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M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ...... It further appears that the writ petitioner filed written statement and thus was very much aware of the institution and continuance of the suit but did not avail of the remedy available under the law. 7. In such view of the matter, petitioner's filing writ petition is not maintain..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......sed by a Division Bench of the High Court Division in Writ Petition No. 2918 of 1998 thereby declaring the order passed by the respondent No. 1 Government of Bangladesh on 07.09.1998 to be without lawful authority. 2. The case of the writ petitioner respondent No. 1 is that he passed his ..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....the Deputy Commissioner. The provision of law putting the embargo on the power of the Arbitrator to award amount not exceeding 10% on the award already made by the Deputy Commissioner was made by the amending Act No.20 of 1994 upon adding a proviso to section 31 of the Act. The said Act No. 20 of 19......ion Case No. 163 6 of 1990 on September 18. 1994. i.e. at a time when the Arbitrator could make award of the amount as in his view in the facts and circumstance of the case proper i.e. it was not the law that Arbitrator could only make award to the extent of 10% over the amount awarded by the Deputy..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......perty of the petitioner, he (petitioner) obtained license in his name and got the said gun and the same is in his possession on obtaining renewal of the licence and the gun was never used in any unlawful activities and there is no allegation that the gun was used in the above case; that one Sali..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......l) Rules, 1985 to remove any irregularities and instituted a fresh enquiry against the respondent on the self same charges and the Government action suspending the respondent from service is fully lawful as the previous proceedings the respondent was not found guilty of the charges framed agains..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......whether the Managing Director and Chairman of a company, the trustees of the fund of the company could be prosecuted for misappropriation of the fund of the company and as to whether the principle of law applicable to the members of the partnership shall apply to the private limited company for the ..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. 5. The trial court after hearing the parties rejected the said application..Category: Banking Law | Date: | Hits: 121
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......and the matter is pending before the superior Court and thus "we do not find that there exists such a clear case capable to be decided at the micro level on the interpretation of the relevant law." 6. Mr. Huq next submits that only because a Money Suit is pending against the res..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......a Rin Adalat, Rangpur and that the suit was maintainable under the provision of Section 20 of the Code of Civil Procedure, that the direction to return the plaint is illegal and not sustainable in law and that the High Court Division ought to have considered the appeal on merit i.e. whether the ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......igh Court Division in consideration of the materials on records rightly found that the petitioner has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the ca..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......d not fail to comply with any such order of the court; that the plaintiffs did not make any such statements in his pleading which will speak that the suit is barred by any provision of law; that the plaint of Title Suit No. 18 of 1992 was rejected on 8.8.1992 on technical ground with..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......e of the Government of Bangladesh, the proceedings shall abate. And that was done. It is to be observed that under Article 149 of the Constitution that this Presidential Order continued as existing law and so the application made by the Government on 13th February, 1973 was quite competent. In..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......ears in question. Against the order of the Tribunal the appellant then filed an application under section 66(1) of the Income-Tax Act and the Tribunal referred the following questions of law before the High Court Division for opinion: "Whether on the facts and in the..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... Act from denying his exclusive title to the suit premises. 7. On the first question it is to be noted that whether payment of rent constitutes attornment or not is a mixed question of law and fact. The High Court has not clearly come to any finding because it took the vi..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ether in view of the undisputed facts the application for lease for the year 1380 B.S. by the appellant has been correctly rejected, in other words, whether in terms of section 3 of Act XII of 1967 amending the Ordinance No. XIX of 1959 the appellant acquired the right of renewal of the......f the High Court Division refused to grant relief in the Writ petition on the view that "a licences cannot claim any vested right of renewal of his licence or the provisions of law referred to by the petitioner gives him any such right". The learned Judge further observe..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......onsent to the action taken we do not think that the asses-see can now retrace its own action and seek relief in this forum." The Tribunal, however, considering this as an important question of law referred the question for the opinion of the High Court. The High Court answered the question ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......nbsp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the t..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validity of a docu..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......te but if he has already examined the complainant, the transferee Magistrate is not bound to re-examine the complainant…………(3) The trying Magistrate in the instant case wholly erred in law when he declined to consider the case of the present appellants on the ground that this being ..Category: Criminal Law | Date: | Hits: 60
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