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Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....bank that the advantage of the exemption of loan and payment of the reassessed amount should have been made within 6 months without fail and further held that the trial Court for the sake of securing justice rightly decided that the amount assessed by the head office of the plaintiff-bank was due fr......nancial year through the pledgement account No.2. In the year 1992-93, an amount of TK. 10, 00,000.00 was sanctioned as loan in the name of the respondent’s predecessors which was also refunded and accordingly, stock nil report No.08941 was given in the godown by the bank on 29.06.1994. Thus, the ......instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009 passed by......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...

Category: Civil Law | Date: | Hits: 55

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the High Cour......titioner, as plaintiff, filed the above mentioned Title Suit No.2 of 1984 for specific performance of contract. The plaintiff’s case, in short, was that Sarif Lokman Ahmed was the maternal uncle-in-law of the plaintiff. The plaintiff purchased 13 decimals of land of plot No.4275 of mouza Magura fr..

Category: Property Law | Date: | Hits: 51

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......itnesses were also examined in presence of the respondent No.2. He was given chance to cross examine the Company's witnesses. In the enquiry the charge against the respondent No.2 was established and accordingly he was dismissed from service after complying with all the requirement under law. 3. ...... Chowdhury J Zeenat Textile Mills Ltd. Tongi, Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The Rule is made absolute. Cases Referred to- SH Quddus & ot......Republic of Bangladesh, the respondents were asked to show cause why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the ..

Category: Labour and Industrial Law | Date: | Hits: 172

Dulal Mia Vs. State, 1991, 20 CLC (HCD)

....bail to these appellants. (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our Constituti......mabil Road and to smuggle, out the same. On receipt of that news, he along with some other police personnel Jay in ambush in Supari Ghat, Sylhet, At about 5‑00 PM he found that the loaded truck was accordingly running. When the same came near he asked the truck‑driver to stop by giving signal bu......��. Respondent & Siraj Mia .............. Appellant Vs. The State ...............Respondent Judgment February 26, 1991. Result: The appeals are allowed. Cases Referred to- 1990 BLD (AD) 190; 1983 BCR (AD) 50; 42 DLR (AD) 394; 1988 BLD (AD) 21; 20 DLR (SC) 339 &......e same which reads as follows: "35(3). Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law." But, unfortunately, in many a case, we find dereliction and also denial of the said right w..

Category: Criminal Law | Date: | Hits: 68

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

....nd for fear of life and safety she could not make any tadbir and whatsoever she made was of no result and it is prayed that the matter be inquired and investigated properly so that she can get proper justice for the murder of her husband and the named person in the First Information Report is named ...... connected or implicated in the murder of that two persons and as the police omitted to send the real culprit to trial the case ended in acquittal, Supplementary charge sheet is not barred in law and according to the learned Deputy Attorney‑General the matter was further investigated as the police.......Opposite Party Judgment August 29, 1991. Result: The Rule is discharged. Lawyers Involved: Sirajul Huq with Ahmed Ali, Advocates ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney‑General with SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Miscella......o add further material to the original one which is the pre‑requisite of a supplementary charge sheet and the said supplementary having not added anything to previous FIR cannot exist in the eye of law. He has further submitted that in the instant case there was an examination of the gun by ballis..

Category: Criminal Law | Date: | Hits: 85

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... written statement contending, inter alia, that they got the entire suit land by way of gift from their father Dinesh Chandra Bandapadhya who became the exclusive owner in possession of the same and, accordingly, by the purchase from the defendants valid title passed to the plaintiff over the entire......ndapadhya……………Defendant Petitioner Vs. Md. Salek Ali Shaik............Plaintiff Opposite Party Judgment April 3, 1991. Result: The Rule is made absolute. Cases Referred to- Dalsukharam Saheba Vs. Mulchand Ashram, AIR 1928 (Bom) 427; Injad Ali and others Vs. Mohini C......below cannot be sustained. The learned Advocate further submits that it was nobody's case that 3/4th share of the demised property was vested property but the court of appeal below committed error of law and misdirected itself in assuming jurisdiction not vested in him in presupposing that the prope..

