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Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....t Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-one by Bangl......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhak......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) And Civil Petition for Leave to Appeal No.50 of 2006 (From the judgment and order dated 31.08.2005 passed by ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ing the plaint of Small Causes Suit No.21 of 1988 under Order III rule 1, Order VI rule 14 and Order VII rule II of the Code of Civil Procedure. 2. Messers Anath Bandhu Guha and Sons Limited, a Bangladeshi Company having its principal office at Mymensingh, through its constituted attorney Md......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......tamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat & others.....………......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... valid. Even if election of members is separately published in the gazettes no purpose will be served as because chairman has not been declared elected. There should be no piecemeal Notification, one for Chairman and another one or two for the members. The impugned Notification is liable to be set a......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, represented by its Chairman & others.....…Res......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. ...... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ......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. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit against defendant No.1 and decreed it for Tk. 40,000/- against defendant No.2. 5. The appellant's suit for specific performance of cont...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....situation in the locality deteriorated he left the area for the time being and could not take care of the property, that defendant Nos. 1 and 2 having no right, title and interest since liberation of Bangladesh occupied the land described in schedule 'B' and when plaintiff asked them to vacate the l......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....tion for the purpose. 2. The plaintiff filed the suit for declaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusive importer of Birla Tyres for Bangladesh on the basis of their appointment letters and contracts/ agreements made with them until...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......orary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was 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 a...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....ll stand dismissed. Ed. ......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. ......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 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 ......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)
....................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawye...... 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 ....... Zahirul Islam, Advocate-on-Record- For the Appellant. Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 6. Not represented- For Respondent Nos. 1-5. Civil Petition for Leave to Appeal No. 1008 of 2003 Judgment: &...... 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 ..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment Ma......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 ......The Constitution of Bangladesh, 1972, Articles 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in t......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
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment July 10, ......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. ......ly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have n......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. ..Category: Banking Law | Date: | Hits: 94
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
.............Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, ....... 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. ...... is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election trib....... 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. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....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. ......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. ......ction 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 whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand......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
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....ry J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent ......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. ...... Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the petitioners. Not represented-Respondents Civil Petition for Leave to Appeal No. 1180 of 2004. Judgment: ......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. ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....sts. Ed. ......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. ......was 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......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
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....ent and perused the judgment of the High Court Division and other connected papers. 5. The admitted facts are that the respondent as Managing Director of Engineers and Consultants (Bangladesh) Ltd. (ECBL) got the work of consultancy services for the project of construction o......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......994 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Md. Golam Mostafa, District Anti-Corruption Officer, Gazipur lodged first information report with Joydebpur Police Station alleging, inter alia, that accused Latif Newaz Wali......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
.... Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, P......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. ...... Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1824 of 2002 Judgment ......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. ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....1988 he was punished; that he was not fit to be favored with time scale; that he is not entitled to bonus claimed for in view of letter of the Ministry of the Finance dated 12.11.1974 and letter of Bangladesh bank dated 30.05.1975 and 17.09.1977; that according to the rules, benefit of leave pre......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. ......ate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the respondent. Civil Petition for leave to Appeal No. 1812 of 2002 Judgment &n......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. ..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....ir Husain CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Amirul Kabir Chowdhury J A.K.M. Farooq………………Appellant Vs. Bangladesh Biman Corporation & another………..Respondent Judgment ...... 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. ......ellip;…..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Record -For the Respondents. C...... 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. ..Category: Employment/Service Law | Date: | Hits: 91
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