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City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....ahman J Mahmudul Amin Choudhury J    City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others………………………&......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......ature that directors of capital-generating institutions should not be allowed to flock together in a financial institution to control and monopolize the capital market……..(15) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader A..

Category: Business or Commercial Law | Date: | Hits: 106

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....kash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others……………………..respond......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... represent their companies’ share holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22)  Lawyers Involved: Dr. M. Zahir Senior Advocate, instructed by Sharifuddin Chaklader Advocat..

Category: Business or Commercial Law | Date: | Hits: 96

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

....ence the suit for declaration of title as also for a declaration that the notice of the said defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Bangladesh, represented by the Deputy Commissioner, Chittagong filed two separate written statements....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ase of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Recor..

Category: Tenancy Law | Date: | Hits: 82

Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)

....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5)  Lawyers Involved: Md. Abdul Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-o..

Category: Civil Law | Date: | Hits: 115

Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)

....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ...... Cases Referred to- Union of India vs. Ram Charan, AIR 1964 SC 215, Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10, Azimomiessa vs. Rup Gazi and others, 39 DLR 6. Lawyers Involved: Md. Abdul Hannan Senior Advocate, instructed by Md. Ataul Huq, Advocate-o..

Category: Property Law | Date: | Hits: 72

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ictim girl minor, she should be delivered to the custody of her father with option to produce the victim before the court as and when required for adjudication………………………(19)  Lawyers Involved:  MA Wahhab Miah, Advocate instructed by and Azra Ali, Advocate-on-Record...

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....fter the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as example......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......itate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10)  Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by SR Karmaker, Advocate-o..

Category: Criminal Law | Date: | Hits: 75

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....ahidur Rahman and others……………………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and shou...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......e disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon taking evidence………..(15) Lawyers Involved: Mohammad Nurullah, Senior Advocate, instructed by Sharfuddin Chaklader A..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......angar and another vs Hindu Religious Endowment Board, Madras, AIR 1949 PC 156, Syed A Jalil Vs. Mahbub Alam and others 46 DLR (AD) 96 and Md Shahjahan Vs. Md Sadek and anr 38 DLR (AD) 276. Lawyers Involved: Maksum-ul Hakim, Senior Advocate (Amirul Islam, Senior Advocate, with him..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... Ashraf Jute Mills, 44 DLR (AD) 452; Delwar Coil Foam Industries Ltd. vs. Bangladesh Shilpa Rin Sangstha, 11 BLD (AD) 345, Bangladesh Shilpa Rin Sangstha vs. Azizuddin Chowdhury, 18 BLD (AD) 144. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Mvi Md Wahidullah, Advocate-on-..

Category: Property Law | Date: | Hits: 77

SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)

....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a cheque of Taka 6,75,000.00 drawn on National Bank, that the complainant deposited the cheque on 23-12-95 in his account at Uttara Bank b......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......omplaint was filed long after that date (on which cause of action arose) and thus cognizance could not be taken upon such complaint which was liable to be quashed……………(8,10,11 & 13) Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record —..

Category: Business or Commercial Law | Date: | Hits: 145

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that charge……….(8) Lawyers Involved: Md. Marfat Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — ..

Category: Anti-Corruption Laws | Date: | Hits: 73

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......hellip;…….(8 & 9)        Cases Referred to- James Finlay Ltd. vs. Chairman, Second Labour Court Dhaka 33 DLR (AD) 58. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Subrata Chowdhury, Advocate with him..

Category: Labour and Industrial Law | Date: | Hits: 94

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Constitution of Bangladesh, 1972, Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e members of the public. …………………(3)  Case Referred to- Dr. Mohiuddin Farooque vs. Bangladesh and others 49 DLR (AD) 1. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Records— For the Petitioner. ..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ......ty in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure…….(9)  Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Abdur Razzak, Advocate wi..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....llip;……………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents ......ner from promotion list. 3. It was stated in the Writ petition that the petitioner was appointed as a Law Officer of the BSRS on 9-11-77 and was confirmed as Administrative Officer in the National Grade No. V on 28-11-78 and subsequently promoted on 9-3-83 to the post of Principal Offic......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......itioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribunal to entertain the grievance of the petitioner.…(9)  Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record..

Category: Employment/Service Law | Date: | Hits: 63

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

.... SARC Enterprise…………………………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak ......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......nk guarantee should be ensured…………………(4) Case Referred To: Commissioner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wa..

Category: Business or Commercial Law | Date: | Hits: 155

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

.... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitio...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......esh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul Islam, Attorney-General (BR Chhana, Assistant Attorney-General wi..

Category: Employment/Service Law | Date: | Hits: 72

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable to be quashed…………………(8)  Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Sha..

Category: Criminal Law | Date: | Hits: 69

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... Cal 99); Sreedhar Jew vs. Kanto Mohan, 50 Cal WN 14: (AIR 1947 Cal 213); Sushama Roy vs. Atul Krishna Roy, 59 Cal WN 779: (AIR 1955 Cal. 624); Sri lswar vs. Gopinath Das, AIR 1960 Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record&..

Category: Family Law | Date: | Hits: 156