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Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......ng shortfall in the stock of goods pledge to the Bank by the borrowers, (iii) negligence of duties and (iv) committing other misconducts, that all charges were duly inquired into in accordance with law and service Rules and that on the basis of the enquiry report Respondent No. 2 was dismissed w..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....xure-L and further their being no explanation as to why the original deed of conveyance could not be filed, such certified copy is not admissible in evidence for non compliance of the relevant provisions of the Evidence Act in this regard and further Annexure-L is merely a deed of agreement......h Civil Appeal Nos. 97 and 98 of 1997 on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ ..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....cused-petitioners issued cheque and the same was presented for encashment to the Bank on different dates but cheque was returned with the endorsement "fund insufficient" and after as per provision of section 138 of the Negotiable Instrument Act notice as required by law was issued upon...... Bank on different dates but cheque was returned with the endorsement "fund insufficient" and after as per provision of section 138 of the Negotiable Instrument Act notice as required by law was issued upon the accuseds. The High Court Division further held that when the case was taken..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....ct to the fulfillment of the terms and conditions specified in the Public Notice dated October 3, 1984. 12. Mr. A. Hannan, who does not normally deal in sugar, having had seen the attractive provision in the public notice opened Letter of Credit on October 31, 1984 for import of 500 metri...... at US$ 1418 per metric ton, the direction given by the Custom authority for declaring the tariff value at US$ 1800 per metric ton in the light of the SRO dated October 28, 1993 illegal and without lawful authority, since the said SRO cannot be effected retrospectively and thereby deprive the res..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
.... on record. 8. The learned Counsel for the petitioners submits that the High Court Division did not apply its mind to the facts of the case and as such misconceived the law in regard to the provisions of appeal to the Chancellor and wrongly made the Rule absolute. He further submits that...... BSS (Honours) course, but since his original admission was a fake one, he cannot take any benefit out of the that examinations and accordingly the highest authority of the University of Dhaka has lawfully cancelled his fake admission in the Department of International Relations of University of..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....vakalatnama of the respondent bank and hence the execution case having been filed long after two and half years is hopelessly barred by limitation and as such are liable to be rejected as per provisions of Section 28 of the Artha Rin Adalat Ain, 2003. 9. As no property of the now dec......t by filing a written statement denying his liability for any dues if any for Shinan Bangladesh Limited as responsibility for meeting the liabilities of any limited company is of the company and in law shareholder and Director including Managing Director is not liable for the debts and liabiliti..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....violating the Notification passed by the respondent No. 1, should be declared to have been passed by no lawful authority and the entry of the Union Parishad as local bodies would be violated as per provisions of the constitution that the Dohakul Union Parishad selected the Baharampur Brahmpu......nstruction of Union Parishad Building. He requested to take step for selection of Sukhdeb Nagar defying the formal decision undertaken by the majority votes of the Union Parishad without any lawful authority and made an adverse remark behind the back of the Chairman who is an elected repre..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......of 1972 and it was notified in the Gazette and on 3rd April, 1975 an administrator was appointed by the Government to look after the property and as the same action had not been in accordance with law the Government of Bangladesh had entered into an agreement with the "Rally Brothers" ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
.... result. By this time, the Bangladesh Agricultural Institute where the writ petitioner was deputed was abolished and upgraded as Sher-E-Bangla agricultural University on 11.9.2001. According to the provision provided in Section 59(2)(Ja)of Sher-E-Bangla Agricultural University Act, 2001, the wri......cÖkvmb/8471 ZvwiL 23Ð02Ð2006 to the post of Senior Assistant Director (Administration) with effect from 23.02.2006 (Annexures-2-14) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....sion Road and after completion of the project the suit land remained unused but it will be required in future for widening the road. Moreover, under the Requisition of Property Act, 1948 there was no provision for release of the unused land and the Government may use the unused land for similar othe......ts will release the suit property in favour of the plaintiffs; hence the plaintiffs filed the suit for a decree that to keep the suit land under acquisition by L.A. Case No. 37/50-51 is illegal and unlawful and further for a decree to direct the defendants by mandatory injunction to release the suit..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....and also stayed realization of fine till disposal of the appeal. On that day an application with a prayer for bail was filed before the High Court Division and the said Division upon referring to the provision of Rule 11(3) of the Emergency Power Rules, 2007 rejected the prayer for bail and that als......, that the appeal is pending and there is a specific procedure for filing appeal and disposing the same and as such the impugned order of the High Court Division passed in the writ petition is bad in law and the same is liable to be set aside. It was also submitted by the learned Additional Attorney..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
