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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 ......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment Ma......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgme..

Category: Banking Law | Date: | Hits: 117

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, ......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Re­spondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989.......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..

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, ...... (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bhusan Sen Vs. Sanat 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......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 ..

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 ...... Appellate Division (Civil) Present: Md. Ruhul 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 …&hellip......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)

....owed. There is no order as to costs. Ed. ......sts. Ed. ......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Is­lam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli......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..

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...... 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. (BCBL) Judgment       January 17, ......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..

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......t Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad S...... 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..

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...... leave to Appeal No. 1812 of 2002 Judgment           Md. Fazlul Karim J.-  The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88......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. ..

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 ......orporation & another………..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Ad­vocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Peti­tioner. Mushfiqur Rahman, Advocate-on-Reco......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..

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. ......-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) ...... (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..

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 ......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......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. ..

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......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not repre­sented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ......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...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement November 15, 2005. ...... R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement ..

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...... 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 ...........Respondents Judgement March 28, 2006. Lawyers Involved: ...... 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. ..

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......ion (Civil) Present: Syed JR Mudassir 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) ......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 ..

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......iz J Amirul Kabir Chowdhury J Government of Bangladesh, represent­ed by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police  Station Mohammadpur, District-Dhaka and oth­ers…………………………&hell......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)

....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 ......ourt Appellate Division (Civil) Present: Syed 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 t......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) ..

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...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005......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 ..

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. ......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah......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..

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......of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgement April 25, 2005 ......Rahman, Advocate, Supreme Court of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgeme..

Category: Others | Date: | Hits: 97