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Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ť who is employed mainly in a managerial or administrative capacity; or who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. Considering the nature...... (AD) (1996) 62. ......ng Orders) Act, 1965, shortly the Act, on the reasoning that “these classes of employee of the bank are not meant for productive purposes” and, as such, the suit was maintainable. 3. Leave was granted to consider as to whether the learned Single Judge of the High Court Division upon proper in..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......ssain, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Civil Petition for Leave to Appeal No. 129 of 1994 (From the judgment and order dated 20.2.94 passed by the High Cour......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......s defendants for a declaration that the disputed property was not an abandoned property and that he has right, title and interest thereon on the basis of a registered deed of agreement and general power of attorney and for recovery of possession was dismissed on contest. The appeal of the petiti......gment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Record—For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......n 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under section 203 CrPC properly or not, but the High Court Division prejudiced the appellant......ellip;…………………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; ...... Magistrate to take cognizance of the offence and to issue process in accordance, with section 205(1) Cr. P. C. and pass any order subsequently at his discretion, if necessary. 7. Leave was granted to consider the appellant’s submission that the High Court Division exceeded its jur..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......and their learned Advocate were strangers in Manikganj. It is submitted when the safety and security of the accused and their learned Advocate were at stake the High Court Division did not lack any power to pass the impugned order. In Md. Sirajul Islam & others vs. Keramat Ali Bhuiyan & ......e appellant on 17 November, 1992 a case was started and the Police submitted charge sheet against the respondent on a December 1993 under Section 341/325/427/109 of the Penal Code, Respondents No.1 to 3 filed in the High Court Division an application under section 526 of the Code of Criminal Pro......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......ed 22 February 1990, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Or......;Petitioners Vs. Deen Mohammad Rana and another …………………….Respondents Judgment June 2nd, 1994. Case Referred to- Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1. L...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......mmending that the President direct the then DIT to issue a Letter of Allotment to the said Company. The then President knowing fully well that the allotment was illegal and outside the purview of his power gave a written order to the then DIT to issue a letter of allotment of the said plot to the sa...... November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Peti......his nature will not be on a par with the Indian decisions on the subject because our decision too will be tentative in nature and will not be binding on the trial Court. We therefore see no reason to grant leave to consider a question of constitutional importance when the occasion for such considera..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... by just means” the Courts insist that the person or authority should have adopted the above “elementary and essential principles” unless the same had been expressly excluded by the enactment empowering him to so act. 30. In saying this we are not unmindful of the necessity of maintaining ......No.73 of 1994) Rabiul Karim …………………………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involve......ke shelter for the safety and security of their lives. The other main contention was that the impugned action was taken without any notice to them and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ p..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......permission from BTTB. Pursuant to and as set out in detail in the Agreement BTTB issued a licence dated 25.3.90 (Annexure B) in favour of BTL under section 4 of the Telegraph Act, 1885 giving BTL all powers, authorisations, consents and permissions to provide, operate and maintain the aforesaid comm......………Respondents (In Civil Appeal No. 3 of 1993) Judgment April 19, 1993. Result: Civil Appeal No. 73 of 1992 is allowed. Civil Appeal No. 3 of 1993 is dismissed. Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Exe......adio telephone system, BTTB obtained leave in CA No.3 of 1993 against the judgment and order of the High Court Division making the Rule absolute in respect of the other three systems. 9. Leave was granted in CA No.73 of 1992 to consider whether any permission of BTTB was necessary to implement th..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....intment of a receiver and appointed the Circle Officer (Revenue) Sailakupa as the receiver of the property till disposal of the civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the rec......ceiver and appointed the Circle Officer (Revenue) Sailakupa as the receiver of the property till disposal of the civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a lon......rt of the Subordinate Judge, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8....... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......ernment in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ c......alil and others…….Respondents Judgment August 23, 1995. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. ...... any lawful authority and further directing the petitioner to put the respondents in possession of the disputed house without 3(three) months from the date of the order. 12. Leave was granted to consider whether the High Court Division had not acted as a Court of appeal in interfer..Category: Property Law | Date: | Hits: 57
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......p; Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......e decree in favour of all the plaintiffs or defendants as the case may be. If the said, provision be read with the provision of Order 41, rule 33, which provides that the appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or ...... others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kuma......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Bar...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......al under the provision of sub-section (1) of section 258. 5. As regards the first contention of Mr. Md. Jamiruddin Sircar that the learned Sessions Judge had no jurisdiction to exercise his power under section 437 CrPC, as the case against the petitioner was not exclusively triable by the......sp; Vs. Amatu Md............................Opposite Party Judgment November 9th, 1970. Cases Referred to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanar...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observed: "So far as the question of jurisdiction is concerned, we think that the Appellate Court had power to set it aside under section 423(d), Criminal Procedure Code, which authorises the Appellat......nbsp; Habibur Rahman J.- This was a Rule calling upon the Deputy Commissioner, Patuakhali and the opposite-parties to show cause why the order passed on 10.6.69 by Mr. Asafuddowlah, Additional Sessions Judge, sett......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. .................Opposite Parties Judgment November 5th, 1970. Cases Referred: SN Gupta & Co vs Sadananda Ghosh & others (1959) 11 DLR 470; Jamman Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and oth......ed enemy property and given in settlement. 3. In the said suit an application for temporary injunction till the disposal of the suit was filed by the petitioner before the learned Munsif who granted the petitioner's prayer for temporary injunction for judgment and order dated 24.7.69. The..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......mong others, incurring of expenditures on the employment of staff, their pay and allowances and TA and contingency. The appellant asserted during examination under section 342 Cr.P.C. that he had the power under the circular to incur expenditure of money up to 5% or even 7% out of total allocation f...... This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer ......filed a petition, Ext I, to the S.D.O. on 18.8.64 stating that he was a poor man with large number of dependants and had to work day and night in connection with Works Programme and prayed for a lump grant of Rs 300/-. The appellant passed an order on the margin of the petition directing payment of ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ...... 8. Thirdly, there are enough authorities to show that even if an area in question belonged to a separate Sub-division or police station, even then the local administrative authorities were empowered to allocate these areas to such functionaries. The order as contained in Annexure-'P' only ......hammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocates — For the Petitioners. Ruhul Islam, Attorney-General, AM Khan Chowdhury and Mr. Khan Advocates — For the Respondents 3-12. T...... The added-respondents filed their petition before the SDO, Sadar (North), Barisal, and prayed for quashing the proceedings. The SDO accordingly, on 3rd February, 1970 directed the receiver to stay granting of lease of the char land. In spite of that the Circle Officer, it was contended took step..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......onsider that even if the proceedings of the said Suit could not be stayed under the provisions of section 10 of the Code of Civil Procedure the same could be stayed in the exercise of his inherent power under section 151 of the Code of Civil Procedure. While developing the said point he has also.......Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secr...... same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any order Court in Pakistan having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Pakistan established or continued b..Category: Property Law | Date: | Hits: 86
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