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Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....he above Branch during his tenure, the respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he failed to do anything for protection of the interest of the appellant Bank and so he was proceeded ag......irregularities were committed by the respondent No.1 while he was serving as Manager at Mongaibarihat Branch which was enquired into and ultimately he was let off with a censure and at a subsequent stage a huge number of irregularities having been detected in the above Branch during his tenure, t......spondent No.1 filed the above Administrative Tribunal Case No. 44 of 1995 on the averments that while he was serving as the Manager of Sonali Bank, Mongalbarihat Branch, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegati..Category: Administrative Law | Date: | Hits: 104
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....ument and other service 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 ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......age for hiding the real purpose of the respondents in inflicting upon the petitioner major punishment for his alleged insubordination, corruption, inefficiency etc. without initiating any proceeding; the High Court Division wrongly relied on the decision reported in 46 DLR (AD) 1 ..Category: Employment/Service Law | Date: | Hits: 71
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....he above on the expiry of the period of two months since receipt of the notice issued under section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......ed Bangladesh Bank the above position but even then the Bangladesh Bank by notice dated 10.10.95 informed the appellant that his explanation was unacceptable; the appellant thus realizing that the proceeding initiated against him under section 17 of the Act 1991 would not be withdrawn filed Writ..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ssession thereof to them and the defendant Nos. 1-3 are in possession of the suit land and the plaintiffs having no right, title as well as possession in the suit land they were not entitled to get any relief. The learned subordinate Judge (now Joint District Judge), after hearing, decreed the s......plaint is not allowed they will be deprived of their legitimate right of enjoyment of their valuable properties; it is settled principle of law that amendment of the pleading can be allowed at any stage of the proceeding provided that the amendment, if allowed, would not change the nature and ch...... allowed they will be deprived of their legitimate right of enjoyment of their valuable properties; it is settled principle of law that amendment of the pleading can be allowed at any stage of the proceeding provided that the amendment, if allowed, would not change the nature and character of th..Category: Property Law | Date: | Hits: 25
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......and that on 5th Aswin, 1392 BS defendants threatened her to dispossess and thereupon he making query came to know that defendant No. 1 has auction purchased the land although no notice of the proceeding in which auction sale held was served on the plaintiff, that the auction was held beyond..Category: Property Law | Date: | Hits: 22
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....e parties, it will be held to apply, prima facie, to all actions pending as well as future. It was further held that the new law has effected a change in the procedural law but it has not affected any vested right of the accused and the prosecution, because the accused had not, in fact, any......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......y a Division Bench of the High Court Division in Criminal Revision No. 652 of 1993 discharging the Rule. 3. The Rule was issued calling upon the opposite parties to show cause as to why the proceeding in Special Tribunal Case No. 9 of 1991 (in fact Special Case No.9 of 1991) under section..Category: Criminal Law | Date: | Hits: 96
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....application under Section 526 of the Code of Criminal Procedure read with Section 4(4) of the Druto Bichar Tribunal Ain, 2002 praying to transfer the case from Druto Bichar Tribunal No. 1, Dhaka to any other competent court at Dhaka. 4. The High Court Division by the impugned judgment and......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......wing prayer: "Wherefore, it is humbly prayed that, your Lordship would graciously be pleased to call for records issue a rule calling upon the opposite party to show cause as to why the proceeding in Druto Bichar Tribunal Case No. 12 of 2005 (arising out Dhanmondi) P.S.case No.01 dat..Category: Criminal Law | Date: | Hits: 64
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
.... Present Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Janata Bank and others.....................Appellants Vs. National Electric Company Ltd…………….Respondent Judgment March 21, 2007. ...... person, with his signature duly attested, to take back the keys but he did not take any steps in this regard; earlier a foreign expert made local investigation to ascertain the loss but at belated stage, when the suit has been fixed for hearing, the plaintiff filed an application praying fo......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....ment dated November 6, 1990 of the High Court Division in Admiralty Suit No. 8 of 1988 dismissing the same. The case of the plaintiffs is that Chalna Carriers and Fibres Ltd. a Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plaintiff No.2), that the said o......fs to the effect that the Master of vessel was not examined as in that case the Court would likely to have form an adverse opinion as to competency of the Master of the vessel to ply vessel at that stage of age. The claim of the plaintiffs that the vessel M.V. Tapash was on the right side of the......hat visual light of M.V. Tapash was not lighted, that Master of M.V. Tapash was an old man of 67 years and because of the carelessness of old Master and due to darkness of the night M.V. Tapash was proceeding through the wrong side of the buoy and that inspite of instruction by the Master of M.V...Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....within thirty days from the date of receipt of information relating to commission of the offence or the order of the Magistrate for such investigation: or (b) in respect of any other offence, within sixty days from the date of receipt of such information or ord...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......in J. - This appeal by the State is against the judgment and order dated February 9, 1995 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 799 of 1994 quashing the proceedings of Ramna P.S. Case No. 31(6) of 1993 (corresponding DAB GR Case No. 70 of 1993) of the ..Category: Criminal Law | Date: | Hits: 48
