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Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......p; 2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Ten......ation of the materials on record arrived at a correct decision. The learned Advocate-on-Record could not point at any illegality or infirmity in the decision of the High Court Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as t......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... Other Suit No.70 of 1987 on the allegations, inter alia, that the defendant by publishing an advertisement in the Daily Azadi dated 23.2.1987 invited tender for sale of 4.6291 acres of hilly land together with two one-storied buildings thereon situated at Chatteswari Road, Chittagong. In ......lculated @ 25% of the bid money. The money was not paid. The plaintiff suggested amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was called upon to sign. Discussions and negotiations then followed but there was no decision. The plai......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... Ajmalul Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on- Record-For Respondent No. 4. Not Represented- For Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 710 of 2007. (From the judgment and order dated 20.5.2007 passed by the High C......No.4, as the lowest responsive bidder. 3. This case involves awarding of a contract pursuant to the International Tender floated by the respondent No.4, Bangladesh Bank, for its project called "Central Bank Strengthening Project" for supply, installation, testing and commis&......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....h, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegations of negligence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Ser......egligence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Services Regulations 1981 with a direction to submit written reply to the inquiry officer and he duly submitted his written reply deny&sh......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ..Category: Administrative Law | Date: | Hits: 104
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......il) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......ant Nos. 3, 4 and 5, got some false complaints filed against the petitioner by the defendant Nos. 3 and 4 and on the basis of two such allegations against the petitioner the Board of BOESL, in its meeting held on 9.9.1999, took decision to terminate his service without giving him any opportunity..Category: Employment/Service Law | Date: | Hits: 71
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......, General Manager of Bangladesh Bank, the respondent No.1, under section 17(1)(c) of the Bank Companies Act, 1991 (Act XIV/1991) informing National Bank Ltd, the respondent No.3, that the directorship of the appellant in that Bank has been automatically vacated on the expiry of two mont......1, under section 17(1)(c) of the Bank Companies Act, 1991 (Act XIV/1991) informing National Bank Ltd, the respondent No.3, that the directorship of the appellant in that Bank has been automatically vacated on the expiry of two months from 9.9.95. 2. The appellant obtained the ab......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....eign buyers, arranging capital, going into production in quickest possible time and making a commendable headway and due to above and also extraordinary pressure of work which was exaceserated due to power failure, political/labour unrest, flood and other export difficulties he could not take approp......Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by the High Cou...... himself was also present in the said meeting and subsequently the petitioner recorded the names of the above directors with the Registrar of the Joint Stock Companies; than an AGM of the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appo......s Act, 1994 holding that the above application is not maintainable. 2. The petitioner filed the above Matter No.4 of 2005 seeking condonation of delay for holding statutory first annual general meeting of Yongtai Industries Bangladesh Ltd, hereinafter referred to as the company, stating that h..Category: Business or Commercial Law | Date: | Hits: 151
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ue, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-8 & 10-49 Civil Petition for Leave to Appeal No.1491 of 2004 (From the Judgment and Order dated January 28, 2004 passed by the Hig......rd and perused the materials in the petition for leave to appeal. The learned Advocate-on-record for the petitioner failed to point out error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......s. The State………………………………………………Respondent Judgment October 16, 2006. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instr......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ...... 2. One Rafiza Bibi on 17.08.1999 lodged a First Information Report with Kotwali Police Station, District-Sylhet against the petitioner and others stating, inter-alia, that on 16.08.1999 a meeting was held to protest the death of one Raza Meah son of co-accused Zamir Ali and at about 4 t..Category: Criminal Law | Date: | Hits: 44
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... April 26, 2006. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Helal Uddin Mollah, Deputy Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondent. ...... Code of Criminal Procedure the accused petitioners made the following prayer: " Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to issue a Rule calling upon the Deputy Commissioner, Rajshahi to show cause as to why the transferring of th......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ...... Judgment May 4, 2006. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Sufia Khatun, Advocate-on- Record-For the Petitioner A.J. Mohammad Ali, Attorney General, (Helaluddin Mollah, Deputy Attorney General, with him) instructed by A. S. M. Khal......and order. In the application before the High Court Division the petitioner made the following prayer: "Wherefore, it is humbly prayed that, your Lordship would graciously be pleased to call for records issue a rule calling upon the opposite party to show cause as to why the proceedin......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......taque Ahmed, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 11. Not represented-Respondent Nos. 1-10. Civil Petition for Leave to Appeal No. 688 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Co......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..Category: Property Law | Date: | Hits: 52
