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Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... its directors, defendants Nos. 2-6 for realisation of Taka 89 lac and some odd. But, on an application by the said directors-defendants, their names were struck off by the Subordinate Judge, by an order dated 12 June, 1990, and in their place some other persons, namely opposite parties Nos. 7-1...... The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J and Latifur Rahman J. Rupali Bank Ltd .....................Plaintiff-Petitioner Vs. Tobacco Industries Ltd. and others .....................Defendant-Respondent..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......e to Appeal No. 532 of 1992. Judgment: ATM Afzal J.- This petition is from Judgment and order dated 30th June, 1992, passed by a Division Bench of the High Court Division, Dhaka, in Writ ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others…………Respondents Judgment ......man J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others……&hell..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......b Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 o......without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......dul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 75 of 1993. (From the judgment and order dated 27.7.93 passed by the High Court Division is Criminal Revision No. 933 of 1993) Judgm......ial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ...... Supreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hemayatuddin alias Auranga ……Petitioner Vs. State ..........................................Respondent Judgment August 26,..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......) and 9(b). Maksudur Rahman, Senior Advocate, instructed by B Hossain Advocate-on-Record-For the Respondent Nos. 10 and 11. Civil Appeal No. 79 of 1985. (From the Judgment and order dated 16.2.84 passed by the High Court Division Sy1het Bench in SA No. 554 of 1978). J......ismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......ord-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Nos. 1 to 8. No one for the Respondent Nos. 9(a) and 9(b). Maksudur Rahman, Senior Advocate, instructed by B ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ...... represented- The Respondent No. 1. Civil Appeal No. 66 of 1990. Judgment MH Rahman J.- This Appeal, at the instance of the Chittagong Chemical Complex, the employer, is directed against an order of the High Court Division summarily rejecting Writ Petition No. 118 of 1989 and refusing to i......t any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......matter is pressed before the Labour Court, it may not consider the case of the second party in ex parte proceedings. It appears from the impugned order that in the absence of Second Party‑Petitioner, the Labour Court took up the case for hearing ex parte and after hearing the First Party and..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......se with other people, he would not pay the money. 2. On December 10, 1992, the Thana Magistrate framed charge against the appellant under sections 406/420 of the Penal Code. By the impugned order dated January 10, 1993, the High Court Division refused to quash the proceeding in Criminal R...... refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......the goods, but the accused did not pay the balance within three days. Thereafter, on several dates the complainant, along with witnesses, went to the house of the accused and demanded the balance money, but without any success. On October 14, 1992, when the complainant again went to the house of..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......uty Commissioner, Manikganj, challenged the decision in revision, (Civil Order No. 982 of 1991); but it was summarily dismissed by a learned Single Judge of the High Court Division by the impugned order dated 27 March, 1991. Petitioner is now seeking leave to appeal from the said order. 2...... The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and othe..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......annot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other......Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......e disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. An application by a defendant under Order IX rule 13 C..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......ed 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgment: Mustafa Kamal J.- In this appeal by leave the accused‑appellant is aggrieved by the judgment and order dated 20.6.93 passed by a learned Single Judge of the High Court Division in Criminal Revision...... directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... of the Dowry Prohibition Act, 1980 was framed against the accused‑appellant only. The two other accused persons were not charged. At the trial the prosecution examined 6 witnesses and the defence none. The defence case was that the accused persons never demanded the release of mortgaged land or T..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
.... (and some odd) out of which the respondents-land owners received Taka 1.08 lakh (and some odd) in the period between 1968 and 1973. The Government issued a Notification on 26 July 1983, which was published in the Gazette on 11 August 1983, under section 5(7) of the Act finally acquiring the lan...... Abdur Rashid Gazi, Advocate, Supreme Court, instructed by MG Bhuiyan, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 63 of 1993. (From the judgment and order dated 30 October 1992 passed by the High Court Division, Dhaka in First Miscellaneous Appeal...... appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......correction, cannot be the date of the decree for the purpose of challenging it in appeal. Facts leading to this question are given below. 2. In LA Case No. 41/64‑65 the Deputy Commissioner, Dhaka, requisitioned the respondents' land measuring about 1.23 acres along with lands o..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... constitutional jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The appellants filed Writ Petition No. 330 of 1987 in the High Court Division challenging an order of requisition dated 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a no...... matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......n dated 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a notice dated 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......e suit premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit ...... The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......brothers while in possession entered into a contract on 11.12.55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was executed by the vendors in favour of one Mohammad Bakht, a benamdar of proforma‑defendant 3. Shakti Benode and his two brothers d..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
.... Corporation and the petitioner‑company were represented. Numerous problems were discussed and concrete decisions were taken in view of the proposed transfer. Thereafter the public notice was published to contact the Bangladesh Textile Mills Corporation on 15.8.77 "along with (a) their......nbsp; Badrul Haider Chowdhury J.- Those two petitions for special leave to appeal are directed against the judgment and order passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent ......h the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......ose two petitions for special leave to appeal are directed against the judgment and order passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent No. 1 as petitioner filed an application under Article 102(1)(a)(i) of the Constitution against the Government an..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......ssed by the High Court Division in Writ Petition No. 3901 of 1992). Judgment Mustafa Kamal J.- This appeal by leave by respondent No.4 in Writ Petition No.3901 of 1992 is from the judgment and order of the High Court Division dated 26.4.93 making the Rule absolute. 2. Respondent No. 1, Kaz...... reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......termediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated the writ petitioner's case was that the Managing Committee would have been constituted in terms of Regulation 4(l),..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... Judgment: Fazle Munim J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1......erefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... 4. In interpreting whether the word 'contract" as occurs in sub‑section 1 of Section B Part I of the schedule which confers jurisdiction in respect of "suit for the recovery of money due on contract, receipts or order documents" on the Union Council if the impugned claim..Category: Property Law | Date: | Hits: 70
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ....... Nawab Ali, Advocate-on-Record -For the Petitioners. Not Represented – The Respondent. Criminal Petition for Leave to Appeal No. 18 of 1994. (From the judgment and order dated 22.2.94 passed by the High Court Division in Criminal Appeal No. 54 of 1994) Jud......uestion of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......minal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 19..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....u by a narrow margin. Besides, respondent Nos. 5‑13(both in the Writ petition and in this appeal) were elected as members thereof in the same election. The names of those elected persons were published in the Official Gazette on 5.3.92. The writ petitioner came to know from a Memo. dated 1......1992). Judgment: Mustafa Kamal J.- This appeal by leave is from the judgment and order of the High Court Division dated 22.6.93 in Writ Petition No. 1389 of 1982, making the Rule N......he Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......it Petition No. 1389 of 1982, making the Rule Nisi absolute. Md. Abdul Mannan @ Manu, respondent No. 4 in the writ petition, is the appellant before us. 2. It was the case of the writ petitioner Md. Sajedul Hoque (respondent No. 1 herein) that he was elected as the Chairman of Dapunia Uni..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......Judgment: Badrul Haider Chowdhury J.- This appeal is directed against the judgment and order passed by the High Court Division in FA No. 68 of 1962. 2. The appellants are pl......94) 133 ......n the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties therein and, as such, the sale is a nullity and the m..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......tructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appeals. Ex Parte - Respondents in both Appeals. Civil Appeal Nos. 74 and 75 of 1989. (From the judgment and order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 14...... both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......aintiffs opposed the prayer for amendment of the written statement on the grounds firstly, that after close of plaintiffs case the defendants cannot amend the written statement raising new story from one of monthly tenancy to a case of permanent tenancy under the plaintiff. Secondly, the application..Category: Tenancy Law | Date: | Hits: 81
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