Category: Civil Law | Date: | Hits: 76

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......ment of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of......ng upon the Respondents to show cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was re..

Category: Property Law | Date: | Hits: 64

Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)

....ore the Respondent No.1 on 20.12.84 through proper channel. Thereafter petitioner getting no reply submitted reminders time without number for disposal of the appeal but of no avail. At last he got a justice demand notice issued on 27.6.87 but it also received no response. The true copy of appeal da......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......ucation, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is entitled to relief sought for. Lawyers Involved: Zainul Abedin, Advocate ‑ For the Petitioner. Fok......Servants (Discipline and Appeal) Rules, 1983. It is further urged that respondents are silent in respect of the disposal of the appeal with a view to prevent the petitioner from seeking protection of law from Administrative Tribunal thereby violating Article 31 of the Bangladesh Constitution in the ..

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......la Parishad was never designated as an administrative unit for the purpose of Article 59 of the Constitution. Even if such unit is there the legislature has the authority to change the same by law according to the policy of the Government for the time being. Articles 11, 59 and 60 of the Constit......), Government of Bangladesh, Bangladesh Secretariat, Dhaka and others……………………..Respondents Judgment December 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, A......ules call in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal) Ordinance, 1991 (Ordinance No.37 of 1991). 2. As common question of law and facts are involved, these Rules have been heard together and are being disposed of by this ..

Category: Constitutional Law | Date: | Hits: 461

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

.... and as the Appellate Division allowed return of plaint in an Admiralty Suit under section 151 read with sections 117 and 141 of the Code of Civil Procedure in the above judgment, I feel that ends of justice will be met if the plaintiff in the present suit is allowed to take back the plaint with lib......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......�…….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queensland Insurance. Co., 16 DLR (SC) 61; Sadharan Bima Corp......se the plaintiff insurance corporation being subrogee is entitled to file the suit under the Admiralty Court Act, 1861, as the right as well as remedy gets transferred to the subrogee by operation of law. 5. The plaintiff being subrogee has invoked the jurisdiction of this Court under Admiralty C..

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)

....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......The learned Deputy Attorney‑General has drawn our attention to a report of the Assistant Police Super. City Special Branch (Annexure 2 of the supplementary affidavit filed by the respondents) which according to him is an important material in support of the grounds supplied to the detenu. From the......................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Petition No. 2631 of 1991. Judgment Abdul Jali......rintendent of Dhaka Central Jail, Dhaka to show cause why the detenu Mahbubur Rahman should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The Secretary, Ministry of Home Affairs was directe..

Category: Criminal Law | Date: | Hits: 81

Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)

....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......�…………………………………………….........Respondent Judgment May 19, 2011. Result: The leave petition is dismissed. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Yusuf Hossain Hu......red for the respondent. 8. Mr. Karunarnoy Chakma, the learned Deputy Attorney General has mainly argued that this petitioner was dismissed from service following all the procedures of the relevant law and that she was given all opportunities also to defend herself and there was no defect in the e..

Category: Administrative Law | Date: | Hits: 210

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....g to the plaintiffs from acquisition and has also ordered for gazette notification of the same. The learned Advocate has submitted that in the circumstances the Appellate Division, for doing complete justice under Article 104 of the Constitution, can take into consideration this fact of release of t......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......mad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The Chief Engineer, Housing and Settlement, Directorate of Housing and Settlement, Segun Bagicha, Dhaka and others ........................................No.1606 of 2001 and obtained the Rule. A Single Bench of the High Court Division, on hearing the learned Advocate for the appellant-petitioner and considering the facts and circumstances and relevant laws, made the Rule absolute making observations to the effect that the suit land was admittedly acq..

