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Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......t Appellate Division (Civil) Present ABM Khairul Haque CJ Md. M Hossain J SK Sinha J Privatization Commission.................................Appellant Vs. Golam Mostafa and others...............................Respondents Judgment February 14, 2011. Result: ......to be realized from the purchaser. Similar statements were made in annexure-O to the writ petition, which was also written by the Deputy Director to the Secretary Ministry of Finance. Besides these documents, in the audit report of the Mills for the year ended on 30th June, 1999, the auditor comme..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....late Court. Hence this leave petition by the petitioner. 6. Mr AB Roy Chowdhury, the learned Advocate appearing for the petitioner, submits, that the appellate Court considered independently the relevant points for adjudication and discussed the evidence led by the parties as well as the point ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ase is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....form and ask the petitioner to submit the instruments of transfer according to law instead of refusing his prayer at the first instance. 21. In this regard Mr. Fida Kamal has submitted that at the relevant time the petitioner was not required under law to affix stamp duties on the instrument of t......ied to consider his case. The petitioner was not given any opportunity to submit the instruments of transfer and the share certificates to the bank. Unless and until, he was allowed to file all those papers, how the Board of Directors would consider his case. 12. Mr. M Nurullah, the learned Advoc......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......r legal infirmities raised by the bank in its letter dated 15.4.84 (Annexure E) or in any other subsequent letter. In the present case the facts are not disputed or complicated. Rather the papers and documents filed by the respective parties are sufficient to settle the rights and interests of the p..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... on him and he was not afforded any opportunity by the authorities of showing cause against the impugned order and of being heard by the respondent No. 1 is concerned, it is necessary to refer to the relevant portion of this order which is at Annexure 'H' and which runs as follows: "There is no f......d there from by police force deputed by the District Administration. The petitioners should, therefore, be recognised as tenants by the Local Revenue Authority after scrutiny and examination of their papers and also after withdrawal of the TS Case No. 10/84 pending in the Court of Sub‑Judge, Bhola......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhaka and others…………………..Respondents. Judg......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nch of the said bank or any other nearest schedule bank under sealed cover in safe custody containing signatures of the Cashier and the Manager in order to avoid any fraud or deception by entering in relevant registers and the maintenance of such a register namely, duplicate key register is a mandat......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V...... taken by surprise by the other side at the time of trial". In the case reported in 38 DLR 39 the Trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of documents) without amending the plaint. In these circumstances it was held in this case that such in..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....inate Judge, 1st Court, Dhaka in Title Suit No. 228 of 1986 rejecting an application under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Procedure. 2. The short facts relevant for disposal of the rule may be stated as follows: The opposite party Nos. 1‑4 as pla......m named Jamaluddin from damaging, the suit building. He also prayed for rents in respect of the property under requisition whereupon the Deputy Commissioner asked the owners to submit their necessary papers in support of their claim; thereafter Ram Krishna Saha Banik proposed to transfer the propert......is also Reported in: 43 DLR (1991) 196. ......ts own motion or on the application of any party, ‑ (a)...................................... (b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid ; (c)......................................” an..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
.... 1. Civil Revision No. 108 of 1988. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule tinder section 115 of the Code of Civil Procedure is directed against an order of remand. 2. The relevant facts giving rise to this rule in brief are, that opposite party No. 1, as plaintiff, broug......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193....... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 ......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187........4.90 passed in Writ Petition No. 771 of 1989 analogously with 32 other Writ Petitions while considering a similar grievance of the petitioner held: "It is apparent from the statements made in and papers annexed to the petition that Rajuk caused the notice under section 3B of the Act served on th......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....e interest of justice and to save the accused petitioner from illegal harassment. While advancing the above arguments, the learned Advocate for the petitioner on our askance has placed before us some relevant papers namely (1) a photo copy of the letter dated 22nd July, 1985 of the Head Master of St......t of justice and to save the accused petitioner from illegal harassment. While advancing the above arguments, the learned Advocate for the petitioner on our askance has placed before us some relevant papers namely (1) a photo copy of the letter dated 22nd July, 1985 of the Head Master of St Joseph H...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 192
