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Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

....ad violated loan agreement with Bangladesh Shilpa Rin Sangstha and ICB and other Banks. The company was paying respondent No. 2 and his wife salary and other facilities without any sanction by the proper authority as per Article 149 of the Articles of Association of the company and the company h......;         Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner   Vs.   Nafisa Choudhury and others...............Respondents   Judgment   May 22, 2001......t Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9)   Lawyers Involved:   ..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... Mahmudul Amin Choudhury J   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Abdul Khaleque Gazi and others...................... Petitioner   Vs.   Abdul Aziz......l led us through the judgment of the High Court Division and it appears that only the prayer portion of the plaint was allowed to be amended and in so doing the High Court Division found that no illegality has been committed. We are in full agreement with the finding of the High Court Division. ..

Category: Procedural Law | Date: | Hits: 82

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... 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......nd in the instant case the layout plan was changed converting some open space into plots to meet increased demand for residential 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 c..

Category: Property Law | Date: | Hits: 56

Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)

....r name called, of a Banking company in the public interest or to prevent the affairs of a Banking company being conducted in a manner detrimental to the interest of its depositors or to secure the proper management of the Bank the Bangladesh Bank may by order remove from office such Chairman or ......nbsp;                             Bangladesh Bank and others.......... Petitioners   Vs.   Zafar Ahmed Chowdhu......ow cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect.   3. The short fact leading to this petition is that, respondent N..

Category: Business or Commercial Law | Date: | Hits: 131

Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)

....   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 68.  ......nbsp;                             Monir Ahmed and ors...............Petitioners   Vs.   Forest Rese......ee was not maintainable. He further submits that the memorandum of appeal refiled on 9-4-1996 was barred by delay of much more than 85 days and, as such, condonation of the delay of 85 days was not legal.   5. Learned Deputy Attorney-General appearing for the respondent Nos..

Category: Property Law | Date: | Hits: 80

Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)

....he petitioners.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 67  ...... Present:   Bimalendu Bikash Roy Choudhury J   Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Momtazuddin Sarker andothers ................Petitioners   Vs.   Abdur Rob and o......, 2000.   The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritance at the time of fili..

Category: Property Law | Date: | Hits: 65

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

.... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ......   The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1)   Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide ......dinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide requirement is always with landlord but he is under legal obligation to prove that he needs the premises for such requirement………&h..

Category: Property Law | Date: | Hits: 69

Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)

....2000.      The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b)   An abandoned property in possession of a person can only be included in the “Kha” list of abandoned ...... Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Bangladesh....................... Petitioner   Vs.   Amela Khatoon and ors............................... Respondents   Judgment   ......88 making the Rule absolute and declaring the judgment and order dated 8-9-1987 passed by the Court of Settlement in Case No. 250 of 1987 to have been made without lawful authority’ and of no legal effect.   2. Respondent Nos. 1-6 tiled the aforesaid case before the Court..

Category: Property Law | Date: | Hits: 69

Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)

.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 50. ......sp;           Mainur Reza Chowdhury J             Rajib Kamrul Hasan and 3 others ...................Appellants         &nb......rily submits that charge having been framed for commission of rape under section 6(3) of the said Ain, the conviction and sentence under section 9(Ga) for committing an offence of immoral act is illegal and not sustainable in law.   7. Syed Ziaul Karim, learned Advocate appea..

Category: Criminal Law | Date: | Hits: 72

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

....tant evidence. 3. In para 9 of the application for review the petitioner stated as follows: “That according to the advice of the learn Counsel, the defendant Islamic Foundation Authority took proper steps through Bangladesh Embassy, in Pakistan to know definite regarding the said tenant Md. ......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...

Category: Property Law | Date: | Hits: 107

Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)

....sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ......nbsp; Mainur Reza Chowdhury J    Jatiya Party............................ Appellant   Vs.   Election Commission for Bangladesh and others................... Respondents   Judgment   Novemb......ll by-elections for the present Parliament referring to Article 20(1), 61(b) of the Representation of the People Order, 1972 and Rule 9(1) of the Conduct of Election Rules, 1972 being the existing legal provisions for allocation of symbols in the parliament election. The symbol “Langol&rdq..

