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Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)

....tiable Instrument Act (as amended) in short the Act, stating, inter alia, that a cheque dated 09.02.1999 for a sum of TK. 25,00,000/- was issued by the accused petitioner which being presented to the bank had been returned to the respondent No.1 on 10.05.1999, 31.03.1999 and 20.06.1999 with the rema...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. Result: Leave is ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 36

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General   and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 119

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....nsars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect the Government arms and ammunitions and the Government proper­ties the Ansars opened bank fire and the miscreants started firing from all sides on the Ansars and consequently four pers......urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..............paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

....perty some miscreants took possession of the property illegally and managed to get it declared as abandoned property. Abdul Jalil died in Bangladesh leaving two sons Md. Karim and Md. Khaleque and bank deposit of Tk. 900/-. Md. Karim and Md. Khaleque obtained Bangladeshi nationality certificate ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development…………………….........Appell......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

....d Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the bank guarantees furnished by the respondents. 2. The writ petitioner respondents in Civil Ap......Ed. ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....ss II Officer. Following a departmental proceeding on the allegation of violating the Bank's Service Regulation the respondent was compulsorily retired from service by the Managing Director of the bank and the order was communicated by the General Manager, Head Office by order dated 04.06.1988. ......ivil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 122

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....cted the Government to hand over possession of the rest of the properties of the Corporation to the appellant as mortgagee of the said properties so that "the entire question of claims by the bank and possession of the petitioners may be settled as a package between them either by negotiati......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

..... 1 and 2 obtained demand draft from the Bank, the defendant Nos. 3 and 4 executed a receipt acknowledging receipt of said demand draft as well as promised to deliver the letter of allotment to the bank and also undertook to give necessary letter of authority in favour of the designated person o...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....n the above suit, from disturbing him from functioning as the shebait of the deity and realising rents from the tenants of the property of the deity and also from obstruct­ing him from operating the bank account of the deity. In the above suit Biswajit Dutta (Bhulu) also filed an application prayin......2008) 24, 19 BLT (AD) (2011) 07. ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......ocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Court Division in Criminal Appeal No. 1296 of 1994......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......er Chowdhury CJ Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Resul......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....Parishad and sub-section (2) details the disqualifications for election or nomination as, or for being, a Chairman or a member if he has defaulted in repaying any loan taken by him from any specified bank within the time allowed by the bank thereof vide clause (g). The explanation added as under:- ...... Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. R......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment December 5, 1989. Re......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......MH Rahman J ATM Afzal J Abdul Mannan Taluk­der……………………………………………………….............Appellant Vs. Bangladesh House Buil­ding Finance Corpora­tion and another..............Respondents Judgment December 12, 1989. Result: The appeal is......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....uit for realization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintiff-petitioner filed an ap­plication for mandatory injunction for return of the pass book deposited with the defendant bank. The trial Court allowed the application for mandatory injunction in modified form and directed......d in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..

Category: Banking Law | Date: | Hits: 99

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....e west; but when they reached the eastern end of the Bhanga Siraj told them that they need not proceed further as he would be able to cover the rest of the journey alone. So they stood on the eastern bank of the Bhanga while Siraj crossed the Bhanga; but when Siraj was climbing up the western end of......ported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....ant No. 3 describing herself as Managing Partner filed Civil Revision No. 336 of 1985. The battle was fought mainly on the ground that the defendants were not defaulters. They used to deposit rent in bank of the plaintiff with Eastern Banking Corporation (now Uttara Bank as was ar­ranged). But sudd...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..

Category: Criminal Law | Date: | Hits: 47

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....ents Judgment April 3, 1989. The Penal Code, 1860 (XLV of 1860), sections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the mo......3 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..

Category: Criminal Law | Date: | Hits: 44