Affidavit Affidavit stands for ‘halafnama’ in Bangla. An affidavit is necessary for different purposes. In the Court, most of the documents need to be submitted through affidavit such as plaint, petitions etc,. There is Order XIX in the Code of Civil Procedure on ‘Affidavit’. There are Supreme Court Rules (AD and HCD Rules) on Affidavit. Affidavit before Supreme Court should be sworn in by Commissioner of Affidavit and before District Judge Court on civil matters should be sworn in by ‘Sherestadar’ and in criminal matters Before Magistrate Court through Bench Officer. The Notary Publics under the Notary Ordinance, 1961 is also authorized to sworn other types of Affidavit. Affidavit should be written in stamp paper of taka 100 to 200 based on the purposes as per Stamp Act, 1899. An Affidavit must be written from the front page of a stamp and if not completed (dummy/ cartridge) may be used. Before High Court Division an Affidavit in opposition is used like a written statements used before a Civil Courts. A supplementary affidavit is also used to add anything in a petition before the Supreme Court. An affidavit on company matters is used to comply Court orders. Ain-qanoon.com included different types of affidavit as part of its online law teaching such as- (Read the following pages for details)

1. Affidavit for Court Purposes 2. Affidavit for correction of birth date 3. Affidavit for correction of name 4. Affidavit of Muslim Marriage (it is an evidence not due process of Muslim

marriage which must be registered by kazi under the Muslim Marriage Registration Act, 1974).

5. Affidavit to Compromise a Criminal Case 6. Affidavit as Joint Owners 7. Affidavit in Compliance on Company Matters before HCD 8. Affidavit in Compliance on Company Matters before High Court Division 9. Affidavit in opposition on behalf of the respondents before HCD.

10. Affidavit in opposition on civil revision before HCD.

11. Affidavit in opposition on writ before HCD.

12. Affidavit in opposition on writ before HCD (Banking matters).

13. Affidavit in compliance on company Matters.

14. Affidavit in reply on a writ before HCD

15. Supplementary Affidavit Before HCD of the Supreme Court

16. Supplementary Affidavit Before HCD of the Supreme Court

17. Affidavit for contract of Pupilage to become a lawyer

18. Forms of Contract of Pupilage to become a lawyer

1. Affidavit for Court Purposes

Affidavit I, …………………………………………………. Son of

……………………………….. of an employee Of Talukder Foundry Limited, 1449,

Ranges Electronic Bhaban (1st floor), Jessore, aged abouty faim, profession- Job holder,

by nationality- Bangladeshi by birth do hereby solemnly affirm and say as follows:

1. That, I am the Officer of the company and I am fully acquainted with the facts

and circumstances of this suit and as the tadbirkar of the suit I am competent and

authorize to swear this affidavit;

2. That the statements made herein above are true to the best of my knowledge and

belief and in testimony whereof I set my hand this….. day of August, 2010

before the Commissioner of Affidavit of this Court at about …..am/ pm;

DEPONENT

………………

Prepared in my office The deponent is known to me and identified by me Advocate

2. Affidavit for correction of birth date

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3. Affidavit for correction of name

Affidavit for Correction of name:

Before the Notary Public of Dhaka, Bangladesh.

AFFIDAVIT I, Md Abdur Rahman, son of Md. Moshiur Rahman of Village: Krishnabati, Post Office: Chanchra, Thana: Sadar, District: Jessore, at present residing at House: 2/A, Road: 19, Sector: 7, Uttara, Dhaka-1230, aged above 21 years, by profession student, by faith Muslim, by Nationality Bangladeshi by birth do hereby solemnly affirm and declare as follows:-

1. That my name mistakenly appeared in both of my S.S.C. and H.S.C. certificates as “Abdul Rahman”.

2. That my name is Md. Abdur Rahman and as such I have made correction to my name from “Abdul Rahman” to “Md. Abdur Rahman” before the Notary Public and from now my name is “Md. Abdur Rahman”.

3. That the statement made above are time to the best of my knowledge and belief and in witness whereof I sign this affidavit before the Notary Public on 1st day of January, 2015, Dhaka, Bangladesh.

(Abdur Rahman)

______________________ Deponent

That the deponent who signed in my presence is known to me and identified by me before the

__Ahsanuzzaman_________ Advocate

4. Affidavit of Muslim Marriage

BEFORE THE NOTARY PUBLIC, DHAKA, BANGLADESH.

