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Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ...... Judgment July 21, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- Respondents. Civil Petition for Leave to Appeal No. 456 of 2007. (From the judgment and order dated 13.12.2006 passed by the High ......of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Repor......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......bul Kalam Mainuddin, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by the High......00/- as security money through Social Investment Bank Ltd. Agrabadh Branch, Chittagong. As per Rule 7(2) of the Chittagong Development Authority Residential Plots Allotment Rules (hereinafter called as the Rules), after scrutiny the application of the petitioner was accepted by the responde......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....es there was no liability to the defendant No. 1 with the plaintiff Bank; moreover the defendant No.2 deposited a FDR worth Tk.9,00,000.00 with the plaintiff and by its letter dated 22.8.85 empowered them to encash the entire amount of F.D.R. against any of the liabilities of the defendant ...... Involved: A.K.M. Mesbahuddin, Senior Advocate, instructed by Zahirul Islam, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 444 of 2007. (From the judgment and order dated 24.8.2005 passed ......o authority to open C.C. Account No.42 in the name of the defendant No.1 and as such the defendants are not liable or bound by any entry in that account; the officers of the plaintiff opened the so called C.C. Account No.42 with a view to cover up their misdeeds and to avoid liability; the defen...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....g the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not arbitrarily. We therefore, bold that the respondent No. 1 has exercised ...... The Appeal is allowed. Lawyers Involved: Mainul Hossain, Senior, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Abdur Razaque Khan, Additional Attorney General instructed by Ahsanullah Patuary, Advocate-on-Record - For Respondent No. 1. Amir......the law is authorized to insert special terms and conditions as postulates in sub-section (3) of section 5 of me Act in granting licence were law and order situation or prevalent social condition calls for insertion of such extraordinary terms and conditions. In the absence of special situatio......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....n not be prevented from enjoying the benefit of the decree which was obtained as for back as in the year 1986. 5. In elaborating this above point, Mr. T. H. Khan argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretio......p; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order date......984 in which the respondent Nos.1 and 2 were not panics. Under the facts and circumstances and in view of materials on record, we are of the view the respondents have no locus-standi to file the so called applications for staying the execution proceeding. If the respondents prove their case in t......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ...... Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. (In Civil Petition Nos.1419-1424 of 2005) Civil Petition for leave to Appeal Nos. 1317-1321 of 2005. (From the Judgment and Order dated June 28, 2005 passed b......f the corporation as well as under several industrial units of the BCIC. But their service is governed by the provisions of the BCIC Employees Service Regulations, 1988 in which it has been specifically stated that as 'public servants' they are subject to the provisions of the Public Servan......72(2002)/493 dated 04-12-2002, 174 employees of the Central Cadre of BCIC including the writ petitioners were "Paid off" (terminated) on the ground that the BCIC had decided in its 872nd meeting on 28-11-2004 to disinvest 08 industrial units and as such the BCIC employees who were work..Category: Employment/Service Law | Date: | Hits: 64
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......d. Lawyers Involved: Abu Shams Md. Khalequzzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the......at the accused withdrew the money but he did not hand over that money to the Managing Committee, rather misappropriated the whole amount of money; that the accused has not returned that money despite calls and reminders; thus the case was filed against the accused under sections 406/407/408 of the......hers and staff of the School for July, August and September, 1993 were not paid or paid by any other cheque or from any source. 11. It appears from another register of the said School that a meeting was held on 21-10-1993 at 2-00 PM under the Presidentship of late Md. Newaz Ali and in the s..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....y ex. p. Brand ((1991) 1 A.C. 696) while recognizing that the Courts could have recourse to the Convention when faced with an ambiguous statute refused to go a step further and hold that where wide powers of decision making were given to a minister by an unambiguous statutory provision, the minist......Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR ......he judgment or the finding in question. In other words, the error must not only be apparent, but must also have a material bearing on the face of the case. Errors of inconsequential import do not call for review." 42. In the aforementioned decision PLD 1979 SC 741 Supra it has further been he......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....he typographical error but the Administrative Appellate Tribunal did not at all consider this aspect of the case, The learned Deputy Attorney General submits that there was no lack of authority and power on the part of the Government to take action against the respondent and hence wrong quoting of......sh Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants Md. Aft......rvants (Discipline and Appeal) Rules, 1984 whereas the Rules of 1984 in the meanwhile have been repealed and replaced by the Rules of 1985. From the Rules of 1984 and 1985 we find that shoe are practically on similar terms and according to the appellant the respondent was given due opportunity as pe...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhak......ourt Division, in Writ Petition No. 683 of 1989). Judgment Mohammad Abdur Rouf J.– The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Divis......as hereunder:- "15. Final authority of a co-operative society.- The final authority of every cooperative society shall vest in the general body of members in general meeting: Provided that, in such circumstances as may be prescribed, the final autho..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....lness and the relationship of the illness with the nature of job performed by him and has rightly come to a conclusion as to his further usefulness in service bona fide on records. The use of power by the employer cannot be hedged with interpretative conditions which make the exercise ......M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur R......ve months immediately preceding the date of discharge." 4. The High Court Division held that the words "continued ill-health’' should not be interpreted lexicographically but must be interpreted along with the conditions resulting from physical or mental inc......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