Category: Property Law | Date: | Hits: 65

S. M. Zakir Hossain Vs. Bangladesh represented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....d on proper appreciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ......nts for the post of Principal. The Selection Committee took interview on 23.10.2006. Of the six candidates, four appeared before the Selection Committee. The petitioner secured the highest number and accordingly, selection committee recommended the petitioner for appointment as the Principal of Ab......For the Petitioner. Mohammad Shah Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 4. Not represented-Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No.343 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court ......�fully performed his functions as the Principal for about 26 years. There were two selection committees. The 1st selection committee was formed on 17.4.2006 comprising 4 members in violation of the law of the National University. The 1st selection committee selected the petitioner as the Princip..

Category: Employment/Service Law | Date: | Hits: 108

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......laint. The case of the plaintiff, in short, was that the suit land belonged to the defendant and the defendant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consideration money, executed the k......rata Chowdhury, Advocate instructed by Md. Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Cour......eness of the kabala in question. However, both the appellate court and the revisional court rightly opined that as the signatures of the kabala in question are admitted by the defendant as of his own law put heavy burden on him to prove the circumstances under which he put these signatures. Both the..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mosammat Moslema Khatoon .................................................Petitioner Vs. Most. Rasheda Khatoon and......e suit was decreed on contest and the Advocate Commissioner partitioned the property and prepared the saham after serving notices upon the defendants duly and the preliminary decree was made final lawfully as no objection was filed against the Advocate Commissioner's report and that the final d..

Category: Property Law | Date: | Hits: 80

Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)

....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......nd also heard the learned Advocate appearing for the petitioner. 9. The petitioner has been served with a show cause notice dated 24.7.1985 for allegedly furnishing a false medical certificate and accordingly he was asked for an explanation. The petitioner made due reply thereof within the specif......l Islam, Advocate ‑ For the Petitioner. No one ‑ For the Respondents. Writ Petition No. 447 of 1986. Judgment Qazi Shafiuddin J.-This Rule Nisi was issued calling upon the respondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, D......isi was issued calling upon the respondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was..

Category: Labour and Industrial Law | Date: | Hits: 148

Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....o state the offence or those particulars, shall be considered at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice." Section 535 of the Code is to the effect that no finding or sentence pronounced or passed ......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......��…………………………. Appellant Vs. State ………………………………….Respondent Judgment November 20,1991. Result: The appeal is allowed. Cases Referred to- Daud Ali @ Daud Hossain Vs. State, 27 DLR 251;Kazi Ibrahim @ Ibrahim Vs. State, 41 DLR 524; A......e instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided in law. We would endorse this view of the learned Single Bench Judge of the High Court. 16. Now we a..

Category: Criminal Law | Date: | Hits: 85

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......………………….……Petitioner Vs. Joynal Abedin and others.....................Opposite Parties Judgment January 22, 1992. Result: The Rule is discharged. Cases Referred to- Syedul Haque Sowdagar Vs. Abul Kashem Chowdhury & Ors., 38 DLR 14; Kazi Mobarak Ali Vs. M......ding so dismissed the Misc. Case. But to meet the grievance of the present petitioner the learned Subordinate Judge assumed the role of the petitioner by putting valuation which is not permissible in law. 5. Mr. Syed Mahmud Hossain submits that the Rule is liable to be discharged on the ground th..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)

.... the work at his own cost, the award was without jurisdiction and a nullity and so the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in making the award a rule of court. In this connection Mr. Abdul Quiyum, learned Deputy Att......cate Ltd. fell in the river on 10-5-93 and that it was subsequently restored by the contractor at his own cost and the supplementary tender submitted by the contractor was approved by the authorities according to rules. This shows that not only there was no objection to the additional cost incurred ......ent of Bangladesh …………………Petitioner Vs. Syndicate Limited………………..Opposite Party Judgment August 26, 1998. Result: The Rule is discharged. Cases Referred to- Hashmat Ali Janwidar & others Vs. Asmat Ali Jamadar, 6 DLR 478; Messrs R Sim & Co Vs.......work and being liable to make necessary repair, rejoin or restore the work at his own cost, the award was without jurisdiction and a nullity and so the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in making the award a rule ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

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