"AFFIDAVIT OF MARRIAGE"

Deepika Rahman, D/O. Arfan Rahman and Nasrin Rahman of House No. 2A, Apartment

No. B-2, Road No. 16, Block- F, Banani, P.S. Gulshan, Dhaka-1212, date of birth

26/12/1996, by Religion-Islam, by profession- Student, by Nationality- Bangladeshi by birth.

A N D

Fuad Rahman, S/O. Late Abdur Rahman and Sultana Rahman of 1/1, Ring Road,

Shyamoli, Dhaka, Bangladesh, date of birth: 10.01.1994, by Religion- Islam, by

Profession- Student, by Nationality- Bangladeshi by birth, we both do hereby solemnly

affirm and declare as follows:-

Notary Public, Dhaka, Bangladesh on this the 1st day of January, 2015.

1. That I, Deepika Rahman and Fuad Rahman we both have attained maturity and

feel of understanding, what is right and what is wrong.

2. That we fall in love each other for a long time. We love each other from the Core

of our hearts.

3. That our love affairs developed in such a manner that we are unable to live

separately anymore and we have decided to marry each other toady i.e. 02-07-

2015 and we will have get married each other in presence of the witnesses.

4. That our guardians and relatives are not willing in our marriage, hence we will

marry each other according to our religious formality i.e. Muslim Nikah Act to

our sweet will and without any influence or coercion. We want to lead a conjugal

life with happiness and peace. We now solemnly undertake that we will live

together in future as husband and wife forever.

5. That, I Deepika Rahman do hereby specifically and specially solemnly declare

that Fuad Rahman did not coerce, tempt or influence me to get married him it is

my voluntary and free decision as a sui juris.

6. That, I, Fuad Rahman do hereby specifically and Specially solemnly declare that

I shall abide by the Shariat of Muslim Nikah Act and I always and ever will good

behave with my beloved wife and will live with her peacefully and will guide and

maintain her Parda Pushida and will never misbehave with her all along and will

live with peace and harmony.

7. That our Kabin Nama was fixed by our mutual consent Tk. 7,00,000.00 (Taka

Seven lac) only.

Verification

Whatever is stated above is true to our

knowledge and belief. We conceal nothing and

no part of it is false. We put our Signature in

this verification today the 2nd day of July,

2015.

Deepika Rahman ______________________

Signature of the deponent No. I.

Fuad Rahman

___________________________

Signature of the deponent No. 2.

The deponents are known to me and Identified

by me and they put their Signature in my

presence before the Notary Public, Dhaka,

Bangladesh.

Ahsanuzzaman

______________________________

Signature of the Identifying Advocate

5. Affidavit to Compromise a Criminal Case

Affidavit to Compromise a Criminal Case: Before the Notary Public of Dhaka, Bangladesh.

AFFIDAVIT I, Shamim Islam, son of Late Nurul Islam, aged about 50 years of Village: Karkathi, Post Office: Satmail, Thana: Chougacha, District: Jessore, at present residing at House: 2/A, Road: 18, Sector: 9, Uttara, Dhaka-1230, by faith Muslim, by profession a businessman, by Nationality Bangladeshi by birth do hereby solemnly affirm and declare as follows:-

4. That out of misunderstanding I filed Uttara P.S. case No. 100(3)2015, u/s 406,420 (Penal Code) against my business partner Akkas Ali, son of late Mohammad Ali, House: 2/A/1, Road: 20, Sector:64, P.S.:Uttara, Dhaka-1230, Bangladesh.

5. That at the request of common friends and relatives I have decided to compromise the aforesaid case out of the Court.

6. That the sections involved in the aforesaid case are compoundable.

7. That the statements made hereinabove are true to the best of my knowledge and information and in truth whereof I sign and swear this affidavit appearing before the Notary Public, Dhaka, Bangladesh on this the 1st day of July, 2015.

(Shamim ISLAM)

______________________ Deponent

That the deponent

who signed in my presence is known to me and identified by me before the Notary Public, Dhaka, Bangladesh on this the 1st day of July, 2015.

__Ahasanuzzaman_________ Advocate

6. Affidavit as Joint Owners

Affidavit as Joint Owners

I, Dr.A.B.Nazmul Hasan son of Late Nurul Hasan residing at House No. 2,

Road No.4,Block-2,Baridhara,Dhaka, aged about 45years,by occupation a

Physician, By faith a Muslim, by nationality a Bangladeshi do hereby solemnly affirm

and state as follows:

1. That me and my wife Mrs Shabina Sharmin, are the joint owners by purchase

of the flat being no.A-2 at the south side of the 2nd floor of the six storeyed

Apartment Building situated at Plot No.691(Old) 21(new) measuring about

2245 square feet More fully described in the schedule herein below.

