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Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......ief, we are of the view that the High Court Division did not commit any error in discharging the Rule. Further, since the High Court Division, on proper appreciation of the materials on record and applying the correct principle of law as applicable in present case, arrived at the corr......uit seeking declaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated 2-9-97 asking him to show cause as to why he shall not be dismissed from service is also void and illegal contending, inter alia, that he joined Rupali Bank, the defendant..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ...... of the other appellants. Thereafter, Mr. Huq submits that no power of attorney by the appellant Nos. 2 to 10 is found available in the file and that from the facts and circumstances appearing in the record, it appears that entire proceeding initiated in the names of the appellants is a fraudulent a......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... the school has 1065 students including girl students and that in the year 2000 there were 29 girl students in Class IX and in 2001 there were 104 girl students in Classes VI to IX, that because of good performance in the public examination the School has become jealous and thereupon has filed t......ion the School has become jealous and thereupon has filed the suit to cause prejudice to the High School. 4. The trial Court upon hearing the parties and on consideration of the materials on record held that it has been established that the High School has not established any new school fo......verment in the plaint that the suit has been filed in the representative capacity, that running a school for the purpose of imparting education to the girls is not a proprietary right, rather is a service rendered for social welfare and the said kind of service is not a right to property, that t..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... office of TNO Dohar on 24-10-2000 and was directed to join the said office and in default he stood released. But he did not join that office and further allegation was that he destroyed volume of record room and tampered with different documents and further he received bribe in the name of diff...... different documents and further he received bribe in the name of different officers for supplying certified copies of documents. It was further alleged that he tampered with his designation in the service book and that the proceeding was thus started against him and he was asked to show cause a..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....on findings, among other things, that by the Ijara kabuliyat Ram Prosad Muchi did not acquire any Dar-rayati right, that whatever right he got he surrendered it to the landlord and left the place for good and as such his sons inherited nothing to transfer. Respondent preferred appeals in both the ...... paid rent to the ex-landlord, Mohesh Chandra, upto 1956, why did he or his sons not pay rent to the Government thereafter if they became tenant under Government by operation of law. His name was not recorded in any Khatian at any time since 1926; the SA Khatian has recorded the landlord's name. On ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......ncy of the earlier suit between the parties. The fact that they were diligently pursuing the temporary injunction matter arising out of the earlier suit for permanent injunction is also a matter of record. It should have struck the Courts below that litigants who were contesting without laches...... February 25, 1990. Result: The appeal is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the proce..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....the price quoted in the tender is most competitive and even lower than PWD approved rate and they have now reduced the price to Taka 16,50,00,000 taking into account the mode of transportation of the goods by sea instead of by air but confirming supply within specific time of 30 days; but the appell......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....rally occurring arsenic at higher contents than WHO-recommended levels and if quality is taken into account, access to safe water drops to only 72% in rural areas. In spite of the fact that this is good coverage by developing country standards, it implies that 30 million people remain without acc......ach of which the respondents are allowing the members of the public to continue to drink water contaminated with arsenic contents. 6. We have heard the learned Counsels and also perused the records. 7. The contents of various papers annexed with the writ petition show that over the......s the precise application of which will depend on the conditions prevailing in a particular State party: (a) Availability: Functioning public health and healthcare facilities, goods and services as well as programmes have to be available in sufficient quantity within the State p..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ober 22, 1979 by registered deed transferred the property in question to the petitioner before the Court of Settlement, that after purchasing the property the petitioner got her name mutated in the records of the different authorities, obtained approval from the RAJUK for making construction and a......tant fact that the property was listed without serving notice on the claimant of the property. In our judgment we addressed the aforesaid contention of the petitioner and we observed "The question of service or non-service of notice is a question of fact and determination thereof is required upon co..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... by the writ-respondent No.4 by filing the affidavit-in-opposition. After hearing the parties the High Court Division discharged the Rule on the findings that in the background of the materials on record writ-petitioner can neither claim seniority to respondent No. 5 nor. can claim promotion to ......re is no such situation. It may be mentioned in the instant case amendment in the schedule of the Rules of 1980 was made in 1986 and the writ-petitioner having had the notice thereof joined in his service in 1995. So the aforesaid contention in the background of the facts of the instant case is ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......sing 1.20 acres of land and that the defendants never threatened to dispossess the plaintiffs from the suit land. 4. The learned Senior Assistant Judge, on consideration of the materials on record, though found that the plaintiffs failed to prove their prima facie title and possession ov......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....of the order of penalty. 2. A Bench of the High Court took the view that the penalty under section 167(9B) of the Act, can not exceed one thousand rupees or three times the value of the goods actually imported, whichever is greater and, so allowed the writ petition, and declared that ......thority. The appeal is directed against the order of the High Court. 3. Mr. Attorney-General has appeared for the appellant, and none for the principal respondent Mr. Aminul Huq, Advocate-on-record for the Respondent 2 and Mr. Altaf Hossain, counsel for respondent 3, have submitted t......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......ludes a raiyat, and under-raiyat or a non-agricultural tenant whose land has been let out and also the immediate landlord of a person who holds any land free of rent in consideration of some service to be rendered, but does not include a person in respect of such of his lands as has bee..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....dul Bari from the land but due to resistance offered by deceased Zafar their attempt was frustrated and the quarrel ended with a severe warning by the appellants that they would "finish Zafar for good" because of his obstruction to their way. 3. According to prosecution, Zafar used to stay in...... 1, 1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the st......over to their side and that is why Nuru's help was necessary. If there was any such good intention, I think, the domestic servant was not the appropriate person to give the help. Further, if Nuru's services were needed only for winning over Zafar, the mission on that day would have been confined t..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......plaint before the same Court against the appellants on the self-same allegations. The Metropolitan Magistrate after examining the respondent on solemn affirmation on 9-9-85, called for the previous records and summons were issued. By the impugned order dated 12-1-86 charge was framed against the a......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....oner’s case is that he was the Seed Development Officer at Pabna under Bangladesh Agricultural Development Corporation, that has always worked honestly, sincerely and efficiently and has got good service record, that Respondent No. 1, the Chairman of the Corporation, became annoyed with hi......case is that he was the Seed Development Officer at Pabna under Bangladesh Agricultural Development Corporation, that has always worked honestly, sincerely and efficiently and has got good service record, that Respondent No. 1, the Chairman of the Corporation, became annoyed with him for answeri......the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the Service Regulations of Bangladesh Agricultural Development Corpo..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... took delivery of possession through Court. The auction purchaser, Ganga Charan Majumder died leaving plaintiff No.1 and Ananta Kumar Majumder, the predecessor of plaintiff Nos. 2-4, that RS and SA record as regard the land in suit was wrongly prepared in the name of the defendant No.1 resp......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
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