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Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Md. Moyenuddin Advocate—For Respondent No. 1 Civil Appeal No. 65 of 1999. (From the judgment and order dated 16-6-1998 passed by the High Court Division in Civil Revision No. 3428 of 1997). Judg......o. 1 as plaintiff filed the aforesaid suit for declaring his order of removal as void, illegal collusive, fraudulent and without jurisdiction and also for mandatory injunction on the ground that no notice was served on him and he was not given any opportunity to show cause or defend himself befor......ant Judge, Bakergonj in Title Suit No. 80 of 1991. 2. Plaintiff-respondent No. 1 Md. Moyenuddin after passing BA (Honours, Examination and appearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree ..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....e-on-Record — For the Respondent No. 1. Not represented — Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 183 of 2000. (From the Judgment and order dated 31 passed by the High Court Division Dhaka in Wit Petition No. 6059 of 1997). Judgmen......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......sion (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Novartis Foundation for Sustainable Development………………………&..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....r Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondents. Civil Appeal No. 8 of 1998 (From the Judgment and order dated 21 -4-93 & 2-9- 89 passed by the High Court Division in Civil Revision No. 742 of 1989). ......ement”. In his evidence, PW 1 further stated as follows: “Not a fact that there was no agreement reconveyance” These sentences escaped the notice of the trial Court as well as of the appellate Court. These statements of the plaintiff on o......Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....tor of the Bank…………………………(20) A voter cannot prefer an appeal against setting aside of the election of a successful candidate in an election. But that analogy will not hold good in respect of the election of directors of......nee director shall be eligible for election to the office of the director at any General Meeting unless he is recommended by the directors. This will not apply if a member has left at the office a notice in writing under his hand or under the hand of such agent signifying his assent to his candi......ture has been specifically given to the Board of Directors in the said Article or any other Article. Under the garb of recommendation Board of Directors cannot reject the candidature of any person for the election to the office of the director of the Bank……………&..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Ex Parte — The Respondents. Civil Appeal No. 3 of 1999. (From the judgment and order dated 30 April 1998 passed by the High Court Division in Writ Petition No. 1857 of 1994). Jud...... Bangladesh Steel and Engineering Corporation, briefly, the Corporation. While serving as General Manager (Administration) in Pragati Industries Limited, Chittagong, on 25 August 1992 he received a notice from respondent No. 3, Chief Personnel Officer of the Corporation that he had committed irr......ited, Chittagong, on 25 August 1992 he received a notice from respondent No. 3, Chief Personnel Officer of the Corporation that he had committed irregularities regarding purchase of machinery parts for overhauling and repairing of Mill No. 1 under purchase order dated 20 January 1990 when he was..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 passed by the High Court Division in FMA No. 27 of 1997. Judgment: ......l for the plaintiff-petitioner has attempted to argue that the High Court Division while considering the provision of Order 11, rule 21 of the Code of Civil Procedure acted illegally in failing to notice that rule 8 of the said Order clearly expresses the intent of the legislature that the Court......ique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 pass..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ahidullah, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Petition for Leave to Appeal No. 812 of 1999 (From the judgment and order dated 16-05-1999 passed by the High Court Division in First Appeal Tender No. 83 of 1999). Ju......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......ellip;…….Respondent Judgment: December 7, 1999. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 7(2) Bank guarantee can not construe security deposit for preferring an appeal against the decree of Artha Rin Adalat. Lawyers Involve: M..Category: Business or Commercial Law | Date: | Hits: 115
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....n, Advocate-on-Record— For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 457 of 1999. (From the judgment and order dated 24 November 1998 passed by the High Court Division In Writ Petition No. 647 of 1998). J...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases R..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....cord — For the Respondents. Not represented — Respondent Nos. 36-40. Civil Petitioner for Leave to Appeal Nos. 535 and 536 of 1999 (From the judgment and order dated 22-04-1 999 passed by the High Court Division in Writ Petition Nos. 4598 of 1997 and 246 of 1...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... Subrata Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Not represented — Respondent Nos. 36-40. Civil Petitioner for Leave to Appeal Nos. 535 and 536 of 1999 (From the judgment and order dated 22-04-1 999..Category: Property Law | Date: | Hits: 71
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
.... Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 72 of 1998. (From the judgment and order dated 24-11-97 passed by the High Court Division in Criminal Appeal No. 1159 of 1983). Judgme......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......dence on record finding the accused not guilty by the High Court Division placing no reliance upon confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by M..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....l the Petitions). Not represented — The Respondents (In all the Petitions). Civil Petition for Leave to Appeal Nos. 1254 to 1259 of 1998. (From the judgment and order dated August 4, 199, passed by the High Court Division in Writ Petition Nos. 3318, 3317, 3318, 3319......d from service the Government Servant (Discipline and Appeal) Rules 1976 were in force. These Rules did not provide that a delinquent employee could be dismissed from service without any show cause notice or any disciplinary proceeding if they are convicted of any criminal offence or an offence ......vernment Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable. ..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....orney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent Nos. 1 & 2. Petition for Leave to Appeal No. 1353 of 1999. (From the judgment and order dated 21-7-1999 passed by the High Court Division in Writ Petition No. 2386 1998). Judgment ......fication respondent No. 2, the Deputy Secretary (Poura) Local Government Division, Ministry of LGRD and Co-operative of the Government of the People’s Republic of Bangladesh issued a general notice dated 21-3-96 with a copy to the petitioner stating that the Government decided to elect one...... Advocate-on-Record — For the Petitioner Mahmudul Islam, Attorney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent Nos. 1 & 2. Petition for Leave to Appeal No. 1353 of 1999. (From the judgment and order dated 21-7-1999 passed b..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....tra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. Nomenclature of the judicial service shall be designated as the Judicial Service of Bangla......miss or remove such person or to reduce in rank shall be final. (4) Where a person is employed in the service of the Republic under a written contract and that contract is terminated by due notice accordance with its terms, he shall not, by reason thereof, be regarded as removed from off......cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....yers Involved: Shamsuddin Ahmed, Advocate—For the Petitioner. Not Represented—For the Respondents. Contempt Petition No. 1 of 1999 (From the Judgment and order dated 3-12-98 passed by f Court in Civil Appeal No. 130 of 1997). Judgment ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......Others………….Respondents Judgment February 24, 2000. The Contempt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and t..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....ate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the appellant. Ex parte—the Respondents. Civil Appeal No. 10 of 1999 (From the judgment and order dated June 30, 1 passed by the High Court Division, Dhaka in Civil Rent No. 3975 of 1996) Jud...... Code of Civil Procedure against an order of the Artha Rin Adalat is not maintainable made the Rule absolute invoking inherent power of the Court under section 151 of the Code. It has already been noticed that respondent No. 1 did not raise question of maintainability before the Artha Rin Adalat......om the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default...Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....y Serajur Rahman, Advocate-on-Record — For the Respondent Nos. 1-3. Not represented—Respondent No. 4. Civil Appeal No. 47 of 1998. (From the Judgment and order dated July 10, 1997 passed by the High Court Division in Writ Petition No. 5764 of 1996). Jud...... under the proviso to section 46(2) of the Act has been successfully met by the respondents by producing the inspection report and the report with recommendations of the Standing Committee to issue notice on the appellant to show cause within 7 days as to why action should not be taken against h...... The Banking Companies Act, 1991 (XIV of 1991), Section 46 In view of the inspection report and recommendation of the standing committee it cannot be said that there was no material before the respondent no. 1 to form the opinion concerning the appellant or that the said opinion was..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....lant. MA Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 78 of 1998. (From the Judgment and order dated 9th June, 1998 passed by the High Court Division in Will Petition No. 44 of 1998). Judg......ue to disturbance and snatching away of ballot papers and other connected materials and the result was not declared by the Presiding Officer of the centre. Thereafter the matter was brought to the notice of the District Election Commission, Sylhet and also to the Election Commission. The Returni...... election of the Chairman of No. 7 Magalgaon Union Parishad, Sylhet. 2. The short fact leading to this appeal is that, respondent AKM Abdullah contested the election of the Chairman of the aforesaid Union Parishad held on 29-12-1997 and the polling of all centres were held peacefully and ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....han, Advocate (Kh. Saiful Haque, Advocate with him) instructed by Md. Nawab Advocate-on-Record—For the Respondent No. 1 Criminal Appeal No. 4 of 1998. (From judgment and order dated 25 March 1998 passed by the High Court Division Criminal Miscellaneous Case No. 1259 of 1998)......as aforesaid. 9. The informant-appellant was not made a party in the High Court Division and the learned Judges in the course of hearing of the Misc. Case directed on 19-3-98 for serving a notice upon the appellant and the matter was adjourned to 25-3-98. 10. The appellant has a......erdous from safe custody in the District Jail Narayangonj saying “she may go anywhere likes.” 2. Facts of the case, briefly, are that the appellant Jharna Rani Saha, as informant lodge written ejahar with Sadar Police Station Distill Narayangonj on 12-8-97 implicating a..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved:..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....ve as to whether in view of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Act, 1987 the learned Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Court Division was justified in re......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......, Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment A..Category: Criminal Law | Date: | Hits: 59
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