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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....tter sent to Bangladesh Bank making certain queries and this being an internal communication made in the process of reaching decision un-communicated to the writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundatio...... 744/20-2074/91 dated 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for the suit. As per the plaint it is abundantly clear that it is the plaintiff-Company which has filed the suit through its constituted attorney Md. Sirajul Huq. The plaint can be rej......he plea that he was otherwise "duly authorised" in terms of the Articles of Association of the Company to sign the plaint then this is a matter of evidence. It is absolutely premature to hold at this stage that the plaint was not signed by a duly authorized person………(11 & 15) If a plain......(2) provides that every such appointment shall be filed in Court and shall be deemed to be in force until determined with the leave of the Court or until the client or the pleader dies or until all proceedings in the suit are ended. 10. When the Court finds that the power of attorney is bad, ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....ed amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurred is essentially ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......d to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurred is essentially civil in natu..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....3 Humayun Road, Mohammadpur, Dhaka. On 16.11.1971 Naser started from the residence towards his place of business at Gulshan as usual, but did not come back to his residence even late at night or at any time afterwards. Plaintiff No.1 searched for Naser at every probable place including the resid......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......al purposes a consent decree, the plaintiffs having consciously given up their claim to the ownership of the suit property and objection as to the decree passed in Misc. Case No. 88 of 1976 and the proceedings of Money Execution Case No.7 of 1978. The learned counsel for the respondents have ref..Category: Property Law | Date: | Hits: 95
Abul Khair Vs. State, 2005, 34 CLC (AD)
....e said Salish the victim imposed fine of Tk.50/- upon the workers of Abul Khair and being annoyed Abul Khair was about to attack the victim but due to resistance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house...... of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant and Imam Hossain surrendered. The Court of Sessions after trial fo......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
.... I. Because the High Court Division exceeded its jurisdiction as provided under section 100 of the Code of Civil Procedure in setting aside the concurrent findings of the courts below without any finding that those were perverse or unreasonable or without any evidence. II. Becaus......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......buliyat executed by defendant No.1 himself in favour of the plaintiffs admitting the plaintiffs" title to and possession in the suit land. It is true that admission in a Criminal proceeding cannot be used in a civil suit but the barga Kabuliyat Ext.7 executed by defendant No.1..Category: Property Law | Date: | Hits: 35
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....y in question and, therefore, the Administrator applied to the Deputy Commissioner under Section 64(1) of the Ordinance by the impugned Memo, dated 10.6.2002, which, in our view, does not suffer from any illegality nor it can be said to have been made without lawful authority and as such we do not f......am J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed with costs at all stages. Lawyers Involved: A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab H......t legal. The provision of section 64(1) of the Waqf Ordinance itself authorizes the Deputy Commissioner to evict the person mentioned therein on being asked by the Administrator of Waqfs. No separate proceeding under any law need be initiated for eviction of the occupier of the waqf property in the ..Category: Trust/Waqf Law | Date: | Hits: 228
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the defendant and the plaintiffs shall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory inju...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. .......1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide intention and the latter's fraudulent acts of exporting inferior quality o..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.....The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to deal in Jute and in the matter of construction of Jute Godown and excavation of c......afide of the appellant submitting, inter alia, that the Government represented by the Deputy Commissioner filed written statement, almost admitting the case of the plaintiff and so at such belated stage, the appellants are not entitled to any relief because of the laches, negligence and irrespon......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....1 the Audit and Inspection Department made comment in a Audit Report that the petitioner took salary from both the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 h...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......esh Agricultural Development corporation Vs. Abdul Barek Dewan reported in (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed ..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....ilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980 asking the petitioner to show cause as to why the Bank should not take over the management and administration of the project of the Company under Article 34 of the Order and sell the mortgaged project, assets for realisation of its du......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......on supports the view that any of the Articles can be resorted to by the Bank and may even be combined and it is not incumbent upon the Bank to take recourse to Article 33 at the first instance before proceeding under Article 34 as contended by the learned advocate for the petitioner. Furthermore, in..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....ecution before such Special Tribunals shall be deemed to be a public prosecutor." 4. It appears from this section that provisions of the Code shall not apply to a trial under the Act if there is anything inconsistent between two statutes. The learned Counsel argues that in the Act there is no p......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......ly. This will bring about an anomalous situation, which could not have been the intention of the law makers. This court, therefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under the Special Powers Act……………..(7) Lawyer..Category: Criminal Law | Date: | Hits: 58
