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M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....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...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....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...... to sell the industrial concern. 5. Mr. M. Moksudur Rahman, learned counsel for the petitioner, it appears, raised two points for consideration of the High Court Division, 1) that the BSB having recalled the loan under Article 32 of the Order, it cannot proceed under Article 34 without first taki......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)
....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.......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)
.... 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 ......rticularly 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 in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation......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)
.... 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......filed applications to the President seeking justice but nothing was done and then he filed the aforesaid writ petition in which a Rule was issued in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why direction shall not be issued to them to revi...... 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)
....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......ision, however, themselves raised a question as to whether the application (writ petition) as filed was maintainable or not. It was observed that if the application is maintainable "surely we are called upon to answer the points raised by the learned advocate for the petitioner otherwise without....... 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. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
.... 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......ted the reference and altered the sentence of death to transportation for life (shall be imprisonment for life). 15. Mr. Jamiruddin Sircar, learned counsel for the appellant, submitted that the so-called dying declaration was highly doubtful and its probative value was little or nil and as such......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. ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned 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 petition is dismissed. Ed. ......sp; August 29, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented-Respondents Criminal Petition for Leave to Appeal No. 8 of 2004. Judgment: &nb......95(1)(c) of the Code of Criminal Procedure arrived at a correct 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 any interference. The petition is dismissed. Ed. ...... learned 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 petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......uhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs ......e view that the High Court Division on applying the principle of law as applicable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....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......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. ......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. ..Category: Property Law | Date: | Hits: 38
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: ......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: ......jibur Rahman and Shafiar Rahman each should acquire 20% of the allotted shares and the Company increase the paid up capital by issuance of further shares. Accordingly the Company on 01.07.1995 in the meeting of the Board of Directors allotted and issued 1, 24,000 ordinary shares of Tk.100/- each to ..Category: Business or Commercial Law | Date: | Hits: 109
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ellip;.........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner Not......a view to kill him but the Imam of the mosque informed them that he (the informant of the case) was not there and the they left and getting the information the aforesaid Md. Habibur Rahman (P.W.1) called the villagers through mike of the mosque to resist the miscreants belonging to Sarbahar......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 41
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For Respondent No.2 Not represented-Respondent Nos.1, 3-6. Civil Petition for leave to Appeal No. 738 of 2005 (From the Judgment and Order dated 24.05.2005 passed by the High C...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......the Deputy Director, Secondary and Higher Education Directorate under memo dated 11.09.2002 and that the Managing Committee was duly constituted. The newly elected managing Committee held its first meeting on 15.09.2002 and elected a Vice Chairman and also Co-opted a new member as per rules and ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... (appeared with the leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.4. Not represented-Respondent Nos.1-3 and 5-6. Civil Petition for Leave to Appeal No. 785 of 2005. From the Judgment and Order dated 16th May, 2005 passed by the Hi...... 16.05.2005 passed by a Division Bench of the High Court Division in writ Petition No. 158 of 2004 discharging the Rule. 2. The petitioner obtained Rule under Article 102 of the Constitution calling upon the respondents to show cause as to why the impugned award dated 05-01-2004 passed by ......hich the petitioner got the highest number of votes and accordingly he was declared as elected Chairman. The newly elected Managing Committee of Khetlal UCCA Lt. started its function and the first meeting convened and presided over by the Upazilla Rural Development Officer, Khetlal, Joipurhat wa..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....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......dgment wherein the High Court Division held that all employees of the project engaged in phase-I of the project shall be demand to be continued to be employees in phase-II of the project and emphatically submits that such finding is outside the ambit of the High Court Division in disposing ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......r Advocate, (T.H.Khan, Senior Advocate, with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners (In Civil Petition No. 612 of 2005) Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners (In Civil Petition......ointment as also further stipulating a "preference” for some other qualification does not ipso facto legally entitle the writ petitioners to be selected and appointed automatically. (d) The issuance of interview cards (Annexure-C series) specifically providing fo......y large (ottadhik) and as such the term of the advertisement itself has been violated by making the selection without holding any written examination. 16. Lastly he submits that in the meeting of PSC dated 27 April 1993 it was decided to include a representative from the department ..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......lul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by the High C......ation of Article 96 of the Constitution and as such the matter is required to be examined by this Division. Repelling the objection made on behalf of the respondent Dr. Hossain submits emphatically that the litigation in question admittedly affects the judiciary. A lawyer, the petition...... writ petitioner from his office as Additional Judge of the High Court Division. In the writ petition it was stated that the then President of the Supreme Court Bar Association in his address at a meeting of the lawyers alleged that inefficient persons have been elevated to the Bench and one of ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....y of Land by the Memo, dated 9.11.2003. It appears there has been confusion at the different levels of the Government connected with the requisition and acquisition of the land under the law empowering the Government to requisition and acquisition citizen's land as regard the meaning of exp......ring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.1......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......y, RAJUK to the effect that .85 acre out of 1.15 acres of land of C.S. Plot No.685 was requisitioned by initiating L.A. Case No. 91 of 1957-58 and later on in pursuant to the decision taken in the meeting of the Council of Ministers except .25 acre retained by the RAJUK the remaining land has be..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh repre......the writ petitioner participated in the bids submitting quotations for the materials listed in 14 items and on 4 consecutive occasions the highest quoted price being not satisfactory 5th call was made by publishing a fresh tender notice on 22 October 2003 and the petitioner again submi......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......alli Bidyut Samity.................Petitioner Vs. Md. Ali Reza……………....Respondent Judgment August 29, 2006. Result: The leave petition is dismissed. Case Referred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, Advocate instructed by Mahmuda Begum, Adv......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......angpur for declaration that the memo dated 10-2-1998 dismissing the plaintiff from the post of Line Technician, Rangpur Pally Bidyut Samity-1, Sathibari, Rangpur and the decision taken in 197th Board meeting of the said Samity on 29-3-1998 disallowing the appeal of the petitioner are void, illegal, ..Category: Employment/Service Law | Date: | Hits: 181
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