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M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......xceeding the limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person or persons whatsoev......;………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appoin......ip;………………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was ..Category: Business or Commercial Law | Date: | Hits: 100
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......yer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacation Bench on mi...... for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacation Bench on misre..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....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 ......aying 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 leave to appea......ence is that whereas it can be done through the intervention of Court under Article 33, it can also be done without such intervention under Article 34. The argument that Article 34 cannot be resorted to without complying with Article 33 overlooks the absurd consequence that in that case Article 34 i......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.......Centre and no re-poll be taken in Joygunnessa High School Centre." It appears that the Chief Election Commission and the member endorsed the view on 31.3.88. Dr. Kamal Hossain canvassed that this power could not be delegated to the Secretary to the Election Commission and submitted that the El...... is dismissed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a decision, on such note later on cannot be said to be order of the secretary as because the impugned order was the order that emanated from the elec......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)
....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. ...... Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregul......of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity ......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
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... 8.1.86 under Regulation 11 of Martial Law Regulation No. 1 of 1982. The respondent filed an application to the Chief Martial Law Administrator on 16.5.86 praying for justice, apparently invoking the power of review of the order made against him, under Order 1A of MLO 9. Upon examination of the reco......sed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of marti...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......he opportunity of proving his said grievance. 7. The Dhaka Municipal Corporation Ordinance No. XL of 1983 in Chapter II provides for election of Commissioners for the wards. In exercise of the powers conferred by section 157 of the Ordinance, the Government framed the aforesaid Rules, Part II......dication of election tribunal cases of Dhaka City Corporation. It does not exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no word of finality attached to the decision of the election tribunal in the rules. Even if there was any, jurisdiction of the Hi......on Parishad and the Upazila Parishad Ordinance. It was, therefore, concluded that the writ petition as filed was not at all maintainable and accordingly it was rejected. 5. Leave to appeal was granted to consider whether the view taken by the High Court Division as to the maintainability of t..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... full senses and put his LTI on the same. In this connection, I may point out that there are many cases in which more extensive and severe injuries were sustained by the victims, yet they had the power of volitional act and in many cases the victims were able to perform some act as that of walki...... Judgment March 8,1990. Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason w......has succeeded so far in persuading the court to act upon the said statement of the deceased notwithstanding the infirmities attached to it as pointed out ceaselessly by the defence. 6. Leave was granted to consider whether the only evidence against the appellant being the alleged dying declarat..Category: Criminal Law | Date: | Hits: 44
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......62 and in return thereof plaintiff got the 'Ka' schedule property in the then East Pakistan, that Amioyo Nath Sarker and others, the owners of the 'Ka' schedule property, executed and registered a power of attorney on November 27, 1962 appointing the plaintiff as their constituted attorney ......hwavidyalaya and another Vs. Dr. Rajkishore Tripathi and another, AIR 1977 SC 615; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abdus Salam...... authenticated on December 31, 1962, that war having had broken out in 1965 between India and Pakistan and as such embargo was put on the registration of the exchange deed of the migrant from India, that in 1968-69 the said embargo having had withdrawn the plaintiff on April..Category: Property Law | Date: | Hits: 38
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......lip;……………Appellant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitione......ssed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declaration reinstatement as well as LPR benefit are ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......es). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for leave to ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ...... Vs. Md. Nurul Haque & others……………............Respondents Judgment November 8, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General instructed by B.Hossain, Advocate-on-Record-For the Appellant Syed Mahbubur R......oration of Civil Revision No.1635 of 1995 before the High Court Division and the learned Single Bench of the High Court Division rejected the same by the impugned order. 8. Leave was granted to consider the submission that having regard to the fact the local investigation was a..Category: Property Law | Date: | Hits: 31