2. That being joint owners of the flat above mentioned, each of us have a claim of

50% of the shares therein.

3. That my said wife had, with total and absolute devotion, been by my side

through sickness and health and I have decided to give out of natural love and

affection and subsequently have given my entire share in the above mentioned

flat to my said wife by declaring an oral gift in presence of following witnesses

and have delivered absolute possession of the flat to my wife and I have

handed over all deeds and documents connected with the schedule flat to my

wife and she had graciously accepted the same at the same sitting in presence

of the witnesses :

1) Mr. Santosh Kumar Mondol

2) Mr. Shahed Sinha

4. That due to the aforesaid gift, I have been completely divested of all my rights

interests etc, in the said flat .

5. That from now onwards my wife Mrs. Shabina Sharmin shall be the sole owner

in possession of the schedule flat and her name shall be mutated as such with

the appropriate Department of the Government of Bangladesh and also with

the municipal corporation and other authorities.

SCHEDULE

All that piece and parcel of flat space measuring 2245 square feet with proportionate

undivided undemarcated land on the 2nd floor of the six storeyed Apartment building at

House No 691(old) 12(New) at Road No.31 (Old) 12 (New) of the C.E. Architecture

Plan No. 549/56 dated 04/05/56 of the erstwhile Government of East Pakistan

situated at Mouza No.251 (Previous) Mouza No. 1 (Present) Dhanmondi, P.S. of the

Dhaka Collectorate Touzi District- Dhaka being Ten Katha land part of total Plot of 1

Bigha, with bedrooms drawing rooms, dining room, toilets etc. constructed in the said

flat.

____________

EXECUTANT

7. Affidavit in Compliance on Company Matters before High Court Division

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(ORIGINAL CIVIL JURISDICTION)

COMPANY MATTER NO: 3 OF 2002

IN THE MATTER OF :

United Capital and Co. Ltd. (UCCL)

...... PETITIONER

-VERSUS-

Pathsala, NSD Bangladesh Ltd. and

others.

.... RESPONDENTS

AFFIDAVIT IN COMPLIANCE ON BEHALF OF THE PETITONER

I, A Rahman, son of B Rahman of “ain-qanoon.com’ Law Consultants, 2

Motijheel C/A (2nd floor), Dhaka-1000 aged about 31 years, by faith Muslim,

by occupation an advocate of the Supreme Court of Bangladesh by nationality

Bangladeshi do hereby solemnly affirm and state as follows:

1. That I am the Advocate for the petitioner in respect of the above case

and as such acquainted with the facts and circumstances of the case.

2. That the above-mentioned Company Matter No.3 of 2002 was moved

before your Lordships and your Lordships on 21/01/2002 were pleased

to direct inter-alia, to have notice issued upon the concerned parties i.e.

1. Pathsala, NSD Bangladesh Ltd.

Iqbal Centre, 42 Kemal Ataturk Avenue, Banani C/A, Dhaka-1213

2. The Plant Manager, Dhaka Power Operator Ltd (DPOL), (a

subsidiary of Pathsala NSD) Kashipur, Daulatpur, Khulna-9202

3. The Chairman, Dhaka Power Company Ltd. (DPCL)

Summit Centre, 18 Karwan Bazar, C/A, Dhaka-1215

4. The Registrar

Joint Stock Companies and firms

24-25 Dilkusha Commercial Area, Dhaka-1000.

3. That the said notice have duly been issued on Party Nos. 3 and 4. A

copy of acceptance of those notices is annexed herewith and marked as

ANNEXURE-‘A’ to this petition.

4. That Party No.1 i.e. Pathsala NSD Bangladesh Ltd. refused to accept the

said court notice, and which was later posted with Registered A/D to

Party No.1. A copy of the notice has also been posted with Registered

A/D to Party No.2. i.e. Plant Manager DPOL’. A copy of the necessary

postal receipts are annexed herewith and marked as ANNEXURE-‘B’

to this petition.

Prepared in my office.

DEPONENT

ADVOCATE

The deponent is known to

me and identified by me.

Solemnly affirmed by the said deponent

at the Court House on ......... February 2002

at ........... A.M.

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA.

8. Affidavit in Compliance on Company Matters before High Court Division

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL ORIGINAL JURISDICTION)

Company Matter No. 002 of 2013.

Md. Kamrul Hassan and others

....Petitioners.

-Versus -

Plaza Central Limited and another.

...Respondents.

