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K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... 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 ......by him at a later date for any purpose whatsoever" and further in the case of Bangladesh Agriculture Development corporation Vs. Abdul Barak Dewan the Appellate Division interpreted said rule holding that "Rule 9 of the service Rules sets a bar to a change of the date of birth of the i..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
.... 33 at the first instance before proceeding under Article 34 as contended by the learned advocate for the petitioner. Furthermore, in view of the fact that the liability as claimed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is ......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 ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....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. ...... he moved the High Court Division under sec. 561A of the Code for quashing the proceedings. The High Court Division by the impugned judgment and order dated 29 January 1990 rejected the application holding that provisions of sec. 339C of the Code would not apply to his case which is exclusively ..Category: Criminal Law | Date: | Hits: 58
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. ......The Bangladesh Shilpa Bank Order, 1972 (PO No. 129 of 1972), Article 34(1) The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the ..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. ......a making the rule absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the respondent, who was a Superintending Engineer and working as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from service by the Chief..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....ioners for the wards. In exercise of the powers conferred by section 157 of the Ordinance, the Government framed the aforesaid Rules, Part III of which provides for 'election disputes'. It is not disputed that no provision has been made either in the Ordinance or in the Rules for an appeal from ......e appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appellant void upon holding that the election at the aforesaid centre could not take place due to disturbance. 3. T..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....es were not examined, the dying declaration was not formally proved and it cannot be accepted. This objection as to the admissibility of the dying statement cannot be legally accepted as it cannot be disputed that a statement made by a person as to the cause of his death is admissible in evidence ......J; I concur with the judgment of ATM Afzal, J. ATM Afzal J. - This appeal by leave is from the Judgment and Order dated 28 July, 1987 passed by a Division Bench of the High Court Division, Dhaka upholding the conviction under section 302 of the Penal Code passed against the appellant but reduci..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... 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. ...... case under sections 471 and 467 of the Penal Code when admittedly the above Title Suit No. 171 of 1999 as well as CPSLA No.272 of 2000, are pending for hearing and none of the above courts, after holding that the above affidavit filed therein is forged, asked the Metropolitan Magistrate Court t..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......ng the same to proper court. The respondent No.1 opposed the above application by filing written objection. The learned Joint District Judge, after hearing, rejected the above application holding that the respondent No.1 was established by Act No.12 of 1997 as a commercial bank and..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....ong the language in which they are couched may be, and the same applies to undue influence and coercion". 15. The proposition of law enunciated in the reported cases can hardly be disputed or any other view can hardly be taken. In the background of the fact of the instant case t......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......at he had opted for pension and is therefore entitled to get pension and which is not being paid; that he is also entitled to get interest at the rate of 20 percent per annum for wrongful withholding of the benefit. That by an application dated 03.05.1993 the respondent amended his plaint b..Category: Employment/Service Law | Date: | Hits: 136
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. ...... is not a bar against the petitioner and as such the impugned judgment and order of the High Court Division is not tenable in law. He further submits that the High Court Division was wrong in holding that the petitioner having participated in the inquiry proceedings before the inquiry com&s..Category: Employment/Service Law | Date: | Hits: 91
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: ......ent of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate shares, on the basis of his existing shareholding in the company from the aforesaid allotted 5,35,000 shares on payment and directing the resp..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......te Commissioner was accordingly appointed and he also submitted his report. The delay caused was not intentional. 7. The trial court allowed the petition by order dated 24.02.2002 holding that since the Commissioner's fee was not deposited within 60 days as per the order of the ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......tention of the pre-emptee that even if the transaction sought to be pre-empted is considered sale but then too the pre-emptor's prayer is not maintainable since he ceased to be the co-sharer of the holding during the pendency of the Miscellaneous case by making gift of his share to the extent of ..Category: Property Law | Date: | Hits: 24
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....or the appellants and Mr. A.K.M. Shahidul Huq, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property originally belonged to Kali Das Nandi who made a Will of the s......tained the Rule and ultimately after hearing the Rule was discharged. 6. Leave was granted to consider the submission that the High Court Division failed to exercise jurisdiction in not holding that the lower appellate court committed error of law in refusing to accept the basic docu..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding that the trial court was wrong in rejecting the plaint. 8. He thereafter submits that..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......wner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and there has been separation of the holding and the parties are in enjoyment separately by constructing different structures having se..Category: Property Law | Date: | Hits: 35
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......g the appeal thereby acquitting the accused respondents of the charge under sections 409/109 of the Penal code read with Section 5(2) of Act II of 1947. 3. The facts, in brief, are that after holding enquiry in connection with E/R No. 102/87 Mohiuddin Ahmed, District And Corruption Officer..Category: Criminal Law | Date: | Hits: 35
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......to file and maintain the writ petition. 8. Dr. A. K. M. Mohammad Ali, learned Advocate appearing for the petitioner on the other hand submits that the High Court Division Committed error in holding that the petitioner described himself incorrectly and unauthorisedly as superintendent of t..Category: Constitutional Law | Date: | Hits: 139
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