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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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment July 10, ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment Ju......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

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

....e 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 III of which provides for 'election dis­putes'. It is n...............Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, ......ivision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Mahmudul Alam Mantu .........…………………………………..........Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment ......nat Kumar Maitra, 40 CWN 124; Kokku Parthasaradhi Naidu Grau Vs. Chintlachervu Koteswara Rao Garu and another, ILR 47 Madras, 369; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs. Md. K. Alam 29 DLR (SC) 295; Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Jamal Shah Vs. Election..

Category: Election Law | Date: | Hits: 102

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. ......ry J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Di­rector and another ………………….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent ......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. ......rom 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)

....owed. There is no order as to costs. Ed. ......sts. Ed. ......lant Vs Md. Abdul Jabbar Sheikh…………………Respondent Judgment   July 3, 2006 Cases Referred To- Bishundeo Vs. Seogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyalaya and another Vs. Dr. Rajkishore Tr...... merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......ent and perused the judgment of the High Court Division and other connected pa­pers. 5. The admitted facts are that the respon­dent as Managing Director of Engineers and Consultants (Bangladesh) Ltd. (ECBL) got the work of consultancy services for the pro­ject of construction o......te Division (Criminal) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Di­rector, Engineer and Consultants (Bd) Ltd. (BCB...... reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation ...... Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, P...... J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad Shafi and others…………………&hell...... Mohammad Shafi and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismai..

Category: Property Law | Date: | Hits: 41

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. ......1988 he was punished; that he was not fit to be favored with time scale; that he is not entitled to bonus claimed for in view of letter of the Ministry of the Finance dated 12.11.1974 and letter of Bangladesh bank dated 30.05.1975 and 17.09.1977; that according to the rules, benefit of leave pre......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. ......llant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with ..

Category: Employment/Service Law | Date: | Hits: 136

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

.... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......ir Husain CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Amirul Kabir Chowdhury J A.K.M. Farooq………………Appellant Vs. Bangladesh Biman Corporation & another………..Respondent Judgment ......J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Amirul Kabir Chowdhury J A.K.M. Farooq………………Appellant Vs. Bangladesh Biman Corporation & another………..Respondent Ju...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....rdingly allowed with­out any order as to costs. Ed. ......d with­out any order as to costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Government of Bangladesh repre­sented by the Deputy Commissioner, Patuakhali…… .Appellant Vs. Md. Nurul Haque & others……………............Responden......ccor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....low that the plaintiffs had failed to prove their possession in the suit land are cor­rect. 11. It is also not disputed that the plaintiffs did not approach the authorized officer of the Government of the then 'East Pakistan now Bangladesh i.e.(The Deputy Commissioner concerned) for r...... deed of exchange dated 30.01.1970. The trial court, the appellate court and the High court Division held that deed of exchange was not notarized nor authenticated by any authorized officer of the Bangladesh High Commission in India and when the suit was pending in the trial court, notarization ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......gent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......he clearing and forwarding agent of the plaintiff filed application before the Commissioner of Customs for completion of the pre-delivery proceedings and accord­ingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaint......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ...... Code read with Section 138 of the Negotiable Instrument Act against the petitioner stating, inter alia, that the afore­said  complainant  was  Assistant  General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mi...... R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement ......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement Novembe..

Category: Criminal Law | Date: | Hits: 44

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. ......sion (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Re...... 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. ...... Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: A.K.M. Mohammad Ali, Advocate, instructed by Md. Nawab Ali, Advocate on-Record-For the Petitioner A. B. M. Nurul Islam, Senior Advocate, ..

Category: Constitutional Law | Date: | Hits: 139

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....ies on business, inter alia, of manufacturing and marketing of bev­erage products having established a modern factory in Gazipur and after taking necessary licence from the relevant authority of the Government produced, "malt beverage" and the company markets its products under the trade name "Crow......otec­tion of life is 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 co......assir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. Senakalyan Bhaban (12th Floor) 195, Motijheel Commercial Area, Dhaka and ...... Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by Abu Sams Khalequzzaman, Advocate-on– Record-For the petition­ers. Rafique-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Judgement Amirul Kabir Chowdhury J. -..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

....reme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh, represent­ed by the Secretary, Ministry of Planning, Sher-E-Bangla Na...... Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh, represent­ed by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police&nb......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. ......hat the defendant No. P.  Petitioners (In both the cases). vs Jahangir Alam and ors……………Respondents. (In Civil Petition No. 135 of 2005) Md. Mostafa Kamal and ors......Respondents (In Civil Petition No. 136 of 2005) Judgement ..

Category: Others | Date: | Hits: 87

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

....Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Raman, Dhaka and others.......d J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the ......istry of Health and Family Welfare, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Raman, Dhaka and others....... Petitioners (In Civil Petition No. 727 of 2005) Vs. Dr. Shyam Sundar Kundu (FCPS) and oth­ers.... Respondents (In both the cases) ...... 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. ..

Category: Employment/Service Law | Date: | Hits: 86

Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)

....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4  and that he  also deposited Tk. 8,00,000/- as transfer fee for the property in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The High Court Divi......Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents ......arned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

....ker Mahbubuddin Ahmed, learned Senior Advocate appearing for the respondent No. 4 in Civil Petition for Leave to Appeal No. 392 of 2005 submits, inter alia, that the suit property belonged to the Government which was handed over to Dhaka City Corporation and the City Corporation leased out the ...... 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. ......baria Dokandar Howkers Samity, rep­resented by its President Md. Shah Jahan…………………….Petitioner (In Civil Petition No. 523 of 2005) Vs. Fulbaraia Adrasha Market Khatigrastha Dokandar Kallyan Samabay Samity Limited and others......aria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mahanagari Fulbaria Dokandar Howkers Samity, rep­resented by its President Md. Shah Jahan…………………….Petitioner (In Civil..

Category: Civil Law | Date: | Hits: 120

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....nt No. 1 instituted Writ Petition No. 2454 of 2004 challenging the order communicated under notification dated 20.04.2004 issued by the Secretary Ministry of Law Justice and Parliamentary Affairs, Government of Bangladesh (respondent No.3,) intimating that the President of the Republic has remov......ent: Syed JR Mudassir Husain CJ MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J Md. Idrisur Rahman, Advocate, Supreme Court of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka…………………&he......Rahman, Advocate, Supreme Court of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgeme...... the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 97

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

.... runs over plot No. 685 covering a area of.15 acre and 0.29 acre of land which previously pos­sessed by the tenants of Barada Kanta Chakravarty now is being possessed the ten­ants under the Government, that Barada Kanta Chakravarty did not sell .81 acre of land or any land to the plaintif......emo, dated 22.11.2003 furnished the information. The contents of the said Memo, runs as follows:          "Government of Bangladesh Office of the Deputy Commissioner, Dhaka  &nbs......d. ...... merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 40