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ...... Nawab Ali, Advocate-on-record-For the Petitioner (in all the cases) A. K. M. Shahidul Huq, Advocate-on-record-For Respondent No.1 Respondent Nos.2-15-Not represented Civil Petition for Leave to Appeal Nos.139-141 of 2005 (From the Judgment and Order dated November 3, 2004 passed by the H......d thus the High Court Division committed error of law occasioning failure of justice. 8. The submissions made by the learned Counsel for the petitioner merit consideration. Accordingly leave is granted. Security of Tk. 1,000/- is to be deposited within one month in each of the cases. The..Category: Property Law | Date: | Hits: 35
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ...... more than right to trade and as such the impugned judgment cannot be maintained. 9. He further submits that Article No. 18 of the Constitution of the People’s Republic of Bangladesh clearly empowers the Government to take appropriate measures to save the people of the country from any poss...... ......n writ petition No. 6818 of 2004 making the rule absolute. 2. Respondent Nos. 1 and 2 filed writ petition No. 6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant licence in favour of the writ petitioner No. 1 under section 11 of the Narcotics Control Act, ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....in the Project Proforma by the DPEC operating to the detriment of the petitioner's interest in securing continued employment in the project are products of arbitrary and irrational exercise of discretionary power. As a consequence, the impugned orders in Annexure-P, Q and R flowing from......nt Protection Services (SPPS) Project for the period from July 1991 to 30th June 2002 and were appointed absolutely on temporary and contract basis and that sometimes infrastructures along with manpower of a project are transferred to revenue budget after completion of the project. But this...... 2005) Md. Mostafa Kamal and ors......Respondents (In Civil Petition No. 136 of 2005) Judgement March 9, 2005. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioners (In b...... made at the Bar and perused the materials on record. 10. The submissions made on behalf of the petitioners appear to have substances and merit consideration. 11. Leave is, therefore, granted to consider the following grounds: 1.For that the project was implemented by the of..Category: Others | Date: | Hits: 87
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......Petitioner (In Civil Petition No. 523 of 2005) T.H. Khan, Senior Advocate (Abdul Quayum, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1 to 3 (In Civil Petition No. 392 of 2005) Khandaker Mahbubuddin Ahmed, Senior Advocate (MA. B......assan Ariff learned Senior Advocate appearing for the petitioners in Civil Petition No. 392 of 2005 submits, inter alia, that an order of mandatory in junction is very sparingly allowed. It can be granted if any body is dispossessed in violation of the order of injunction but in the instant case..Category: Civil Law | Date: | Hits: 120
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......iscontinued by notification under section 25A of the Customs Act, inasmuch as section 25(7) is unconstitutional as being hit by excessive delegation and manifesting unfettered, unlimited delegated power. 7. It is now a settled principle of law that whatever may be the position on the date......Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....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. ......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. ......in J Kazi Md Abdul Kuddus and another……………Appellants Vs. Kaimon Bewa and others...........................Respondents Judgment October 18, 2006. Case Referred to- Solaiman (Md) vs Siifia Akhtar ......remises in suit by the plaintiffs. The High Court Division also held that the trial Court was quite correct in holding that the defendants are defaulters in the payment of rent. 6. Leave was granted to consider the contention that the High Court Division was in error while discharging..Category: Property Law | Date: | Hits: 46
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. ......ve been the Directors for six consecutive years or more will cease to be the Directors of a banking company in the next annual general meeting; on the same date Bangladesh Bank, in exercise of its powers under section 45(1) of the Bank Companies Act, 1991, issued another circular being BRPD Circ......ner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by th......awful authority; against the above judgments Bangladesh Bank moved the Appellate Division in civil petitions for leave to appeal which are pending for hearing but interim orders of stay having been granted by the Appellate Division in civil miscellaneous petitions the company be allowed to hold ..Category: Business or Commercial Law | Date: | Hits: 99
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ...... Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving a strained meaning to the term "manufa...... from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving a strained meaning to the term "manufacture" and directing the respondent to pay the excise duty on footwears not mecha......ured them non-mechanically without the aid of any power, steam or gas, are not liable to any levy or excise duty under the aforesaid notifications. This Rule must therefore succeed." 10. Leave was granted to the appellants for consideration of the following contentions: that as the questioned foo..Category: Fiscal/Taxation Law | Date: | Hits: 114
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