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Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
.... relief sought in the petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of other relevant considerations. 20. We consider that where matters of public revenue are concerned......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. 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 cost. Ed. ...... Certificate, that no 'panchayat' was held in the month of Sraban, 1374 BS, that on 9th Bhadra, 1374 BS he and his nephew in the absence of the plaintiff did not take away the kabala and the other papers from his house, that as he did not take away any kabala from the house of the plaintiff the ......esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co......rit. 16. 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 cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....of discharging the obligation of payment of dower debt. 10. For our purpose provision of section 96(1) of the State Acquisition and Tenancy Act, where-under Miscellaneous case was filed, is relevant. The said provision reads as: "96(1): If a portion or share of a holdi...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......7) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....id, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ...... 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......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... from the respondent No. 1 and 3 by mortgaging the case land and in turn executed an Ekrarnama on the same date of kabala dated 28th October, 1979. The value of the land would be Taka 20,000 at the relevant period. During the pendency of the pre-emption proceeding the respondent Nos. 1 and 3 re-......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... 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.......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 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. ......aka 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. ......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.............ment but the added defendant-appellant preferred appeal before the District Judge and did not take advantage of the opportunity available to him for submitting the case of the appellant and produce documents in support of the claim at least as additional evidence under Order XLI, rule 27 of the C..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....of the order. By order dated 21-5-1998 the High Court Division again directed the Customs Authority to deliver 320 tolas of gold to the respondent seized from him on payment of customs duty as per relevant Rules within one week from the date of receipt of the copy of the order, failing which the......Assistant Attorney-General for the appellant and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent and perused the impugned orders of the High Court Division and other connected papers 6. The learned Assistant Attorney-General submitted that 320 tolas of gold are subj......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......Advocate-on-Record for the appellants and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 7. It is not disputed that the respondent while working as Thana/Upazilla Planning ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.............icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ion. The learned Additional Attorney-General further submitted that the Government in exercise of its revisional power having set aside the order of the appellate authority on 28-1-1988 considering relevant papers of the vessel in respect of the goods and not only upon the Map prepared by the Na......earned Additional Attorney-General further submitted that the Government in exercise of its revisional power having set aside the order of the appellate authority on 28-1-1988 considering relevant papers of the vessel in respect of the goods and not only upon the Map prepared by the Navel author...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..............................sed on them for smuggling. The Captain and the crew members replied to the show cause notice denying all the allegations stating that as per instructions of the owner they loaded cargoes with valid documents for different ports and sailed for Colombo via Chittagong. The Collector of Customs aft..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....Nirbahi Officer, Nabigonj, a photo copy of which is annexed as Annexure-G. Even though respondent No.1 was appraised about Annexure-G, he did not pay any heed. Subsequently, it came to light that the relevant file could not be traced out and in the meanwhile respondent No. 2 (the UNO) started a resu......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....of contradicting statements. It is first to be seen whether the alleged statement is a discrepant statement or a contradictory statement. The discrepant statement is one, which is either irrelevant or incoherent, but it is not irreconcilable. A discrepant statement is not fatal to the c......ouse after 8/10 days of the incident, the victim used to write diary, he did not give any diary to the police, police seized the diary, the news regarding killing of the victim appeared in the newspapers at intervals, he did not remember whether the dowry matter came in the newspaper. He denied ...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respondent Judgment......he writ petition before the High Court Division which discharged the Rule upon finding, inter alia, that the appellant had filed only the photocopy of the lease deed of Abdul Hafiz and no other basic documents. The certified copy of the original deed was obtained on 22-8-78. He also did not file the..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ose of carrying into effect the provisions of the Act. Such rules were first framed in 1921 and were amended from time to time but there is nothing either in the Act or in the rules in force at the relevant time providing for the issuance of no objection certificate. 7. The Rules framed......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ned Counsel for the appellant and Mr Fida M Kamal, the learned Additional Attorney-General for the respondents and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. It is undisputed that the appellant was appointed as project director by o...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......8209;deeds are Nos. 3575, 3576 and 3577, all bearing the dates of execution and registration. PW 6, Fingerprint Expert, stated that he had received these very Sale-deeds along with other connected papers from the Court of Assistant Sessions Judge, that he had put different marks of identificatio......immediately. Ed. ...... Left Thumb Impressions (LTI's) of the purported executants; he also obtained three other registered Sale‑deeds containing admitted and standard LTI's of these executants and forwarded these documents to the CID, Dhaka for examination and report by the Fingerprint and Handwriting Experts. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....e attributed to the Government. But question of intention of the law making authority, whether the President in the case of an Ordinance, or the Parliament in the case of enacting a legislation, is irrelevant if they got power to make Ordinance or Act on a given subject. This position of law is also...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....share certificates with the Bank with an authority to sell them for the purpose of liquidating part of his liability with the Bank. We do not see how sub‑section (2) as quoted above is at all relevant in the facts of the pre‑sent case. 13. Similarly we are completely at a loss......he aforesaid shares of the judgment-debtor No. 2 Khondkar Mahtabuddin Ahmed which were lying with the UCBL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order of attachment and also for stay of......J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Law......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....ed the Court could itself call for the same which were Court's records and that at any rate the prosecution should have been given an opportunity to bring them or to examine some witnesses from the relevant Court. 5. The central question at the trial was whether the impugned sale cer......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....uiry Commission appointed under clause (2) may require any officer or authority of the University to furnish it with such papers or information as are, in the opinion of the Enquiry Commission, relevant to the matter under enquiry, and such officer or authority shall be bound to comply with ......ion and resolution of the Syndicate as he may think fit. (4) An Enquiry Commission appointed under clause (2) may require any officer or authority of the University to furnish it with such papers or information as are, in the opinion of the Enquiry Commission, relevant to the matter und...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Controller of Examinations, University of Dhaka and others………………Appellants (In both the appeals) vs. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....spondent‑University again asked the appellant for further negotiation the representative of the appellant attended the 87th meeting of the P & D Committee of the University held on 11.1.87, the relevant proceedings of which are as follows: "সিদ্ধান্তঃ- পরিকল......on that the Arbitrator's figure was arrived at on an imaginary, fictitious and unfounded calculations. 27. It is true that neither the contractor nor the University maintained any documents or papers showing the actual quantity of earth already cut by the contractor but it is precisely for th......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o......the arbitration proceedings and announced his award on 20.5.89. It was an exhaustive proceeding in which statement of claim and written objection were filed, witnesses were examined and a plethora of documents were submitted by both sides. 17. The Arbitrator of the 87th meeting of P & D C..Category: Alternative Dispute Resolution | Date: | Hits: 202
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