24th May, 2005 passed by the H....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..

Category: Election Law | Date: | Hits: 124

Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)

....of the services of the Project employees in Phase-II of the Project was considered in a pre-ECNEC meeting held on 10.8.2002. Subsequently ECNEC in its meeting dated 15.8.2002 approved the financial component of the Project. The Divisional Project Evaluation Committee (DPEC) thereafter ......oject for the period from July 1991 of 30th June, 2002 and they were appointed in Phase-I of the Project absolutely on temporary and contract basis. Sometimes infrastructure along with the manpower of a Development Project is transferred to revenue budget of the Government after completion ................Respondents (In Civil Appeal No. 39 of 2005) Judgment May 24, 2007. Lawyers Involved: Syeda Afser Jahan, Deputy Attorney General, instructed by Ferozur Rahman, Advocate-on-Record-For the Appellants (In both the Ap......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ew of the law as quoted above will be clear to any discerning person acquainted with the development of the law. It must be made clear that the law which we have declared has never granted absolute power either to the Government or to the President to make an order of detention even in the circums......ther ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudrat-E-Elahi Pa......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......bsp; findings that the money in question was entirely in charge of Cashier, Abdus Salam Khan and only wrong found against the respondent was that the failed to exercise his supervisory power on day to days work of the Cashier inasmuch as the inquiry committee did not find the ......;………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Not r......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..

Category: Criminal Law | Date: | Hits: 62

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......tion. This Court while dismissing the appeals held that the Arbitrator is a creature of the statute (Ordinance II of 1982) and under section 36 of the Ordinance he has been vested with some limited powers of Civil Court. Therefore, the Arbitrator has no power of review. It was further held that i......& another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, represented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In all cases) Judg......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......upati Mukhpadhaya who had been possessing the suit land. Modhu Sudan Mondal father of the plaintiffs continued a bargader under Pashupati Mukhpadhaya also, Subsequently Pashupati Mukhpadhaya gave a power of attorney in favour of Satish Chandra Chattopadhaya who had been possessing the said land....... Judgment March 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 580 of 2005. (From the judgment and order dated 09.04.2005 passed by the High ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..

Category: Property Law | Date: | Hits: 23

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......prayed for was issued. The aforesaid direction was communicated to the writ respondent No.1 who expressed the latest position of the authority saying that the writ-respondent No. 2 has taken away his power by Memo dated 22.8.2002 and as such the writ respondent No. 2 is now the competent authority t......m J Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to- Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19. Lawyers Involved: Fida M. Kamal, Add...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)

.... since the respondent No.1, writ petitioner, disclosed in its bid documents sufficient materials showing that it submitted its bid as an agent of its disclosed principal, AIT and PCB, the financial turnover requirements submitted by it fulfilled the requirement of clause 6.1 of ITB and ......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... Ajmalul Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on- Record-For Respondent No. 4. Not Represented- For Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 710 of 2007. (From the judgment and order dated 20.5.2007 passed by the High C......overnor of the Bangladesh Bank and also to the Secretary, Ministry of Finance. But finding no response from any of them the petitioner, writ-respondent No.4, filed a formal complaint to the Review Panel, the writ-respondent No.1, on 12.10.2006, which is a body constituted&nbs..

Category: Business or Commercial Law | Date: | Hits: 110

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......h, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegations of negligence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Ser......egligence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Services Regulations 1981 with a direction to submit written reply to the inquiry officer and he duly submitted his written reply deny&sh......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ..

Category: Administrative Law | Date: | Hits: 104

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....ppoint a new Managing Director as the tenure of the petitioner expired on 6.3.2004; further despite repeated requests from the Chairman as well as other shareholders the petitioner did not submit any financial statements nor did he got the account of the company audited so that the statutory meeting......eign buyers, arranging capital, going into production in quickest possible time and making a commendable headway and due to above and also extraordinary pressure of work which was exaceserated due to power failure, political/labour unrest, flood and other export difficulties he could not take approp......Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by the High Cou......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..

Category: Business or Commercial Law | Date: | Hits: 151

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....ted kabala from the time of its execution he waived his right, if any, by acquiescence as he filed the suit long after 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 disch......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ...... Harendra Nath Nandi, Advocate instructed by Prinash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004. (From the judgment and order dated 20th April,......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..

Category: Property Law | Date: | Hits: 63

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....for realization of Tk. 9,30,826/- together with 20% interest, stating, inter alia, that the defendant-petitioner-firm, M/s. Abul Hossain and Brothers approached the plaintiff-Bank on 09-06-1993 for financial assistance and accordingly the said Bank sanctioned Tk. 15,00,000/- on 22-09-1993. The p......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......d by Md. Wahidullah, Advocate-on-Record-For the Petitioners. Ahsanullah Patwary, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1073 of 2005. (From the Judgement and order dated 13.04.2005 passed by the High Cou......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..

Category: Banking Law | Date: | Hits: 85

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......taque Ahmed, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 11. Not represented-Respondent Nos. 1-10. Civil Petition for Leave to Appeal No. 688 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Co......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..

Category: Property Law | Date: | Hits: 52

M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)

....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ...........A review can only lie if one of the grounds in rule 1 of Order 47 is made out, when the petitioner of a review fails to show any of such of grounds, his review petition can not be allowed. The power of review in not an inherent power. It must be conferred by the law either specifically or by......rd-For the Petitioner (In both the cases) Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 1500 of 2006 & 188 of 2007. (From the judgment and order dated August 23, 2......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..

Category: Alternative Dispute Resolution | Date: | Hits: 193

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