..... 2. The short fact leading to these petitions is that Ibrahim Shah Waqf Estate was earlier enrolled under E.G. NO. 3543 by an order dated 7.7.1981, Administrator of Waqf in exercise of power under section 51 of the Waqf Ordinance appointed appellant and three others namely, Abdul Wah......eal No. 80 of 1998) Vs. Abdul Sattar Shah Chowdhury and others.............Respondents (In Civil Appeal No. 80 of 1998) Judgment July 21, 1999. Case Referred to- 43 DLR (AD) 128. Lawyers Involved: M. A. Wahhab Miah, Senior Advocate, ins......ted that section 43 of the Ordinance has not given any power to the District Judge to set aside whether appellant was benefited by sufficient cause in appearing before him when the appeal was called on for hearing. It is also contended that from the evidence on record it appeared that the a......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ...... Md. Abdul Matin J A.F.M. Solaiman Chowdhury.........................Petitioner Vs. Md. Mohibbullah & others ..........................Respondents Judgment October 30, 2007. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by M...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......urther direction was given to allow Kutubul Hasan Mollah to resume his duties and to reinstate Kazi Momtaz Shirin in the service of the college. Accordingly, the Governing Body of the college in a meeting held on 06.08.2002 decided to place the petitioner under suspension without issuing any sho..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....f which have been annexed with the application made therefore for marking as exhibits in support of his contentions in order to do complete justice. It has been submitted that this Court has ample power to accept the documents mentioned above and to send the case back for fresh trial on remand f......Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the petitioner herein. The defendant No.1 purchased the suit land by registe...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....ion from payment of the requisite tax under section 158(2)(a) of the Ordinance. The NBR thereupon by its order dated 30.9.2001 rejected the said application on the ground that the NBR had no more the power to exempt the writ petitioner from paying any tax after the amendment of sub-section (2) of se...... The petition is dismissed. The right of appeal is not a matter of procedure but a matter of substantive right. The provision of sub-section (2) of section 158 of the Income Tax Ordinance relating to modifying or waiving the requirement to pay certain percentum of tax as a condition precedent to ......x after the amendment of sub-section (2) of section 158 of the Ordinance by the Finance Act, 2000 since 1.7.2000. A Division Bench of the High Court Division on a preliminary hearing issued rule nisi calling upon the NBR to show cause why its aforesaid order should not be declared to have been passe......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....hich is Act No. XVI of 1975 and it came into force on 14th day of March 1975. In section 4 of this Act it has been provided as follows: Effect of acquisition.- (1) All deeds, bonds, agreements, power of attorney, grants of legal representation and other instrument of whatever nature in relati...... M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandk......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....ither in the application before the Administrative Appellate Tribunal. 4. The relevant provisions of regulation 28 of the Service Regulations are as follows: "(2) The power of awarding punishment to the employees shall vest in the competent authority: Pro......s held legally and the order of his dismissal was made by the competent authority as contemplated in regulation 28 of the Janata Bank Employees Service Regulations, 1981, hereinafter referred to as the Service Regulations. 2. The question arises in this way Respondent No. 1 who was p......erred a departmental appeal. He thereafter approached the Administrative Tribunal, Dhaka with an application under section 4(2) of the Administrative Tribunals Act, 1980, being Case No. 185 of 1991 calling in question the validity of the order of his dismissal. He alleged that the proceeding and ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
.... Judges of the High Court Division wrongly set aside the judgment and order of the court of settlement. He further submitted that the learned Judges of the High Court Division in exercise of their power under Article 102 of the Constitution fell in error of law in setting aside the order of the ...... 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazett......he High Court Division the Government failed to rebut the finding of the enquiry report that the properties are not abandoned and as such the judgment and order of the High Court Division does not call for any interference. He further submitted that neither the respondent nor his predecessor-in-......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....of discipline. It may be mentioned that the Export Promotion Bureau Employees Service Regulations, 1991 framed by the Board of Management with previous approval of the Government in exercise of the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette o......am Bhuiyan, Advocate-on-Record- For the Appellants. K.S. Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Fida M. Kamal, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Respondent Nos. 2 and 3.......st him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Rules, 1985 (hereinafter called "The Rules") which was not applicable to the petitioner. 6. Inspite of the......nior Assistant Secretary then by memo dated 23.7.1998 informed the writ petitioner that the appeal was placed before the Board of Directors of the Export Promotion Bureau and the Board in its 18th meeting held on 26.2.1997 took a decision that on legal ground the request to re-instate the writ ..Category: Employment/Service Law | Date: | Hits: 105
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....0. Mr. Mahbubey Alam, learned Additional Attorney-General in repelling the submissions of Mr. Huq, on the other hands, submitted that Sub-Article (2) of Article 7 of Bangladesh Passport Order, 1973 empowers the passport authority to impound a passport and in the instant case, the passport having bee......Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwa......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
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