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
.........A review can only lie if one of the grounds in rule 1 of Order 47 is made out, when the petitioner of a review fails to show any of such of grounds, his review petition can not be allowed. The power of review in not an inherent power. It must be conferred by the law either specifically or by......rd-For the Petitioner (In both the cases) Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 1500 of 2006 & 188 of 2007. (From the judgment and order dated August 23, 2...... the petitioner of a review fails to show any of such of grounds, his review petition can not be allowed. The power of review in not an inherent power. It must be conferred by the law either specifically or by necessary implication. Yet it must be remembered that power of review inheres in every......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..Category: Alternative Dispute Resolution | Date: | Hits: 193
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......lip;…………Respondent Judgment February 5, 2007. Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No. 4 of 2005 (From the judgment and order dat......n record accepted the death reference and dismissed the jail appeal. The leaned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is a......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ...... their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bahadur and Abdul Hafez Ahmed Talukder, their uncle, in the year 1351 B.S., took settlement of the same at a rental of Taka 14.50 and since then Abdul Hafiz Ahmed Talukder pos......ecord and misconstruction of the document and the conclusion arrived at by the appellate Court being based on the evidence on record, the appellate Court did not commit any error of law which calls for interference. 7. We are of the view that the High Court Division on proper co......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....idence and also the evidentiary value of the deposition of those witnesses, in Rule 23(4) of the Tenancy Rules which was added by Gazette Notification on the 7th of April, 1967, an additional power was given to the Revenue Officer to deal with cases involving fraud which was not covere......ip;……Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23, 2006. Lawyers Involved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hoss...... original landlord upon execution of a registered kabuliyat in the year 1943 and the language and terms of the kabuliyat indicate that the same is not such an agreement which will terminate automatically at the end of one year term as specified therein; the kabuliyat described the suit land ......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......olved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 passed by the ......rned advocate could not point out any misreading or non-consideration of the materials on record or any error, illegality or infirmity in the decision of the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... Lawyers Involved: Kamal-ul-Alam, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed by the Hig...... quantity of the land in the document filed by the plaintiff and the document filed by the defendant which was marked as Ext. 'Uma' the contention of the parties call for investigation and adjudication. Suffice it to say quantity of land which was made the......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....m and Articles of Association of a banking company stands void if the same contradicts with any of the provision of the Bank Company Act, 1991 and further section 45 of the Bank Company Act 1991 empowers the Bangladesh Bank to issue direction for securing proper management of any banking co......Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- Ghyasuddin Ahmed vs. Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul H...... has been held that the powers conferred under section 79(3) read with section 76(3) of the Companies Act 1913, which correspond to sections 85(3) and 81(2)of the Companies Act, 1994, the powers to call such a meeting are exercis-able by the High Court Division when the Court is of the view that ......ny or their re-election except the provisions of Section 91(2) which provides that not less than one third of the whole number of directors of a public company shall retire by rotation in a general meeting; the Bank Company Act 1991 also did not contain any such restriction with regard to the te..Category: Business or Commercial Law | Date: | Hits: 78
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
.... form nor the impugned judgment of acquittal calls for interference under the extraordinary jurisdiction on the ground canvassed before us". The High Court Division further observed that power under section 561A of the Cr.P.C in the instant case would have been exercised by the High Co...... Amin J M.M. Ruhul Amin J Md. Tafazaul Islam J Razia Khatun.......................Petitioner Vs. Idris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by A.S...... under section 561A of the Code of Criminal Procedure against an order of acquittal passed by the appellate Court is neither maintainable in the present form nor the impugned judgment of acquittal calls for interference under the extraordinary jurisdiction on the ground canvassed before us&......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..Category: Criminal Law | Date: | Hits: 36
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