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AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....l Revision Case No.1569 of 1991 (Dhaka). Judgment Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Ru......cope and ambit of the inherent power of the High Court under section 561A vis‑a‑vis an earlier order made by it was not covered by these decisions. In the instant case the High Court has not been called upon to revise or review the earlier order made by it in its revisional jurisdiction. Here th...... 3. On completion of the investigation, Mr. Abdullah Chowdhury, ACOBAD, submitted charge‑sheet No.84 dated 20.12.1980 against the accused petitioners and others and accordingly they were placed on trial under sections 409/109 of the Penal Code read with section 5(2) of Act 11 of 1947. 4. It is......……………Opposite Party Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqul..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was actually a deed of sale but in order to avoid pre‑emption by co‑sh...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......lour of an exchange and the land shown to have been exchanged for the schedule land was fictitious and non‑existent. The present petitioner being the pre‑emptee on 20.5.90 filed a petition in the trial Court for rejection of the pre‑emption petition on two grounds, namely; (1) the document sou......ioners Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Ur..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....t Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and anoth......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......fendant‑respondents have not violated the Bank Service Regulations as the case of the appellant was enlisted on 21.7.81, before the adoption of the new Service Regulations on 12.9.8 1. 4. At the trial the appellant examined 2 witnesses including himself in support of his case and the respondent......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ..Category: Employment/Service Law | Date: | Hits: 71
....rd parties were respectively plaintiff-Bank and the defendant company. The defendant company in terms of the agreement deposited 10% of L/C margin with Bangladesh Krishi Bank, Labonchora Branch and also opened L/C on 18.6.1985 in the Principal Office of Janata Bank, Dilkusha Commercial Area and ther......therefore, unable to accept the last submission of Mr. M. Khaled Ahmed.
26. In any view of the matter, having regard to the facts as aforesaid, this appeal must fail. No interference is therefore, called for.
27. In the result, the appeal is dismissed without any order as to cost. The impugned......etween the parties be cancelled and for recovery of compensation to the tune of Tk. 25 Lac and the said suit was decreed on contest and as such the suit is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-company also examined 1 witness nam......e Jurisdiction)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyer..
Category: Civil Law | Date: | Hits: 217
.... A. Plot No.169 under S.A. Khatian No.7 of Mouja Helatola, Police Station and District Khulna, is that the suit land was gifted by the then Hindu Jaminder in favour of the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined f......iture statement of the plaintiff organization should be examined, so the Executive Committee of the plaintiff had to be dissolved. But, when account of the income and expenditure of the plaintiff was called for, the Secretary Mr. Enamul Haque Milu had failed to account for the income and expenditure...... request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as witnesses. It has also adduced and proved certain documents before the trial court which were marked as Exhibits-1 to 13.
3. The Defendant-Appellant-Petitioner conteste......3 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....rticle 6 provided powers and functions of the respondent No.5 which did not empower him to function in the capacity of a banker. In that memorandum, it was mentioned that the institution would render social service to the public at large in terms of section 5(a) of Bank Companies Act, 1991. The peti......rned Advocate submits that the contemner respondent Nos. 3 and 4 is not liable to be proceeded against on charge of contempt of Court. They learned Advocates further submits that the Supreme Court is called upon to consider an allegation of contempt against it, a jurisdiction that should be sparingl......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....ents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan Hossain Khan, 11 BLC 339; University of Mysore Vs. Govinda Rao. AIR 1965 SC 49: Md. Idrisur Rahman Vs. Md. Shahid Uddin Ahmed, 1999 BLD 29=4 B......, Paragraph 169). 36. Broadly speaking, the quo warranto proceeding affords a judicial inquiry in which any person holding an independent substantive public office, or franchise, or liberty is called upon to show by what right he holds the said office franchise or liberty; if the inquiry lead......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....der Article 102(2) (a) (ii) of the Constitution which provides that the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing ......ncluding the decision by the Arbitration Tribunal were not taken by any person performing the functions in connection with the affairs of the Republic or of a local authority, such decision cannot be called in question before this Court under Article 102(2)(a)(ii) of the Constitution. (Respondent No......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involve..Category: Constitutional Law | Date: | Hits: 165
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....l Hakim of Criminal Appeal No.1180/90 guilty of the charge under sections 409/467 of the Penal Code read with section 5(2) of Act II of 1947 and he convicted and sentenced him to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Tk. 500.00, in default to suffer RI for 1(one) month ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......lso been ordered that for the misappropriated amount this appellant was fined Tk. 26,000.00 and for the realisation of the amount his movable and immovable properties be confiscated to the State. The trial Court also found appellant Alfazuddin Ahmed of Criminal Appeal No.1143/90 guilty of the charge...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....and received earnest money to the tune of Tk. 300.00 on execution of Bainapatra from plaintiff and made over possession of the suit land in favour of plaintiff. Thereafter Manada Sundari died leaving son Anil Chandra Bhattacharja. Plaintiff tendered the balance amount to Manada Sundari's son Anil Ch......parte decree stands vitiated by fraud. So, as per provision contained in section 44 of Evidence Act legality or otherwise of the impugned decree which is passed on the basis of Bainanama Ext.2 can be called in question without instituting any separate suit to have the ex parte decree set aside. 9......of attesting witness P.W.2, Abdul Gofur Khan and P.W.3 Abdul Latif. But he could not place reliance on their testimony and on consideration of the evidence on record concurred with the finding of the trial Court and held that the bainanama Ext.2 is a forged and fabricated document. 