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Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......e same time failed to achieve the interest of the Bank itself and that the pe­titioners had not been given a fair deal. 6. As to the last submission, it may be ob­served that it appears from the record that the Bank did not go for selling the vessels all at once but gave due notice and other op......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..

Category: Banking Law | Date: | Hits: 94

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

.... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......lication to the Chief Martial Law Administrator on 16.5.86 praying for justice, apparently invoking the power of review of the order made against him, under Order 1A of MLO 9. Upon examination of the record of the case, the CMLA's Secretariat found that the alle­gation/charges brought against the r......ts of the case are that the respon­dent, who was a Superintending Engineer and work­ing as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from service by the Chief Martial Law Ad­ministrator under Martial Law Order No. 9 of 1982 on 15.10.85. ..

Category: Criminal Law | Date: | Hits: 53

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

..... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......al on the facts, but not final on the law. Notwithstanding that the decision is by a statute made "final", certiorari can still issue for excess of jurisdiction or for error of law on the face of the record". 10. In the case of Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287 Ahmed, Acting Chief Justice....... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

.... the statement can any legiti­mate grievance he made on that score. On hearing about such an injured person if he comes to the hos­pital and records the statement, I think he performs his duty as a good Police Officer as a part of his nor­mal duty and without any contrary suggestion to P.W.1 Saha......en taken to the Sadar Hospital Khulna at about 9-30 PM reaching there at about 10-15 p.m. and admitted in the surgical ward. A police officer from Khulna PS named Abul Hashem came to the hospital and recorded the statement of the deceased (Ext.1) at 11-30 p.m. This statement was sent to Fultala PS o......ere present during all the time of recording unless he was called by somebody. From his evidence, however, it ap­pears that he is not the person to wait for any such call and he is available for any service that an inves­tigating agency might need at times for making up its proforma. The mere fact..

Category: Criminal Law | Date: | Hits: 44

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

.... learned counsel could not point at any illegal­ity or infirmity in the decision of the High Court Division so as to call for any interfer­ence. The petition is dismissed. Ed. ......e­dure provided in section 195(1)(c)  of the Code of Criminal Procedure is barred. 5. We are of the view that the High Court Division on proper consideration of the mate­rials on record and considering the provision of section 195(1)(c) of the Code of Criminal Procedure arrived...... learned counsel could not point at 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: Criminal Law | Date: | Hits: 39

Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)

....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 101

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......ased in presence of witnesses present. The condemned prisoner was then handed over to the police. On the basis of the information received from the informant G.D. Entry No. 110 dated 04.10.2002 was recorded and S.I. Rupok Kumar Saha went to the place of occurrence and prepared the inquest report......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......r regularization of the exchange deed before July 30, 1970, that .14 acre of land of S.A. Plot No.3313 has been transferred upon regularization of Exchange Case No.35/Sadar/1969-70 and the revenue record in respect thereof has been prepared in the name of the son of the man in whose favour excha......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......ation to pre­vent the abuse of the process of the court and to secure the ends of justice. 13. Therefore, in our view, the High Court Division upon correct assessment of the materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with th......n Agriculture, (shortly IPSA), Gazipur and Mrs. Lailun Nahar Ekram, the respondent in collusion with each other for illegal gain misappropriated Tk.11,80,615/- by false billing against consultancy service and thereby committed an of­fence punishable under sections 409/109 of the Penal Code r..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......of 20 percent per an­num for wrongful withholding of the benefit. That by an application dated 03.05.1993 the respondent amended his plaint by inserting further statement that his past service record was clean and that the order of his termination from service 18.5.1989 was bad for stigma wi......ommercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension contending, inter alia, that he joined in the service of the erstwhile Muslim Commercial Bank Limited as a clerk on 14.02.1958 and was promoted a..

Category: Employment/Service Law | Date: | Hits: 136

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

.... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......y;thorized absence to the enquiry officer on 15.03.1993 denying the allegations brought against him. He also appeared before the en­quiry officer on the date of enquiry and the enquiry officer recorded the statement of the petitioner. But the Union representative was not allowed to take part......de prayer to the respondent for changing inquiry officer but his prayer was rejected. He made a second prayer which was also rejected and ultimately by order dated 13.12.1993 he was dismissed from service. He then filed griev­ance petition under Section 25 of the Act be­fore the 2nd Labo..

Category: Employment/Service Law | Date: | Hits: 91

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......nd that return has been filed with the Respondent No. 5 in re­spect of the allotment of aforesaid 1,24,000 shares in due course but the respondent No. 6 illegally made an endorsement in its official record to the effect that for want of supporting documents the return has been cancelled and that th......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)

....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..

Category: Civil Law | Date: | Hits: 116

Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)

.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......nd others…………………………Respondents Judgment August 31, 2006 Lawyers Involved: Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24

Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)

....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......t October 19, 2006. Result: The appeal is allowed. Case Referred to- Tayeb Ali vs. Abdul Khaleque and others, 43 DLR (AD) 87. Lawyers Involved: A.S.M. Khalequzzaman, Advocate-on-record-For the Appellants Firoz Shah, Advocate-on-record-For Respondent No. 1 Not represented-......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..

Category: Property Law | Date: | Hits: 53

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

.... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ......or the same before the Presiding Officer of the Center. As a result, the High Court Division committed illegality in passing the impugned judgment and order on misconception of law and materials on record. The submissions merit consideration. Leave is granted. Preparation of t...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..

Category: Election Law | Date: | Hits: 111

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......the learned District Judge, Kushtia in Title Appeal No.2 of 1975 is law­ful and the present suit is not maintainable in law. The case of the defendant No.4 (respon­dent herein) is that the recorded tenant of the suit property left for India before the Indo-Pak war of 1965 and were living......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....nd that the plaintiff thereafter amended the said letter of credit by increasing the quantity to 3000 met­ric tons and thereby increased the value from 11000 U.S. Dollar to 13,20,000/- for the goods to be imported and the plaintiffs bank transmitted the amendment of the said letter of credit......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121