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....t No.226 of 1985 of the Court of Assistant Judge, 2nd Court, Dhaka against an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......of 2746 voters of the said centre. He also alleged that on the date of election the muscle‑men of opposite Party No.1 being armed with various firearms occupied all the centres and took away ballot papers from the officers conducting the election and put seals against the mark "Plough" which was t......asem Talukder...............Petitioner Vs. Shamsul Hoque Shawdagar…………………Opposite Parties Judgment May 20, 1991. Case Referred To- Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180. Lawyers Involved: M Faruque, Advocate ‑ For the Petitioner. ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ...... P.W.2 Md. Saiful Islam was at the PO. P.W.2 Saiful Islam was not known to him from before. He did not seize the wrist watch and chain. In cross‑examination P.W.2 Saiful Islam stated that he had no papers to show that he was an employee of a watch company and he did not know the number of their St...... For the State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribuna......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....spondent No.1 guilty under Rule 39(Ka) (Kha) and (Cha) finally dismissed him from service under Rule “৪০(১)(খ)(ই)” of the REB Service Rules, 1990 as per Memo dated 2nd January, 2008 the relevant portion of which is reproduced below: “যেহেতু তদন্ত কমিট......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....rty to deposit security for the cost of the election petition under the literal head as mentioned in rule 12(5) and any deviation there from would entail rejection of the election petition. 4. The relevant provision for deposit of security cost of an election petition is contained in rule 44(3) o......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......urt Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- ......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....s that he himself and defendant No. 2 sold the disputed land to his wife Braja Bashi Debi by a kabala, exhibit 'Kha' which was executed on 14.4.74. His further case is that the defendant No. 2 at the relevant time had not been in Bangladesh and he did not execute any bainapatra in favour of the plai...... in short, is that he contracted to sell .12 acres of land for Tk. 1000/‑ to Mr. Shafiullah, the brother of the plaintiff, during the turmoil of 1971 in Bangladesh and kept three blank signed stamp papers with said Mr. Shafiullah for the purpose. During the liberation war in Bangladesh he left for......presented ‑ the Opposite Party. Civil Revision No. 313 of 1980. Judgment Mohammad Abdur Rouf J . - This Rule, at the instance of the plaintiff‑petitioner is directed against the judgment and decree dated 18.9.79 passed by Mr. Md. Aftabuddin, Subordinate Judge, Additional Court, Noakhali......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... (Annexure‑A to the petition) it is mentioned that his licensed gun was used in the commission of the alleged offence and the same was committed at his instance. But the investigating agency in the relevant charge sheet, which has been annexed with the Affidavit‑in‑opposition of the respondent......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......o. 16 of 1972 claiming that the said property was not at all abandoned property to the extent of her 12 annas share and also praying for releasing her share. After hearing her and considering all her papers the Sub‑Divisional Officer, who was the prescribed authority dealing with such application,......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ...... evidence produced by the petitioner before him including her nationality certificate issued by the Ministry of Home Affairs, and her title deed, etc. and came to the following findings: "From the documents and papers, it is evident that the petitioner's father Al‑haj Sheikh Mohammad Noor purch..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....that the facts of that case is clearly distinguishable and cannot be applied in the present case. 5. To appreciate the point raised by the learned Advocate for the petitioner we are to examine the relevant provisions of the said Ordinance and the Code to find out whether Labour Court has exclusiv......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137....... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kal......d in such Court under the Code of Civil Procedure (Act V of 1908) including the powers of: (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material object; (c) issuing orders for the examination of witnesses or documents; ..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......7. We have heard Mr. Mansur Habib, the learned Advocate appearing for the petitioner, perused the leave petition, impugned judgment and order passed by the High Court Division and all other connected papers on record. Section 24 of the Code of Civil Procedure confers a general power upon the High Co...... (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fab......te Court had committed an error of law in making out a third case in holding That there was no contract in between the parties which could be legally enforced. The learned misconstrued the plaintiffs documents specially Ext. 1 and 2 series in holding that no definite consideration money was fixed fo..Category: Property Law | Date: | Hits: 70
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