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Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....by the Managing Director. It is not denied that the Board was the competent authority to remove the petitioner from service and that, as a matter of fact, the dismissal of the petitioner followed a resolution of the said Board. The decision of the Board of Directors to remove the petitioner from s......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
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ...... charge. The defence of the accused, lessee Rash Mohan Adhikari, was that he did not know how his lease-deed was interpolated in the office of the District Fishery Officer, nor did he claim the disputed fishery—Bhajandhi to Nilakhi—on the basis of the lease-deed, but he claimed it under a ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......gestion admitted that এই সমস্ত জমি এখন বিক্রেতারা দখল করে etc. are not even remotely relevant as mitigating facts. There may have been some dispute in the past between the informant and the appellant but that does not provide any justific..Category: Criminal Law | Date: | Hits: 65
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......ion should be exercised on proper consideration of facts including balance of convenience and avoidance of multiplicity of litigation likely to arise in case of reversion of the decree. There is no dispute that mere filing of an appeal is not sufficient to warrant stay of execution of the decree..Category: Civil Law | Date: | Hits: 117
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh ..Category: Election Law | Date: | Hits: 152
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....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; ......Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 while staying in the house of Izzatullah C..Category: Property Law | Date: | Hits: 67
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......e District Judge, Barguna and operation of the judgment and decree was stayed on7.8.2003, in the meantime the second party threatened the first party and tried to reap away the paddy from the disputed which created ah apprehension for peace and hence the first party initiated the proce..Category: Criminal Law | Date: | Hits: 70
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
.... took a loan of Tk.72,000/- from the Sonali Bank, Savar Branch as per decision of the concerned authority and she duly repaid the loan and the fact of repayment was noted with satisfaction in resolution No.2 dated 9.5.1986 of the Upazila Central Co-operative Association, Savar to which the ......proceeded with the appeal in clear violation and total disregard of the direction in notification issued by the Ministry concerned. In view of the discussions made above I hold that the dispute between the parties came to an end in view of the order of reinstatement of the plaintiff ..Category: Employment/Service Law | Date: | Hits: 73
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......tal where attending doctor declared him dead. The injured driver was being treated at Dhaka Medical College Hospital. A number of neighboring persons witnessed the occurrence. There had been a dispute regarding business between the deceased and the accused Boston. In fact informant's decease..Category: Criminal Law | Date: | Hits: 31
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....f markings of field experience which was according to ho him, in violation of the Padannoti Nitimala and also discriminatory against the field officers and the Chairman thus instead of vetting the resolution disagreed with the same and advised RAKUB Management to submit to the Board a memo...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ...... such amendment will not change the nature and character of the suit, rather such alternative prayer should be considered necessary for the purpose of effective adjudication of the matter in dispute and for doing the complete justice in the matter avoiding multiplicity of suits and proceed..Category: Property Law | Date: | Hits: 39
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... not make his application before the Administrative Tribunal non-maintainable. He relies upon the case of A. K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113. 8. Mr. B. Hossain does not dispute that if no appeal is available to the respondent and a review only is available to him the..Category: Criminal Law | Date: | Hits: 33
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......r due to some special circumstances such as danger to the property and as a general rule the appointment of a receiver in a partition suit has not met the approval of the Court; the existence of a dispute offers no ground whatsoever for appointing a receiver; in a partition suit between the memb..Category: Property Law | Date: | Hits: 36
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......esaid case is fully applicable in the instant case. The last contention of the learned Counsel is of no substance in the background of the facts of the case in that in the instant case there is no dispute as to the seniority of the Senior Accountant and the Junior Accountant. The other contentio..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......eached there at 7.30 A.M. Leaving the Honda there, they along with P.W.5 started on foot for the house of her maternal grandfather (Nana Shashur) at village Ramgoti for the purpose of salish over a dispute between condemned prisoner Joynal Fakir and his brother Mohir Fakir. When they reached in ..Category: Criminal Law | Date: | Hits: 36
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....notices (Annexures-H and I). Despite the Court's order of stay, the Bank at the initiative of its present Chairman illegally called 64th Board Meeting on 8.7.2001 (Annexure-J) and in that meeting a resolution was adopted to cancel the directorship of the aforesaid original directors. Upon receivi......n is held to be no bar to initiate proceedings under the Companies Act inasmuch as section 3 of the Companies Act has not barred rather gives certain jurisdiction to High Court in order to resolute dispute under the Companies Act under its original jurisdiction. Though section 9 of the Code..Category: Business or Commercial Law | Date: | Hits: 147
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......16-11-1996, divorced his wife, who at that time was serving in Prisons Directorate, because of her involvement in an office-centred adultery matter; then in view of her letter dated 22-12-1996 the dispute over custody of his two sons was settled; in the year 1998 his above divorced wife in collu..Category: Employment/Service Law | Date: | Hits: 68
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......is seemingly attractive submission has got no force. Whatever right the appellant has under P.O. No. 26 of 1973 can be modified, regulated or taken away by an amendment of that Order. There is no dispute as to the principle that the legislature can, subject to the provisions of the Constitution,..Category: Constitutional Law | Date: | Hits: 170
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.......sult: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the whole scheme of the election law is..Category: Election Law | Date: | Hits: 173
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......plicant has no personal interest in the matter." 18. From the aforesaid provision of law it appears that where the applicant appears to have no personal interest in the matter in dispute an injunction cannot be granted. Firstly it is yet to be decided whether the plaintiff in t..Category: Property Law | Date: | Hits: 33
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