7. It is submi......HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....t the view taken by the learned Munsif is erroneous in that where an appeal is pending adjudication in respect of a matter in issue between the same parties in a previously instituted suit which is also a matter in issue in the subsequent suit between the same parties the proper course is to approac......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......f at Upazila, Fulbaria, was transferred there and was renumbered as Title Suit No. 92 of 1983. The petitioner on 2.6.84 filed an application under section 10 read with section 151 CPC for staying the trial of the Title No.92 of 1983 till disposal of Other Suit No.650 of 1978 on the ground that the m......R (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Advocates ‑For the Opposite Parties. Civil Revision No.5630 of 1991 (Dhaka) and Civil Revision No.12 of 1988 (Jessore). Judgment DM Ansar Uddin Ahmed J.- This rule issued on an application under section 115 ......led the Misc. application, and as such the consideration of the petition dated 30.5.85 of the opposite parties Nos. 3 and 4 has been in clear violation of the appellate Court's direction. It may be recalled that the learned Subordinate Judge proceeded rightly in compliance with the appellate Court's......order Mosharraf Hasan and Mokbul Hussain Khan filed Misc. Appeal No.53 of 1984 which was in due course dismissed by the learned District Judge on 17.4.85 with some observations and direction upon the trial Court as follows: "The first and foremost point that the trial Court should decide since it......1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... was detected that the petitioner did not deposit the said amount to the company and thereby committed misconduct. On detection of the same the petitioner was charged for keeping the money for his personal gains and asked to submit explanation. The explanation submitted was, however, found unsatisfa......g of the Domestic Tribunal is vitiated by procedural defect. This is not present here in this case. In view of the nature of the order impugned we do not find any merit in this rule and we are not called upon to declare that the order passed by the Labour Court is without lawful authority and is ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......urt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Anil Krishna Mondal ……………..Petitioner Vs. Chairman, Labour Court and others……………….Respondents Judgment August 7, 1991. Lawyers Involved: Md. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....y way of partition on the basis of purchase as per registered kabala marked Ext.1‑C. 4. Facts as set up in the plaint may briefly be put thus: The land in suit was owned and possessed by 6 persons namely Abdul Aziz, Abdur Razzak, Dalema Bibi and Defendants 1‑3 on equal shares on the streng......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ...... 3rd Court, Dhaka in Title Appeal No.325 of 1963 affirming those of dated 31st July, 1963 passed by Subordinate Judge, 4th Court, Dhaka in Title Suit No.31 of 1960. 2. The said suit was decreed by trial Court and on appeal the learned 3rd Court of Additional District Judge affirmed the decree of ......as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....rties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑ewaz transferred the entire land in favour of his Ist son Roushan Ali in the year 1938 vide Ext. 1. Jamarat Ali died leaving his son Roushan Ali by his Is...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......67, and contesting defendants are in possession thereof on the basis of purchase. 5. Both the parties led evidence, documentary and oral, in support of their respective contentions and the learned trial Court on consideration of the evidence on record held that sale deed executed and registered b......s to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....d by Sessions Judge, Feni, in Criminal Appeal No.131 of 1985, dismissing the appeal upon modification of sentence by way of maintaining the sentence of fine only in place of sentence of rigorous imprisonment of one month and a fine of Taka 75.00 and thereby affirming the judgment and order dated 30.......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77........ The complainant examined 5 witnesses including himself and the Medical Officer. The accused petitioners examined none. After taking into consideration the evidence and other materials on record the trial Court found the accused petitioners guilty under sections 147, 323 and 447 of the Penal Code a......esent: Abdul Hasib J Dr. Joynal Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petit..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the p...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......that the land having been vested in Govt. in pursuance of wholesale acquisition of tenancy, vested in the Government and the Government acquired the same free from all encumbrances. 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the su......DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
....ued by the Registrar of the said University under the order of the respondent No.1 Vice‑Chancellor of the BUET suspending the operation of the order dated 18.6.91 appointing the petitioner as professor on probation shall not be declared to have been made without any lawful authority and to be of n......le was issued on 14th July, 1991 at the instance of petitioner Dr. Syed Mahbubur Rahman, Ph.D calling upon the respondent No.1, Bangladesh University of Engineering and Technology, Dhaka (hereinafter called the BUET) represented by its Vice‑Chancellor, and the respondent No.2, the Vice‑Chancello......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
J..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....ve are against the judgment and order dated 28th day of August, 2008 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Utt...... supporting the impugned judgment, has submitted that the High Court Division correctly interpreted section 39 of the Act, 1990 and quashed the impugned proceedings and, as such, no interference is called for by this Court and prays for dismissal of the appeals. 10. In view of the leave grantin......gh the various provisions of the Act, 1990. In the Act, no specific provision has been made as to the lodging of an FIR in respect of an offence committed thereunder, its investigation as well as trial, in case charge-sheet is submitted after investigation. So, we are also to see, in the absence......vocate-on-Record-For the Appellant (In both Appeals). Anisul Haque, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondent (In both Appeals). (From the judgment and order dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Misce..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad......hich states that an 'agent' is a person employed to do any act for another or to represent another in dealings with third person. The person for whom such act is done, or who is so represented is called the 'principal'. The authority of the agent is a derivative authority. In a simple contract a...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………..........Category: Business or Commercial Law | Date: | Hits: 267
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