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Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Judgment July, 4th 1993. ......on in all centres was held peacefully a matter over which there was hardly any dispute. But the Tribunal found that the main ground taken in the Election petition is that counting of votes was not properly made and that a verbal prayer for recounting of the ballot papers was made before the Pres..Category: Election Law | Date: | Hits: 119
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment January 18, 1994. ......bazar and 2) the petitioner, Managing Director, The Clevedon Tea Co. Ltd. 67, Motijheel Commercial Area, Dhaka-1000. 3. Petitioner in his petition for returning the plaint for presentation to the proper Court, inter alia, alleged that the Court at Moulvibazar has no jurisdiction to entertain the..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- Fo......l from service when the authority had decided not to keep him in service apparently because he had lost their confidence which is so essential in a financial institution. Compulsory retirement is the proper penalty …………..(16) Lawyers Involved: Asrarul Hossain, Senior Advocate, instruct..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......onferred by sub‑section 2 of section 439A has been negatived by sub-section (4) of section 439. The conflict arising out of the amendments seems to be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amen..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M......ave; the appeal was allowed and the High Court Division's order was set aside on the ground that it exceeded its inherent jurisdiction as the Magistrate's final order as to possession was based on proper consideration of evidence and that there was no scope for the High Court Division to exercis..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ct Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The ge......tudents. The plaintiff did not agree to make any reduction in the price taking the ground that even after delivery of the cars the plaintiff would be required to render free service to those cars for proper maintenance for several years. The defendant, however, unilaterally reduced the price of each..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
.... Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioner in both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For th......lpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972) against the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....sion (Civil) Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48......ers as a mere camouflage for invoking the writ jurisdiction. Dr. Kamal Hossain and the learned Additional Attorney‑General have also questioned the maintainability of the writ petitions saying that proper forum for redress of the grievances, if any, of the writ petitioners is the Administrative Tr..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....s also Reported in: 46 DLR (AD) (1994) 13. ......ufficient cause for not preferring the appeal within such period. Order XLI rule 9(1) of the Code of Civil Procedure provides that where a memorandum of appeal is admitted, the Appellate Court or the proper Officer of that Court shall endorse thereof the date of presentation and shall register the ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nas......hip. Neither personal law nor Majority Act is at all relevant in a case like the present one. The only statute which will hold the field is the Penal Code (Act XLV of 1860) and for application of the proper section, the allegations made in a particular case will be relevant. If the allegations are t..Category: Criminal Law | Date: | Hits: 68
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
.... ...... 8, 2002 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitati..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....eme Court Appellate Division (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others..............ess in respect of the management and the financial aspect of the company although the respondents gave personal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the loan taken by the respondent company. In the meantime, the A..Category: Business or Commercial Law | Date: | Hits: 86
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....azlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment February 5, 2005. The Speci......cts mentioned therein are apparent on the face of the plaint. It is true that the grounds set forth in the rule for rejection of the plaint are not exhaustive and the Court has jurisdiction, in proper cases, to reject the plaint on grounds other than those in rule 11. But before punishing th..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank…………………….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In case......n Officer of the Bangladesh Audit Department authorised in this behalf by the Account General clearly unless the Finance Minister, after consultation with Accountant General otherwise directs in a proper case; no money can be withdrawn from the Account of the Government without an authority as c..Category: Civil Law | Date: | Hits: 104
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
.... Ed. ......cable, in the circumstances. It cannot be said that the tenants holding lands contiguous to the lands transferred are not necessary parties as they are persons whose presence is necessary for the proper constitution of the pre-emption application. Order I, rule 9 of the Code does not apply w..Category: Property Law | Date: | Hits: 64
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co......igh Court Division while disposing of the second Appeal is confined strictly to questions of law and he is bound to accept the lower Appellate Court’s finding of fact if the same is based on proper evidence……….(11) There is nothing in the judgment of the High Co..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others...............at the whereabouts of the allottee, Sk. Shamsuddin, was not known since the War of Liberation and he ceased to occupy, manage and supervise the house in question rendering the same as an abandoned property vested with the government. The government has been in possession of the house through dif..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent No. 1 (Civil Appeal Nos. 383, 385-387 of 2003) and Respondent No. 10. (Civil Appeal Nos. 384 of 2003). Not represented—Respondent Nos. 2-5 (Ci...... may, subject to the Act and regulation, exercise powers that are necessary to perform the functions and duties under section 30, inter alia, subject to payment of fees specified by the Commission in proper cases to issue licence for establishing or operating telecommunication system, or providing..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others.......g assigned therefor illegally reversed the judgment of the trial Court and that the learned Judge of the High Court Division wrongly upheld the judgment of the lower appellate Court which is not a proper judgment of reversal in accordance with law. The learned Advocate further submits that the l..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others............. 4 of 1996 decreeing the suit. 2. 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 Messrs Kaknorak Company which used to deal in jute in the matter of constructi..Category: Property Law | Date: | Hits: 66