Category: Election Law | Date: | Hits: 144

Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)

....lated by memo dated 30-12-95 are in no way inconsistent with the provision of the Ordinance and Organisation Order 15 of 1994, that to suit the set up in the line of respective trades and that for proper implementation of Organisation Order 15 of 1994, the Order has been issued and 6 posts of Ju......   Mainur Reza Chowdhury J    Md. Gholam Rabbani J    Md. Ruhul Amin J     Bangladesh Biman Corporation and others................Appellants   Vs.   Md Tipu Sultan &......of Ground Support Equipment (GSE) Division issued on 30-12-1995 (Annexure-G to writ petition) so far the same relates to the petitioners therein respondent Nos. 1 and 2 in Appeal No. 25 of 2000) illegal, void and without jurisdiction. By the said judgment promotion of respondent Nos. 5 and 6 (ap..

Category: Employment/Service Law | Date: | Hits: 63

DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)

....e we part with the judgment we must record here our appreciation of the labour and trouble undertaken by Mr. Abdur Rob Chowdhury, the learned Counsel who at out request helped this Division in the proper disposal of this matter.   Ed.   Th......titled to a second show cause notice………………………(4)   Case Referred to-   Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD).   Lawyers Involved:  ......respondent was holding a civil post in the service of the Republic and second show cause notice is a must. It appears that the Tribunal as well as the Appellate Tribunal thoroughly considered this legal position and rightly found that the order of dismissal of the respondent suffers from inheren..

Category: Administrative Law | Date: | Hits: 137

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 ...... 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............ ......as published. After the respondent applied for scrutiny of the concerned scripts it was found that the Head Examiner after sending his report and marksheet for the purpose of tabulation of result illegally added marks in English II paper script by interpolation in respect of question answer Nos...

Category: Constitutional Law | Date: | Hits: 182

Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

....Ghose and Kanai Chose filed an application for probate under section 276 of the Succession Act claiming that Dayal Chose had executed a Will on 2.5.1977, which was his last will bequeathing all his properties to them and‑appointed them the executors of the will. On 26.6.1991 respondent Gopa......164 ......right and nature of the caveator and further the required Court fee of Taka 100.00 was also not paid. The District Delegate, therefore, held by his judgment dated 21.8.1991 that Gopal Chose had no legal footing to file any caveat, that the caveat dated 26.6.1991 is not a caveat in the eye of law..

Category: Property Law | Date: | Hits: 67

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

....al is allowed with cost. If there is misreading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. . . The suit b......:47 DLR (AD) (1995) 162. ......y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ..

Category: Property Law | Date: | Hits: 46

Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)

....e is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ex parte decree in execution whereof she was dispossessed is no longer in existenc...... 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......itution of possession filed by the appellant be tried analogously with Title Suit No.177 of 1984. 4. Leave was granted to consider whether the learned Judges of the High Court Division were legally justified in directing analogous disposal of the Miscellaneous Case No. 275 of 1992 for res..

Category: Property Law | Date: | Hits: 68

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

.... the conviction of the appellants is based on the solitary testimony of one eye‑witness who is a boy of tender age and he being a child witness his evidence needs careful scrutiny by us. 7. For proper evaluation and appreciation of the material evidence on record I will divide the evidence of ......Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..

Category: Criminal Law | Date: | Hits: 49

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

.... that the respondent No. 1 was served with a second show cause notice in reply to which he stated that he was not allowed to cross‑examine the witnesses and that two of his witnesses were not properly considered by the enquiry officer. The Tribunal further noticed that the enquiry officer e......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ......iyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service was illegal, malafide and invalid and that he was still in service. 3. The case of the responden..

Category: Administrative Law | Date: | Hits: 138

Special Reference No. 1 of 1995, 24 CLC (AD)

....e Reference before the Chief Justice. The reference could not be addressed in that manner because the Reference was not to be to the Chief Justice in person but to the Court and the Registrar was the proper person to be addressed in such matter and it was for him to take the initial steps under the ......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......ind and somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent u..

Category: Constitutional Law | Date: | Hits: 248