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City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....said company. Section 25(3), therefore, cannot have any manner of application where a corporate shareholder nominates a director to the Board of a financial institution to represent it. It is only proper and legal that petitioner No. 1 company is represented by its own directors in the Board of ......l) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners V......y. Section 25(3), therefore, cannot have any manner of application where a corporate shareholder nominates a director to the Board of a financial institution to represent it. It is only proper and legal that petitioner No. 1 company is represented by its own directors in the Board of respondent ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......late Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangl...... of exemption under section 48, the bar remains as a permanent provision in the said Act. When an exemption is given the bar under section 25(3) is relaxed; but when the exemption is withdrawn the legal consequence is the revival of the permanent bar under section 25(3), which will affect the ex..Category: Business or Commercial Law | Date: | Hits: 96
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....tement on extraneous ground. 7. The learned Counsel for the appellants has canvassed 3 grounds before us namely, (i) that the learned Judge of the High Court Division has failed to construe properly the application for setting aside the abatement which substantially met the requirements o...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Abdul Kader Mondal and others…………………… Appellant Vs. Sha......of the plaintiffs not being divisible the suit is liable to abate as a whole. 8. Order 22 of the Code of Civil Procedure requires that in the event of death of a particular party, heirs and legal representatives of the deceased have to be brought on record within a stipulated period. If ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....aneous Case to have become infructuous finding that the victim girl was presently in the judicial custody by order of the Appellate Division and as such, her present custody could not be held to be improper or illegal. The High Court Division by the same judgment dismissed the appeal, Criminal Appea......l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap......ten tried to contact his daughter; that the said Abdus Salam and other accused persons kidnapped his daughter out of the said grudge for immoral purposes and they are detaining her against her will illegally at unknown places. 3. On receipt of the Ejahar the police started Nagorpur police statio..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....al Area vide Gazette Notification No. Dhaka-1141 3-Regn. dated 9-12-52. Award for compensation for the acquisition of the said land was duly prepared in the name of the owners after serving notice properly. The writ-petitioners have no right to construct any building structure on the acquired la......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others……………………………&h......Plot No. 202 had been duly recorded. 5. They received a notice dated 12-12-88 under the signature of the Executive Engineer, Dhaka City Division-2, informing that the petitioners were in illegal occupation of the land of the road connecting the PWD and they were directed, in that notice,..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....….(11) ()ii Before opening the election materials for recounting of ballot papers the Election Tribunal is to satisfy itself positively that those materials had been preserved by the proper authority in accordance with law and the same has also been found intact under proper seal a......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ord......oted above which amounts to non-consideration of the essence of evidence on record which has occasioned in a total failure of justice. For the reasons mentioned above, we do not find any illegality in the impugned judgment of the High Court Division and accordingly this appeal is dismiss..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, coll......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R......d in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, collusive, void, inoperative is of no legal effect and not binding upon the plaintiff. (b..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J SM Anwar Hossain………........... Appellant Vs. Md. Shafiul Alam (Chand) and another………………… Respondents Judgment February 3, 1999. The Negotiabl......ney from the complainant, that the appellant withdrew bills on several occasions but did not return the security money to the complainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a chequ..Category: Business or Commercial Law | Date: | Hits: 145
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ...... Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent Judgment June 7, 1...... (AD) 58 held that the case before the Labour Court was not maintainable and consequently the judgment of the Labour Court was declared to have been passed without any lawful authority and is of no legal effect. 7. Dr. Kamal Hossain, learned Advocate appearing for the employee petitioner..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......ellip;….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Const......ries Act, 1885 which only provides for giving ijara for ferry ghat. And ferry includes a bridge of boats, pontoons or rafts, etc but not nowka ghat. Thus, the order giving ijara of nowka ghat is illegal. It is further stated that a re-tender notice was given on 11-4-95 by respondent No. 2 inviti..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......ellip;………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June 22, 1997. Th......ned Circular dated 8-3-96 had been issued without approval of the Government and without publication in the official gazette and, as such, the same was void, without lawful authority and having no legal effect. Lastly, Mr. Ahmed has submitted that the High Court Division erred in not holding tha..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..Respondents Judgment June 16...... of Notification No. Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 BS as to why such holding of office should not be declared to be illegal and without lawful authority. 2. The pillar of the writ petitioner respondent’..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....t No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court perm......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St...... subject, we do not think that the learned Judges of the High Court Division correctly laid down the law in the impugned judgment in the following terms: “In view of the existing legal position as noticed above, we hold that a person accused in a criminal case can only prefer a..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 purporting to lease out the suit property described in item No.1 of schedule ‘Ka’ to the plaint. The lease, not being fo......p;………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any interest, in that position a devoted......ta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 purporting to lease out the suit property described in item No.1 of schedule ‘Ka’ to the plaint. The lease, not being for legal necessity or for the benefit of the deity was not binding on her and the deity was still the..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ......f law. 5. Mahbubey Alam, learned Additional Attorney-General appearing for the petitioners, submits that the nomination of the writ petitioners for appointment having not created any legal right in their favour and the Government not having any legal duty to appoint the writ petiti..Category: Employment/Service Law | Date: | Hits: 81
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
.... The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service prior to dismissal……………&helli......llip;……………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgment ......low him any financial benefits as his conduct was unfair. Further, the petitioner also cannot claim the financial benefit as a matter of right. The Administrative Appellate Tribunal committed no illegality in passing the impugned judgment. The petition is dismissed. E..Category: Administrative Law | Date: | Hits: 144
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......dvocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993)......h the alleged offences making the accused-respondent a scapegoat although he had left the office on transfer on 15-5-81. 6. Thus we find that the impugned judgment does not suffer from any legal infirmity, which warrants granting of leave or consideration by this Division. Besides that,..Category: Criminal Law | Date: | Hits: 59
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………....... The Constitution of Bangladesh, 1972 Article 102 The Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which ..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....order of the Tribunal holding that the application of the respondent was maintainable and that the order of the appellant Bank refusing re-employment of the respondent was arbitrary, illegal and improper. 7. Leave was granted to consider whether the Appellate Administrative Tribunal upo......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). ......admissible to a government servant, Rule 389 BSRS Part I provides that there is no bar to the re-employment of an officer after regaining his health after invalid pension. But the said rule has no legal application to Janata Bank employees. Administrative Appellate Tribunal failed to notice that..Category: Administrative Law | Date: | Hits: 148
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....inuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms were recovered from the possession of the petitioner. The learned Judges did not think it proper to release the petitioner on bail in a pending case where trial is continuing. 3. Mr.......y Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the High Court Division in Criminal Appeal No. 149 of 1998). ......ink it proper to release the petitioner on bail in a pending case where trial is continuing. 3. Mr. Golam Mohiuddin, learned Advocate appearing for the petitioner, could not point out any illegality in exercise of discretion by the High Court Division. He, however, submits that the petiti..Category: Criminal Law | Date: | Hits: 66
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