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Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....The Bangladesh Shilpa Bank Order, 1972 (PO No. 129 of 1972), Article 34(1) The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the ......rs under Article 34 of the Bangladesh Shilpa Bank Order, 1972 (PO 129/72) stating that as on 13.9.87 the outstanding amount due to the Bank was Tk. 2,22,53,815 and that the Bank had decided to take over possession of the vessels and sell them on 5.12.87. The petitioners sent a reply to the said ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....a making the rule absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the respondent, who was a Superintending Engineer and working as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from service by the Chief...... 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. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....e appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appellant void upon holding that the election at the aforesaid centre could not take place due to disturbance. 3. T...... Dhaka Municipal Corporation Ordinance No. XL of 1983 in Chapter II provides for election of Commissioners for the wards. In exercise of the powers conferred by section 157 of the Ordinance, the Government framed the aforesaid Rules, Part III of which provides for 'election disputes'. It is no..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... case under sections 471 and 467 of the Penal Code when admittedly the above Title Suit No. 171 of 1999 as well as CPSLA No.272 of 2000, are pending for hearing and none of the above courts, after holding that the above affidavit filed therein is forged, asked the Metropolitan Magistrate Court t......ner, filed an application before the High Court Division praying for vacating the order of stay dated 10.5.2001 which after hearing was rejected; then he, on 15.5.2003 filed counter affidavit controverting the averments made by the accused respondent No.1 in the above application under section 5..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....ng the same to proper court. The respondent No.1 opposed the above application by filing written objection. The learned Joint District Judge, after hearing, rejected the above application holding that the respondent No.1 was established by Act No.12 of 1997 as a commercial bank and......ndants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was then overdue; as per decision of Bangladesh Bank, by Public Notice dated 28.4.1992 the activities of Ban..Category: Banking Law | Date: | Hits: 101
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....at he had opted for pension and is therefore entitled to get pension and which is not being paid; that he is also entitled to get interest at the rate of 20 percent per annum for wrongful withholding of the benefit. That by an application dated 03.05.1993 the respondent amended his plaint b......ion, reinstatement and LPR benefits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension co..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... is not a bar against the petitioner and as such the impugned judgment and order of the High Court Division is not tenable in law. He further submits that the High Court Division was wrong in holding that the petitioner having participated in the inquiry proceedings before the inquiry com&s......o take part in the enquiry proceeding in violation of Bangladesh Biman Corporation Employees (Service) Regulation, 1979 (shortly the Regulation, 1979). The enquiry proceeding was-not read over to him though the enquiry officer obtained the signature of the petitioner on the enquir..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....ent of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate shares, on the basis of his existing shareholding in the company from the aforesaid allotted 5,35,000 shares on payment and directing the resp...... as alleged and the Respondent No.1 did not attend such meeting and that no meeting of the Board of Directors was held on 20.01.1998 and that the respondent No.7, Zillur Rahman Chowdhury has handed over all the documents of the Company to the Managing Director of the Company on his resignation..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....te Commissioner was accordingly appointed and he also submitted his report. The delay caused was not intentional. 7. The trial court allowed the petition by order dated 24.02.2002 holding that since the Commissioner's fee was not deposited within 60 days as per the order of the ......dingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....tention of the pre-emptee that even if the transaction sought to be pre-empted is considered sale but then too the pre-emptor's prayer is not maintainable since he ceased to be the co-sharer of the holding during the pendency of the Miscellaneous case by making gift of his share to the extent of ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....tained the Rule and ultimately after hearing the Rule was discharged. 6. Leave was granted to consider the submission that the High Court Division failed to exercise jurisdiction in not holding that the lower appellate court committed error of law in refusing to accept the basic docu......the P.W.1 went to India at the relevant time as he said he had no passport at that time. His contention is that he travelled India at the relevant time without passport which is not believable. Moreover, all the courts have held that the P.W.1 stated that he last saw Kallayani Debi in Bangladesh..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding that the trial court was wrong in rejecting the plaint. 8. He thereafter submits that......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. ..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....wner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and there has been separation of the holding and the parties are in enjoyment separately by constructing different structures having se......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. ..Category: Property Law | Date: | Hits: 35
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....g the appeal thereby acquitting the accused respondents of the charge under sections 409/109 of the Penal code read with Section 5(2) of Act II of 1947. 3. The facts, in brief, are that after holding enquiry in connection with E/R No. 102/87 Mohiuddin Ahmed, District And Corruption Officer......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 35
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
....to file and maintain the writ petition. 8. Dr. A. K. M. Mohammad Ali, learned Advocate appearing for the petitioner on the other hand submits that the High Court Division Committed error in holding that the petitioner described himself incorrectly and unauthorisedly as superintendent of t......was thus formed and after formation of the managing committee the Superintendent of the Madrasha vida letter dated 17.09.2002 as per Regulation 20 of the Bangladesh Madrasha Education Board (Governing Bodies and Managing Committees) Regulation 1979 informed about the constitution of the man..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....ate, appearing for the petitioner, having referred to the impugned judgment of the High Court Division, contended that the learned Judges of the High Court Division committed an error of law in not holding that the respondent No.4 filed an application before the Joint Registrar number......ighest number of votes and accordingly he was declared as elected Chairman. The newly elected Managing Committee of Khetlal UCCA Lt. started its function and the first meeting convened and presided over by the Upazilla Rural Development Officer, Khetlal, Joipurhat was held on 04-10-2003. After t..Category: Constitutional Law | Date: | Hits: 162
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....ars through their predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judgment and decree dated 20-06-1999 holding that R.S. khatian stands in the names of plaintiffs and defendants being permissive pu...... 2. The predecessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....and the petitioners i. e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was, under the rule, necessity of holding examination but in the instant case there being 49 candidates against four posts there was ......howdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Raman, Dhaka and others....Category: Employment/Service Law | Date: | Hits: 86
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....tion or status quo, the High Court Division erred in affirming the order of mandatory injunction passed by the trial court. 6. Lastly, he submits that the High Court Division erred in holding that order passed by the Appellate Court for maintaining status quo remained in force even ......01 passed by the learned Senior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....he learned Attorney General appeared and made submissions on behalf of the respondent Nos. 1 to 3. A Division Bench of the High Court Division after hearing the parties made the rule absolute holding, inter alia, that the learned Attorney General after reading the rule, report of the Suprem......t No. 1 instituted Writ Petition No. 2454 of 2004 challenging the order communicated under notification dated 20.04.2004 issued by the Secretary Ministry of Law Justice and Parliamentary Affairs, Government of Bangladesh (respondent No.3,) intimating that the President of the Republic has remove..Category: Others | Date: | Hits: 97
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