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......yees misappropriated materials of the WAS A and thereupon plaintiff and thereupon issued show cause notices to the said 5 persons including the plaintiff, that as per the disciplinary rules as the proceeding initiated could not be completed within 30 days and the report having had not been submi..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... favour of the defendant’s predecessor-in-interest but they did not do so. They also asserted that the solenama filed in Title Suit No. 102 of 1958 was fraudulent and the plaintiffs did not acquire any interest in the suit property by virtue of the kabala dated 04.11.1961. 4. The learned Assist...... correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......the name of defendant’s predecessor but order was passed to record his possession in Col. 13. of the Khatian. Ext.9 is the copy of reply to the show cause filed by the second party Abdus Salam in a proceeding under section 145 of the Code of Criminal Procedure before Mr. S.A. Hamid, Magistrate 1st..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....is of the aforesaid information, explanations and statements the enquiry committee concludes that Wonderland Toys Ltd deliberately concealed information in the prospectus with regard to the company's machinery. They did not disclose the fact of non-arrival of last consignment of machinery in...... proceeding. The submissions of the learned Counsel for the petitioners are touching mainly the merit of the rule pending before the High Court Division and any finding on such submissions at this stage would have the effect of touching the merit of the rule and as such it is desirable not to ma...... writ petitioner seeks leave to appeal against the impugned order dated 20.8.2002 passed by the High Court Division in Writ Petition No. 951 of 2001 vacating the order of stay staying the criminal proceeding against the petitioner initiated under section 24 of the Securities and Exchange Ordinan..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
....licants, the respondent No. 1(a) to 1(g) herein, as his legal heirs to inherit the property left by him. That it was further stated that respondent No.1 (a) to 1(g) were not aware of proceeding of any appeal filed by their predecessor and the learned Advocate for the deceased-appellant also was ...... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......behind the applicants, the respondent No. 1(a) to 1(g) herein, as his legal heirs to inherit the property left by him. That it was further stated that respondent No.1 (a) to 1(g) were not aware of proceeding of any appeal filed by their predecessor and the learned Advocate for the deceased-appel..Category: Procedural Law | Date: | Hits: 75
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....was serving in Comilla Circle, the petitioner by sending an allegation on 29.11.1992 informed the Collector of Customs and the Chairman of National Board of Revenue, Dhaka that M/s. Rahman and Company in connivance with Assistant Collector, Abul Khair Bhuiyan and others fraudulently avoided paym......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......t the Assistant Collector held an inquiry on 07.01.1993 and the petitioner was transferred to Chittagong Sadar office library. Thereafter, the petitioner was placed under suspension. A departmental proceeding was initiated against him by framing charges with the allegations that he was involved w..Category: Criminal Law | Date: | Hits: 41
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....presumption under section 114(g) of the Evidence Act against the prosecution that had the G.D. Entry been filed it would go against the prosecution. Over and above, the learned D.A.G. could not offer any explanation for non filing of the G.D. Entry and also could not controvert the argument of the l....... Amzad Hossain and three other Constables to arrest accused Mukul alias Swapan of a dacoity case and went to Chowgram village and looked there for Mukul alias Swapan at different places, that at one stage they came to know that the said dacoit was standing on a culvert over a village road by the si......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..Category: Criminal Law | Date: | Hits: 73
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....r produced in Court, A copy of said power of attorney was however, produced by the Ministry but no evidence was adduced to prove execution of said power of attorney by Nasim Razzak. In the absence of any proof of the power of attorney, the transfer by Habibullah to Rabiul Awal does not convey any ti......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......e out a case that defendant No.5 obtained his signature by force on blank white papers. Though we find a GD entry lodged with reference to dated 03.10.1987, we could not find any GD entry or criminal proceeding with regard to any incident dated 10.07.1986. Abdur Rab in fact failed to prove that his ..Category: Tenancy Law | Date: | Hits: 180
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....pology on behalf of the appellants and accordingly set aside the impugned judgment and order of guilt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......te Division refused to extend the stay, the learned Judge of the Appellate Division in the Chamber made an observation to file a regular leave petition to submit an application for stay at a later stage. It was tried to justify the action of the contemner Nos.3-5 on the ground that as the questi......tition No.84 of 2002 arising out of Writ Petition No. 1010 of 2002 was filed on 16 November 2002 whereupon a rule was issued calling upon the appellants and others to show cause as to why contempt proceeding should not be drawn up against them and/or pass such other or further order or orders as..Category: Criminal Law | Date: | Hits: 47
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......orrect, he may get relief. 8. In the facts and circumstances of the case, we are of the view, that the High Court Division rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in..Category: Criminal Law | Date: | Hits: 29
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....ip;……” is not at all sustainable; even if, for argument's sake, the FIR and the charge sheet are accepted in their entirety even then those do not reveal and constitute any materials for any criminal offence whatsoever against the petitioners; further admittedly the C......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......No.1179 of 2001) discharging the Rules. 2. The petitioners obtained the above Rules on the applications filed under section 561A of the Code of Criminal Procedure praying for quashing of the proceedings of Special Case No. 31 of 2001,arising out DAB,G.R.Case No. 02 of 1990 and Doublemoorin..Category: Criminal Law | Date: | Hits: 43
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