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Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... Parishad was held peacefully in all Centres on 1-12-1997 except in the centre in Aloka Government Primary School Centre in Ward No.7 where the appellant with his unruly followers took away ballot papers as well as seals and put the seals in appellant’s ballot symbol ‘Anaros’ (......d. Ruhul Amin J Md. Fazlul Karim J Mozibur Rahman Moznu (Md)...........................Appellant Vs. Abdul Halim and others......................................... Respondents Judgment ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....titioner is directed against the judgment and order passed by a Company Court of the High Court Division in Matter No. 34 of 1990 on 31- 1-1995. 2. The short and material fact relevant for disposal of this petition is that Mr. Nur Mohammad petitioner filed an application und......spondent No. 2 Abu Taher persuaded the petitioner for better management of the company to sign some blank letter-heads on the petitioner’s trading company. After obtaining signature on blank papers from different shareholders of the company respondent No. 2 and 3 started acting arbitrarily......nbsp; Abu Taher......................... Petitioner Vs. Nur Muhammad and others....................Respondents Judgment Januar...... The Companies Act, 1913 (VII of 1913), Section 38 In the absence of any definite statement from the respondent about the delivery of the share certificate, and in view of the documents on record admitting that the share certificate was not delivered to the company or to res..Category: Business or Commercial Law | Date: | Hits: 97
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....ial plots by large number of city dwellers and therefore there was no illegality in altering the layout plan in such manner. The High Court Division did not accept this contention and examined the relevant provisions of the Town Improvement Act, 1953 under which RAJUK was constituted. &...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Rajdhani Unnayan Kartipakhya and another.................... Appellants Vs. Moh...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....he High Court Division passed in Civil Revision No. 2786 of 1996 making the Rule absolute. 2. Plaintiff filed Other Suit No. 53 of 1996 for declaration and permanent injunction stating that at the relevant time he was AGM of the respondent Pubali Bank a Public Limited Company and not of a Nationa......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......t: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Khair (Md)................................ .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedu......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
.... Taxes with effect from 5-8-74 and in the post of Deputy Commissioner of Taxes with effect from 31-10-77 over his junior respondent No. 2. Thereafter, the National Board of Revenue again on some irrelevant considerations referred the matter to the Ministry of Establishment. Subsequently, the Min......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ...... Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners Vs. Nurul Haque Miah and another.............. Respondents Judgment December 8,......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
.... 5. It appears that the High Court Division found that respondent Nos. 1-6 produced original deeds and papers relating to the disputed property before the Court of Settlement and the same is. a relevant fact and makes the fact of purchasing the property by those respondents highly probable an......nt to have been made without any lawful authority and of no legal effect. 5. It appears that the High Court Division found that respondent Nos. 1-6 produced original deeds and papers relating to the disputed property before the Court of Settlement and the same is. a relevant...... Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh....................... Petitioner Vs. Amela Khatoon and ors............................... Respondents Judgment ......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ..Category: Property Law | Date: | Hits: 69
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....gulated by Regulations 12 and 15, respectively, of the Regulations (Bangladesh Biman Corporation Employees (Service) Regulations 1979). At the present for our purpose clause (1) of Regulation 12 is relevant and the same is: 12. Promotion.- (1) An employee of the Corporation will be ...... point involved in the instant case. The Corporation by Organisation Order 13 of 1995 has not introduced separate seniority list of the different shops of GSE Department, rather it is seen from the papers placed before this court that maintaining of separate seniority list of the personnel of thr...... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Bangladesh Biman Corporation and others................Appellants Vs. Md Tipu Sultan &......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....ive convenience, as far as practicable were taken into consideration. 6. The learned Judges of the High Court Division on consideration of materials on record and examining the relevant file of the office of the Thana Nirbahi Officer Lalmohan, in the first writ petition found......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. ......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......, in total 54 marks, 66 marks being the pass mark. 10 marks were given by the Board as general grace and therefore he fell short of only 2 marks to pass. He applied for scrutiny of the two English papers and by Memo dated 17.1.94 the petitioner No. 2 conveyed the, decision of the Examination Com...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....t Delegate but finally the suit was transferred to the Subordinate Judge. In this proceeding the Will of one Khentamani, widow of Panchu, was under consideration. All the facts of the case are not relevant but the relevant paragraph in this judgment reads thus: “Another aspect...