.... Civil Procedure and the submission that the High Court Division having itself found that the respondent No. 2 at whose instance the sale was set aside was not a person as contemplated under the said provision, acted illegally in maintaining the order of the Executing Court, particularly when the re......rder dated 10th March, 1999. 4. Being aggrieved the writ petitioner preferred Writ Petition No.1526 of 1999 before the High Court Division to have the said order declared to have been made without lawful authority. 5. Leave was granted to consider the submission that the High Court Division m..Category: Civil Law | Date: | Hits: 92
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......gally and rightly absorbed as surplus officer like Shahadat Hossain and he cannot be treated to have been appointed afresh as a retrenched officer. The respondent is entitled to equal protection of law and should be treated in the same manner as in the case of Shahadat Hossain. The respondent pr..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
.... the case, that the appeal is liable to be dismissed. 12. We have heard the submissions made by the learned Counsels of both the parties at length and perused the records of the case and the provision of Order 1 Rule 10(2) of the Code of Civil Procedure. We are of the view that the provis...... Petition No. 3123 of 1999 discharging the Rule. 2. The appellant Eastern Bank Limited filed the above writ petition stating, inter alia, that it is a banking company incorporated under the law of Bangladesh, it was established in the year 1992 by the Bangladesh Bank by a Gazette Notifica..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....e learned counsel appearing for the respondent on the other hand submits that in his application filed before the Administrative Tribunal the respondent took specific ground to the effect that the provisions of Rule 7 of Government Servant Discipline and Appeal Rules 1985, (Rules) were not follo......he Administrative Appellate Tribunal acted illegally in allowing the appeal and that charge of corruption having been leveled in the charge sheet the Administrative Appellate Tribunal erred in law in finding that there was no charge of corruption in the charge sheet. The learned counsel..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......s respondent No.1 failed to show that he was associated with the liberation movement in 1971 and the learned Advocate next submits that the Administrative Appellate Tribunal committed an error of law in considering the alleged certificate dated 25.9.93 showing respondent No.1 as a freedom..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....accordingly since Nikunja Behari was not found in possession of any quantity in excess of the quantity permitted to be retained he has committed no offence and cannot be prosecuted and further, the provision contained in section 25 of the Special Powers Act which provides the penalty for hoardin......cause the state failed to exhibit any ceiling regarding quantity of salt and as such the conviction and sentence of the accused appellant under section 25(1) of the Special Powers Act is bad in law as such liable to be set aside by this Court." 5. Mr. Abdus Sobhan, the ..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....been considered by this Court and there has been suppression and misquotation of evidence of prosecution witnesses by the Special Tribunal which as been ignored in the judgment of this Court and that provision of Section 103 of the Code of Criminal Procedure has not been folÂlowed legally and as su......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......betment of commission of forgery by them. He further submitted that the petitioners were not examined under Section 342 of the Code of Criminal Procedure which is the mandatory requirement of law and as a result the trial has been vitiated. He further submitted that the accused petitioner N..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....provides that no Court shall take cognizance of any offence punishable under Section 172-188 of the Penal Code except on the complaint in writing of such Court. 8. Thus it is clear that the provision of Section 195 Cr.P.C. is not attracted because alleged offence was not committed by a pa...... charge sheet is to be submitted. In the instant case the High Court Division itself gave direction to lodge F.I.R. under Sections 465/109 of the Penal Code and there by committed an error of law. Mr. A. B. Taz Mohammad could not place any convincing argument in support of the judgm..Category: Criminal Law | Date: | Hits: 49
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