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Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....bligatory counting of votes by the Presiding Officer after scrutiny of the ballot papers in the ballot box or boxes. After the voting is over it is a ‘must’ for the Presiding Officer to complete counting of votes except in the case or in a situation mentioned hereinbefore. &nbs......d. Ruhul Amin J Md. Fazlul Karim J Mozibur Rahman Moznu (Md)...........................Appellant Vs. Abdul Halim and others......................................... Respondents Judgment ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......in election matter except on a very limited ground of total absence of jurisdiction or malice in law and that not in a case where the consolidated sheet of the election result has been challenged, adjudication hereof needs to decide the disputed question of fact which is the exclusive jurisdicti..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......y CJ
Mainur Reza Chowdhury J
Gholam Rabbani J
Md. Ruhul Amin J
Md. Fazlul Karim J
Sultana Jute Mills Limited.................... Petitioner
Vs.
Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents
Judgment
June 3, 2001.
Res......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......ion is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Rokanuddin Mahmud, Senior A..
Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... in favour of Bangladesh Shilpa Rin Sangstha for all past loans of the company. The respondent No. 2 declared that he would continue to act as Managing Director till the legal formalities had been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualifie......; Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner Vs. Nafisa Choudhury and others...............Respondents Judgment May 22, 2001......ad violated loan agreement with Bangladesh Shilpa Rin Sangstha and ICB and other Banks. The company was paying respondent No. 2 and his wife salary and other facilities without any sanction by the proper authority as per Article 149 of the Articles of Association of the company and the company h...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....ermissible under the law. Mr. Pal further submitted that the amendments in question are not at all necessary either for the determination of the real questions in controversy between the parties or complete adjudication of the dispute as has been raised before the court. Mr. Pal, finally submitte...... SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Respondent. Civil Appeal No.36 of 1993. (From the judgment and Order dated 13-1-1993, passed by the High Court Division in Civil Revision No.828 of 1989). ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......e under the law. Mr. Pal further submitted that the amendments in question are not at all necessary either for the determination of the real questions in controversy between the parties or complete adjudication of the dispute as has been raised before the court. Mr. Pal, finally submitted that t..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... invoking the provision of Order 39 rules 1 and 2 of the Code of Civil Procedure and this Rule though relates to the subject matter of the suit but here the subject matter of the proceeding is on a completely different factor. 7. Syed Istiaque Ahmed, the learned Advocate ent......nbsp; Bangladesh Bank and others.......... Petitioners Vs. Zafar Ahmed Chowdhu......r name called, of a Banking company in the public interest or to prevent the affairs of a Banking company being conducted in a manner detrimental to the interest of its depositors or to secure the proper management of the Bank the Bangladesh Bank may by order remove from office such Chairman or ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... 238. When offence proved included in offence charged.- (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not prov......sp; Mainur Reza Chowdhury J Rajib Kamrul Hasan and 3 others ...................Appellants &nb...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil......tant evidence. 3. In para 9 of the application for review the petitioner stated as follows: “That according to the advice of the learn Counsel, the defendant Islamic Foundation Authority took proper steps through Bangladesh Embassy, in Pakistan to know definite regarding the said tenant Md. ......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ...... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Bangladesh Biman Corporation and others................Appellants Vs. Md Tipu Sultan &......lated by memo dated 30-12-95 are in no way inconsistent with the provision of the Ordinance and Organisation Order 15 of 1994, that to suit the set up in the line of respective trades and that for proper implementation of Organisation Order 15 of 1994, the Order has been issued and 6 posts of Ju......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......titled to a second show cause notice………………………(4) Case Referred to- Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD). Lawyers Involved: ......e we part with the judgment we must record here our appreciation of the labour and trouble undertaken by Mr. Abdur Rob Chowdhury, the learned Counsel who at out request helped this Division in the proper disposal of this matter. Ed. Th......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......164 ......Ghose and Kanai Chose filed an application for probate under section 276 of the Succession Act claiming that Dayal Chose had executed a Will on 2.5.1977, which was his last will bequeathing all his properties to them and‑appointed them the executors of the will. On 26.6.1991 respondent Gopa...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......:47 DLR (AD) (1995) 162.
......al is allowed with cost.
If there is misreading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. . . The suit b......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
..
Category: Property Law | Date: | Hits: 46
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....sed is no longer in existence having been set aside by a competent court of law." After observing as mentioned above, the learned Judges of the High Court Division "for doing complete justice" between the parties and in consideration of the fact that the peremptory hea...... ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95......e is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ex parte decree in execution whereof she was dispossessed is no longer in existenc...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......l) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &nbs......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......as an additional evidence by the lower appellate Court and it is not in the record of this appeal either. The respondent having not made the issue of authority competent to remove him a matter for adjudication, he cannot obtain a relief on a last‑minute production of a letter of appointmen..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Case is also Reported in: 47 DLR (AD) (1995) 149. ...... the conviction of the appellants is based on the solitary testimony of one eye‑witness who is a boy of tender age and he being a child witness his evidence needs careful scrutiny by us. 7. For proper evaluation and appreciation of the material evidence on record I will divide the evidence of ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ...... that the respondent No. 1 was served with a second show cause notice in reply to which he stated that he was not allowed to cross‑examine the witnesses and that two of his witnesses were not properly considered by the enquiry officer. The Tribunal further noticed that the enquiry officer e......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....ntrusted. The impugned order is therefore not a colourable exercise of power, he submits. 12. The provision of retiring a Government servant before the age of superannuation after an employee has completed a reasonably long period of service was there in the Fundamental Rule 56(j) in British Ind......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....the expediency, or the motive, political or otherwise, or bona fide of the President in making the Reference cannot be gone into, AIR 1974 (SC) 1682 and AIR 1979 (SC) 478. 87. I find myself to be completely unable to accept the reasons advanced by Dr. Kamal Hossain and Syed Ishtiaq Ahmed for ret......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......e Reference before the Chief Justice. The reference could not be addressed in that manner because the Reference was not to be to the Chief Justice in person but to the Court and the Registrar was the proper person to be addressed in such matter and it was for him to take the initial steps under the ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J......t Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khale......ade by the beneficiary when a vacancy or disqualification occurs. The petition follows a vacancy or disqualification which is a condition precedent, the existence of which is not dependent upon an adjudication by the Court in the same proceeding. Even in section 73 the word "opinion" i..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....amount was enhanced to Taka 41, 00,000.00 by an endorsement dated 25.7.90. In the night following 11.10.90 at about 2‑00 AM a fire took place in the plaintiff’s laboratory resulting in complete damage to the laboratory, furniture, medicines and machineries. The neighbouring people tr...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15......o the same directly repudiated the claim of the plaintiff by a letter dated 16.11.91 Ext, 11. It was stated therein that Janata Bank without having any insurable inoperable interest in the insured properties became a signatory to the insurance proposal and the plaintiff secured the insurance pol......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead......ecution in a subsequent suit which is not the case here. Mr. Karim then argued that the alleged power of attorney‑holder was not competent to proceed with the execution case in the absence of proper validation of the power of attorney. This contention is also unacceptable because the High ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
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