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......164 ......the instant case the proceeding has become contentious because of the caveat filed by Gopal Ghose, the District Delegate should have stopped the proceeding and returned the petition along with the documents to the applicants for presentation of the same before the District Judge or alternatively..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....nly one appeal to the higher administrative authority and thus misled itself in holding further that the appellant having filed a second appeal to the Government which was dismissed on 14.9.1989, the relevant date for counting limitation would be 21.10.1988 when the Inspector General of Police dismi......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ...... Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result: The Appeal is......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....to have tagged Tide Suit with the Miscellaneous case and ought to have finally disposed of the Miscellaneous case. That having not been done the question of multiplicity of proceedings is not very relevant in this case. Consequently, the appeal is allowed without any order as to cost and ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....he respondent intimated the appellant about any change of permanent address for purposes of official communication to him in respect of his service matter. He may have been staying at Magura at the relevant time to the knowledge of the appellant but for purposes of sending a show cause notice co......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......l) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &nbs......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Special Reference No. 1 of 1995, 24 CLC (AD)
....on notice on the killings in Hebron, there was uproar over a part of the statement made by the then Information Minister and the Deputy Leader of the House requested the Deputy Speaker to expunge the relevant part of the statement from the proceedings of the House and the Information Minister himsel...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....he custody of the prisoner must specify the case of detention and discharge the burden of proof in lawful justification of the detention. The detaining authority making return to the rule is to place relevant facts before the court. Where the respondents do not file any return, as in this case, the ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers In......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....t to institute the suit within 3 months of the repudiation of the policy which he did. The claim is not time‑barred in any manner, it held. The trial Court's decree was upheld. 9. The relevant provision of condition No 13 of the fire Policy is as follows: "3. If t......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15......nder the policy it is liable to be dismissed." 4. The plaintiff examined witnesses including himself and the appellant also examined 4 witnesses. Both sides brought on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No......ner could not be less than 16 years. He also noticed that there was sign of interpolation in the registration card and the certificate issued from the school. Therefore, he could not rely upon the documents produced by the petitioner. 4. The High Court Division in rejecting the revisional..Category: Criminal Law | Date: | Hits: 66
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....to his wife's character was really unfounded and further, whether if there be any material to support the suspicion of the accused, the fact that he was nursing a grievance against his wife at the relevant time could be taken into consideration as a mitigating circumstance in reducing the senten......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......ellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Appeal No.1 of 1994 (From the Judgment and Order dated 11 January 1994 passed by the High Court Division, Dhaka in Death Reference No. 2 o......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....ses that apart from the provisions of section 21 of the General Clauses Act, locus poenitentiae, i.e., the power of receding till a decisive step is taken, is available to the Government or the relevant authorities. In fact, the existence of such a power is necessary in the case of all autho......f Bangladesh, and other Ministries like respondent No. 1 have been debarred from doing so as per Government Circular No.UNI‑3/1‑11/88‑722 dated 28 August 1988. 7. From the papers filed by the appellant it appears that the Circular dated 28 August 1988 was modified by Not...... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....he proviso, Mr. Farooqui submits. To support his submission, he referred to Lord Denning in Seaford Court Estates Lid. Vs. Asher [1949] 2 K B 481 as quoted in his book 'The Discipline of Law'. The relevant passage reads: "A judge, believing himself to be fettered by ......an agreement on 19.1.1971 with the appellant for sale of the said property at a consideration of Taka 12,000.00 of which he received Taka 11,500.00 and upon which he delivered all the documents and papers to the appellant with an assurance to execute and register a proper deed of conveyance afte...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila...... entered into an agreement on 19.1.1971 with the appellant for sale of the said property at a consideration of Taka 12,000.00 of which he received Taka 11,500.00 and upon which he delivered all the documents and papers to the appellant with an assurance to execute and register a proper deed of co..Category: Property Law | Date: | Hits: 86
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