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Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....sh;For the Petitioner. Not represented—The Respondents.   Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997 passed by the High Court Division in Civil Revision No. 3179 of 1993). ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....ord—For the Petitioners.   Nor represented—The Respondents   Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed by the High Court Division in Writ Petition No. 362 of 1987). Judg......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ..

Category: Property Law | Date: | Hits: 43

AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....he Petitioner.   Not represented—The Respondents.   Civil Petition for Leave to Appeal No. 265 of 1997.   (From the judgment and order dated 6-1-1997 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No.5 of 199......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ..

Category: Administrative Law | Date: | Hits: 104

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....d- For Respondent Nos.1-5.   Not represented- Respondent No.6.      Civil Petition for Leave to Appeal No.450 Of 2005 (From the judgment and order dated 27.01.2004 passed by the High Court Division in Civil Revision No. 6467 of 2002) Judg......espondent denying material statements made in the plaint. It was stated that so long the plaintiff rendered satisfactory services he was treated as such by bank and was promoted accordingly but in breach of the rules, regulations, standing orders and instructions of the bank he issued pay order ..

Category: Employment/Service Law | Date: | Hits: 78

M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)

.... Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by the High Court Division in Writ Petition No. 4063 of 2000). Judgm......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 120

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....For the Appellants. Md. Nawab Ali, Advocate-on-record- For Respondent No. 1. Not represented-For Respondent Nos. 2 & 3. Civil Appeal No. 211 of 2000. (From the Judgment and Order dated May 28, 1998 passed by the High Court Division in Civil Revision No. 364 of 1996) Judgment......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....sp;    T.H. Khan, Senior Advocate, instructed by Khaled Ahmed, Advocate-on Record- For the Respondent Civil Appeal No.283 of 2002 (From the judgment and order dated 301 November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 1 of 2000). ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....te, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants.     Ex parte- For the Respondents.  Criminal Appeal No. 35 of 2000   (From the judgment and order dated 8th March 2000 passed by the High Court Division in Criminal Miscellaneous Case No.2154 of 200......g Director and Director of the Company not depositing the remittance with the account of the company but depositing the same to their own account do not constitute an offence of Cheating and Criminal breach of trust. The proceeding is accordingly quashed……..(9, 10 & 11)  Cases Referr..

Category: Criminal Law | Date: | Hits: 50

Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)

....e-on-Record—For the Appellant. Not represented-The Respondent. Civil   Appeal   No. 79   of   1977. (From the judgment and order dated 31 5.1973 passed by the High Court Division in Income Tax Reference Case No. 7 of 1970). ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

....dash;For the Appellant M. H. Khandker, instructed by B, C. Panday, Advocate-on-Record—For the Respon­dent. Civil Appeal No. 3-D of 1971. (From the Judgment and Order dated 29th Novem­ber, 1968 of the High Court of East Pakistan in Civil Rule Nos. 1286 and 1313...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....n-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 1969) ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....eputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No 19 of 1979. (From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal Revi­sion No. 152 of 1974). Judgment......oned in the original com­plaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

.... A. Wadud Miah, Advocate-on-Record—For Respondent No. 7 in C.A. 74 of 1974. S. R. Pal, Senior Advocate—Amicus Curiae. Civil Appeal Nos. 31 to 77 of 1974. (From the judgment and order dated 26-7-74 passed by the High Court Division in Writ Petition Nos, 85, 96, 100, 109, 111, 113, 12......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..

Category: Property Law | Date: | Hits: 85

M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)

.... Attorney-General, instructed by B. Hossain, Advocate-on-Record—For Respondent No. 6. Not Represented—For Respondent Nos. 3-5. Civil Appeal No. 148 of 1979. (From the Judgment and order dated the 15th Octo­ber, 1979 passed by the High Court Division in Civil Revision No. 1195 of 1979)......his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a con­tract the performance of which would not be specifically enforced………….(8) ..

Category: Others | Date: | Hits: 94

Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)

....ddl. Attorney-General, with Matiur Rahman, Asst. Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Respondents. Civil Appeal No. 9 of 1980. (From the Judgment and Order dated 13.12.1979 passed by the High Court Division in Writ Petition No. 296 of 1978) Judgment: ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..

Category: Constitutional Law | Date: | Hits: 157

Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)

....rd...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. 4—22. Civil appeal No. 60 of 1979. (From the Judgment and Order dated 18-7-78 passed by the High Court Division in Civil Revision Case No. 1062 of 1965.) Judgmen......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..

Category: Property Law | Date: | Hits: 57

Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)

....¦â€¦.(4) The last Court of fact held that summons was fraudulently suppressed and not this was not reversed by the High Court Division. Once fraud is established, limitation will run only from the date when the fraud is detected. If fraud is proved then there is no question of limitation………......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..

Category: Property Law | Date: | Hits: 69

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....s. Md. Fazlul Karim, Advocate, instructed by S. M. Huq Advocate-on-Record.—For the Respondent in all the appeals. Civil Appeal No. 120—D to 122—D of 1969. (From the judgment and Order dated 14-10-1969 passed by the Dacca High Court in applications No. 1, 11 and 12 of 1969 under secti......e trust. He must devote income earmarked by the do­nor for the purpose of the trust. The trus­tee has no discretion and failure on his part to carry out the direction of the donor will amount to a breach of duty and on some occasion, a breach of trust. If the Mutwalli or trustee has set apart or ..

Category: Trust/Waqf Law | Date: | Hits: 239

State, People's Re­public of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

....22) Order under any Martial Law Regulations are immune from all attacks before any Court including the Supreme Court. Proclamation (Amendment) Order, 1977 (P.O. I of 1977) Validated all orders passed by the President or Chief Martial Law Administrator- Therefore vires of clau...... person who was none but then Chief Justice of Bangladesh", According to the learned Judges the Martial Law had come not for destroying the legal order, but to supplement it where there has been some breaches, and, as such, they have not accep­ted the argument that the Martial Law as supra constitu..

Category: Criminal Law | Date: | Hits: 294

Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)

.... an accused in Motijheel P. S. Case No. 70 of 1978 filed the aforesaid writ petition challenging the legality of the order of the Chief Martial Law Admi­nistrator published in Gazette Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..

Category: Criminal Law | Date: | Hits: 58