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....ur payment of Tk.30 lakhs by 30 April, 1988, but the petitioners made no response to the same. The High Court Division upon a scrutiny of the correspondence clearly found that there was neither any mala fide nor arbitrariness on the part of the Bank. 7. As to the contentions on the basis of......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......ssain submitted with reference to the terms of the impugned sale and the offers made by the petitioners for settlement of the outstanding dues of the Bank that there was an arbitrariness in the whole proceeding which not only destroyed the enterprise of the petitioners but at the same time failed ..Category: Banking Law | Date: | Hits: 94
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....t exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no word of finality attached to the decision of the election tribunal in the rules. Even if there was any, jurisdiction of the High Court Division under article 102, could not be limited. Judgement of t....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... tribunals and other authorities. The Union Parishad Ordinance referred to above (section 29(4)) is an illustration on the point. Even such expressions of finality were held to be not of any bar in a proceeding for certiorari in England or in exercise of the power of revision by the High Court in th..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....udgment March 8,1990. Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason what......cquitted co-accused Humayun. Thereafter Humayun invited the deceased to his house at Khalishpur. At Khalishpur the deceased reached at Humayun's house at 7 PM and remained there for some time. At one stage of the conversation they sent the victim to another room of the house of co-accused Humayun ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... as well as in the High Court Division in Writ Petition No.5890 of 2000, in terms of section 195(1)(c) of the Code of Criminal Procedure, the complainant petitioner, a private party, can not file any such criminal case under sections 471 and 467 of the Penal Code when admittedly the above Title......bagh Police Station to inquire into the allegations and for submission of report and accordingly the above petition of complaint was registered and treated as an F.I.R and the same is still in FIR stage and so there being no commencement of any criminal proceeding in terms of the above comp......ted 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 filed under section 561A of the Code of Criminal Procedure making the Rule absolute and thereby quashing the proceeding pending in the Court of Metropolitan Magistrate, Court No. 19, Dhaka out of which S..Category: Criminal Law | Date: | Hits: 39
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....wner of the Ice Cream Factory found his factory under lock and key on the same date at about 6.00/6.30 A.M. and he called the condemned prisoner who used to stay inside the factory but did not get any response. Abdul Gafur then peeped through the window of the Ice Cream Factory and found hi...... The High Court Division upon consideration found judicial confession of the condemned prisoner to be true and voluntary. The judicial confession of the condemned prisoner was not retracted at any stage. 8. It is now the settled principle of law that judicial confession if it is found to ......soner Md. Islamuddin @ Din Islam an employee of an Ice Cream Factory belonging to Abdul Gafur also used to say his prayers in the same mosque. On 04.10.2002 at about 5.00 A.M. when the deceased was proceeding towards the mosque for saying Fazor prayer, the condemned prisoner in a preplanned way ..Category: Criminal Law | Date: | Hits: 57
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....ed in quashing the entire proceeding and as such the same is illegal and the submission that the consistent decisions of the Appellate Division of the Supreme Court is against the quashment of any proceeding during investigation by the police but by ignoring the consistent view of the Ap......shment of any proceeding during investigation by the police but by ignoring the consistent view of the Appellate Division, the High Court Division most illegally quashed the proceeding at the stage of investigation. 4. We have heard Mr. Abdur Razzaque Khan, the learned Additional Att....... - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.821 of 1995 quashing the proceeding of Joydebpur P.S. Case No. 34/610 dated 31.12.1994 under sections 409/109 of the Penal C..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ted proforma respondent Nos.4-9 as arbitrator on 29.4.1985. There had been no arbitration proceeding in the suit land and that they did never appear before the arbitration proceeding nor submitted any statement or document and the Arbitrators did not serve any notice and also did not pass any aw......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ion is that they have got right, title, interest and possession in the suit land and that they never appointed proforma respondent Nos.4-9 as arbitrator on 29.4.1985. There had been no arbitration proceeding in the suit land and that they did never appear before the arbitration proceeding nor su..Category: Property Law | Date: | Hits: 41
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......aside the order of his dismissal dated 30.12.1993 passed by the respondent. The petitioner while serving as Junior Purser was placed under suspension on 05.01.1993 by respondent and a departmental proceeding was initiated against him, on 24.01.1993 for unauthorized absence. He submitted written ..Category: Employment/Service Law | Date: | Hits: 91
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