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New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....default in paying the instalments of loan as per agreement with the BSB. As to the first contention it was found that Articles 33 and 34 of the Order are exclusive of each other and vest the BSB with independent power to proceed either under Article 33 or 34. 7. The learned Counsel now seeking le......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
.... to take over the management and administration of the industrial concern and to sell its property have been set out in Art. 34(1) with the conjunction "and", we have no manner of doubt that they are independent and alternative powers to enforce repayment of the loan. The Article read as a whole lea......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
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed as a superintendent of the Madrasha by a duly constituted ad-hoc committee and subsequently he was appointed as principal of the Madrasha by the Managing Committee and that until and unless such appointment is cancelled by competent authority the petitioner's locus standi cannot be questioned...Category: Constitutional Law | Date: | Hits: 139
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......t after completion of the project. But this is done purely considering potentiality and fund availability of the Government and that as per decision of the ECNEC meeting applications for appointment have been invited for the project phase II from the phase I project officers and staff ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......t petitioners and another one to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commission (PSC) invited applications from the candidates for appointment in various posts including Assistant Professor, Radiology by circular dated 21.05...Category: Employment/Service Law | Date: | Hits: 86
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....to the question of limitation as considered by the trial Court. The first Court of appeal being the last Court of fact while reversing the judgment appealed is required to dispose of the appeal on independent discussion of the evidence relied upon by the Court of first instance and to assign rea...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....m the materials on record that at the time of trial in support of the case pleaded in the pleading by the plaintiffs, plaintiff No.3 deposed for all the plaintiffs and he was corroborated by other independent and disinterested witnesses. The plaintiff No. 9 has not taken any exception to the mat......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ctor (Survey) BIWTA. 4. Short facts are that the writ petitioner and respondent No.4 were both appointed on temporary basis as River Surveyors in the Department of Hydrography under BIWTA by appointment letter dated 16-3-1978. The petitioner joined on 24-3-1978 while respondent No.4 joined..Category: Employment/Service Law | Date: | Hits: 59
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... another circular being BRPD Circular Letter No.12 dated 26-4-03 notifying certain restrictions in the composition of Board of Directors and also in respect of qualifications to become eligible for appointment as a Director of a banking company to the effect that the Board of Directors of bankin..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......low engaged State Defence Counsel for the condemned prisoners to defend their case pursuant to Chapter 12 of the Legal Remembrancer's Manual. Even this Court in the light of its Rules has also caused appointment of the State defence Counsels for these condemned prisoners to defend their case. These ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ulated time and in view of the failure of the respondent No. 1 to do so the contracts were duly cancelled; the High Court Division was required to consider all aspects of the case and decide the same independently upon consideration of the evidence on record and submissions made by the parties but, ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....ere is nothing in Rule 42 to show that the Enquiry Officer should be appointed by the Central Board of Directors. What is necessary, according to the rule, is that the competent authority obtain an independent report in the case in writing from an Officer specially deputed to investigate the cas......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ...... Mohammad Ali, learned Attorney General on the other hand submits that the learned Judges of the High Court Division erred in law in failing to consider the fact that as the writ petitioners' appointment was time bound under the appointment letter, any alleged internal consideration about ..Category: Employment/Service Law | Date: | Hits: 56
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....of his foster son, that passing of consideration as deposed by the scribe of Ext.1 in the proceeding under section 145 Cr.P.C. being of a professional deed writer in the absence of other independent witness can not be relied upon safely and as such the matter of passing of consideratio......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......the aforesaid order dated 18.3.1999.The learned Additional Metropolitan Sessions Judge 5th Court, Dhaka by judgment and order dated 31.10.1999 set aside the order dated 18.03.1999 and directed for appointment of a neutral third party as Receiver. 5. Being aggrieved the second party petitio..Category: Procedural Law | Date: | Hits: 154
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......on on 25.02.2004 discharged the Rule. 3.The learned counsel for the petitioner submits that the High Court Division committed an error of law by discharging the Rule in so far as to the appointment of Acting Nazir/Nazir as guardian in contravention of the provision of the Rule 843(1)(..Category: Property Law | Date: | Hits: 28
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not delegated relevant power of appointment "to the Managing Director (respondent No.2) for appointment and promotion of offic..Category: Employment/Service Law | Date: | Hits: 91
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ence passed by the trial Court. The High Court Division on assessment of the evidence and upon consideration of the materials on record arrived at the conclusion that: (i) Corroborative evidence by independent witnesses about recognition of the appellants is lacking, (ii) there is hardly any chanc......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......he holding of office of Mutawalli in the year 2000 that one Anowarul Islam Khan, son of late Yar Ali Khan and a member of the Third Group filed Writ Petition No.1746 of 2000 claiming entitlement to appointment as Mutawalli. In that case the Administrator of Waqfs filed an affidavit-in-opposition ..Category: Trust/Waqf Law | Date: | Hits: 199
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