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Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....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. ...... delivered possession of the two vessels to it on 5.1.89. The petitioners called in question the sale of the vessels, in the writ petition, as aforesaid raising various grounds as to violation of the provisions of the B.S.B. Order 1972 and the relevant Rules. The High Court Division, however, in a l..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... 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. ......dent's case by the Officers in the CMLA's Secretariat could not have been done if it had not the approval of the CMLA. 7. Secondly, it was contended that the High Court Division misconstrued the provisions of paragraphs 2 and 5 of the Proclamation of Withdrawal of Martial Law inasmuch as the ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... 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. ......cate for the petitioner otherwise without coming to the points raised, we can dispose of the petition by holding that it is not maintainable at all". Then the learned Judges referred to the various provisions of the Dhaka Municipal (Election of Commissioners) Rules, 1983 (hereafter referred to as ..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... respondent No.1 also had been threatening the complaint petitioner; on receiving the above complaint the learned Metropolitan Magistrate without examining the complainant, which is mandatory, sent the said complaint to the Officer-in- Charge, Sabujbagh Police Station Dhaka for in...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
.... filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of ...... dismissed the claim of the plaintiff by dismissing the suit, in such state of the matter, in our view, finding arrived at and decisions made by the Court would not be unsustainable because of the provisions of Order VI, Rule 4 of the Code of Civil Procedure as contended by the learned Coun..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....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. ...... was held to be valid. 7. Section 3 of the Arbitration Act provides that unless a different intention is expressed in the arbitration agreement if shall be deemed to include the provisions set put in the First Schedule which enacts that the arbitrators shall make their aw..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....vision in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declaration reinstatement as well as LPR benefit are set aside while the judg......of Senior Principal Officer he was placed in the scale of Tk. 1850-2375 on the National Pay Scale with effect from 1987; that he reached the highest slab of the scale in 1982; that according to the provisions of memorandum number MF/FD(IMP)3-l(G)/83/12 dated 23.01.1985 he become eligible to ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... of share certificates does not establish that the shares were issued and allotted in compliance of the formalities required under the Articles of Association or any agreement or the applicable legal provisions and that the deposit of share certificates with the Agrani Bank has not been confirmed an..Category: Business or Commercial Law | Date: | Hits: 109
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......r appellate court committed error of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into evidence violating the provisions that there is no evidence that the list Exhibit "Ka", that is census but ..Category: Property Law | Date: | Hits: 59
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....discharging the rule and thereby affirming the order No. 30 dated 30.10.2001 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 su...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......h 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 Supreme Judicial Council and the provisions of Article 96(6) of the Constitution found it difficult to support the impugned order of..Category: Others | Date: | Hits: 97
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....t was the contention that in the absence of written authority by the plaintiff No. 9 to the plaintiff No.3 who figured as PW 1 and deposed for all the plaintiffs and thus there having violation of mandatory provision of Order I, rule 12(2) of the Code of Civil Procedure the High Court Division w......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......eneral Meeting on 28-4-2003 at Hotel Sonargaon, Dhaka; there is no restriction in the Companies Act,1994 regarding the tenure of directors of a public limited company or their reelection except the provisions of section 91(2) which provides that not less than one-third of the whole number of dire..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......tely narrated the facts and circumstances and thereupon arrived at his conclusion dismissing all the petitions. 3. Having regard to the facts and circumstances of the case, the provisions of Article 31 of the Constitution, in my view, cannot be applied because of the fact that..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... be supplied, relates to the works Groups A,B,C and D of Open Stock Yard and also the Overhead Tank and in Exhibits 3, 3(ka), 3(kha) and 3(Gha) under the heading "Interpretation Claims" the following provisions were incorporated— "Schedule showing (approximately) materials to be supplied ..Category: Civil Law | Date: | Hits: 109
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ...... and involve small manufacturers in the development of shoe business and to offer to the customers good quality footwears of given specifications. 3. The respondent's case is that according to the provisions of Notification No. SRO-225-L/83/94-Excise dated 30.6.83 the Ministry of Finance and Plan..Category: Fiscal/Taxation Law | Date: | Hits: 114
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....arly at least fifteen days' time shall be given from the date of publication of the list of polling stations to the date of actual election. These two provisions of fifteen days' intervening time are mandatory. But as to change of any polling station after it was fixed and notified under Rule 6(1) a......al was given which is not an approval in the eye of law. 5. Mr. S.R. Pal, whose argument has been adopted by Mr. Syed Ishtiaq Ahmed and Mr. M. Nurullah, has contended that Rule 6, particularly the provisions in sub-rules (1A) and (1B) are meant for an election which is to be held for the first ti..Category: Election Law | Date: | Hits: 163
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... act inconsistently and the decision to release the Mill remains binding on them." 18. In Union of India Vs. Anglo Afghan Agencies AIR 1968 (SC) 718 it was observed that even assuming that the provisions relating to the issue of Trade Notices offering inducement to the prospective exporters w..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ...... High Court when Bhagwati, CJ considered— "Wherever any income is excluded from chargeability to tax either expressly or by necessary implication arising from the scheme of the Act or its provisions, exclusion operates in the computation of the total income not only for the purpose o..Category: Fiscal/Taxation Law | Date: | Hits: 111
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