AFFIDAVIT IN COMPLIANCE ON BEHALF OF THE

RESPONDENT NO. 2.

I, Ahsanuzzaman, son of Md. Nuruzzaman of “ain-qanoon.com Law Consultants,

Aminnagar, Sadar, Jessore aged about 34 years, by faith Muslim, by occupation an

advocate of the Supreme Court of Bangladesh by nationality Bangladeshi do

hereby solemnly affirm and state as follows:

5. That I am the Advocate for the Respondent in respect of the above matter

and as such acquainted with the facts and circumstances of the case.

6. That the above-mentioned Company Matter No.102 of 2002 as moved

before your Lordships and your Lordships on 28/03/2005 were pleased to

direct inter-alia, to deposit Tk. 10,000/- in the account of the Register

Supreme Court of Bangladesh to the disbursed towards the cost of Audit of

the Account of the Respondent Company namely Plaza Central Ltd.

7. That as per the aforementioned order dated 28.03.2005 we are hereby

deposited Tk. 10,000/- and receipt thereon in the account of the register of

the supreme court on behalf of Respondent namely H. M. Iqbal, Managing

Director of the Respondent company. A copy of the receipt of Tk. 10,000/=

is annexed hereto and marked as Annexure-“A”.

8. That the statement made in paragraph 1- 4 are true to my knowledge.

Prepared in my office.

DEPONENT

ADVOCATE The deponent is known to me and

identified by me.

Solemnly affirmed by the said deponent

at the Court House on ......... April 2015

at ........... A.M.

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA.

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL ORIGINAL JURISDICTION)

Company Matter No. 002 of 2013.

Md. Amirul Hassan and others

....Petitioners.

-Versus -

Plaza Central Limited and another.

...Respondents.

(Ahsanuzzaman) Ain-qanoon.com Law Consultant Aminnagar, Sadar, Jessore.

9. AFFIDAVIT IN OPPOSITION ON BEHALF OF THE RESPONDENTS.

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.1292 OF 1998

IN THE MATTER OF:

Dr. Mohammed Abdul Mazed.

……..PETITONER.

-V E R S U S-

Government of Bangladesh represented

by the Ministry of Agriculture and

others.

…….RESPONDENTS.

AFFIDAVIT IN OPPOSITION ON BEHALF OF THE RESPONDENTS.

I Abu Haider, son of late Md. Jalaluddin Biswas, Deputy Director

(Administration), Bangladesh Agricultural Research Institute (BARI), aged about

48 years, by faith Muslim, by nationality Bangladeshi, by occupation service do

hereby solemly affirm and say as follows:

1. That I am the Deputy Director (Administration) of the Bangladesh

Agriculture Research Institute, and have been authorised by the Respondent

No.4 who is the Director General of the ‘BARI’ to swear this affidavit and I

am conversant with the facts and circumstances of the present case and am,

therefore, competent to swear this affidavit.

2. That a copy of the writ petition was served on Respondent No.4 on 28/5/98

and I have gone through the contents of the same and I have been advised to

controvert only those statement of facts which are relevant for the purpose of

disposal of this writ petition and any facts/ issues not so specifically

controverted would be deemed to have been denied by the deponent.

3. That from the statements made in Paragraph No.1 the petitioner clearly

admitted that he was appointed as head of a division (Agricultural

Engineering) of the Autonomous Bangladesh Agriculture Institute (‘BARI’)

and subsequently the Chief Scientific Officer in the Agricultural Engineering

Department on 16/1/78 and since then the had been working in different

capacities and was ultimately appointed to his present position on 8/5/95 as

the Director General by furnishing documentary evidences as would be

appearing in annexures-A, A1, A2 respectively.

4. That it is the petitioner’s above contention, which clearly contradicts his own

fundamental stand that he cannot be transferred to any other autonomous/

corporate bodies for the simple reason that if such stand of the petitioner is

accepted then his own original appointment on 16/1/78 is vitiated in law.

Therefore, the facts admitted by him shows that the grounds taken in the writ

petition for challenging the impugned order dated 6/5/98 as per Annexure-B

is misconceived, ill-advised and hence not tenable in the facts and

circumstances of the case. Section-6B of the said Act No.14 of 1996 the

Petitioner’s tenure of office having long expired, there is no scope left in law

than to transfer him to some other organisation.

5. That the statements made in Paragraph-2 of the writ petition mostly are

matters of record and statements which needs no comment but the statements

in the last portion of the Paragraph. That the services of the Officers and

Employees of the ‘BARI’ including the Petitioner are governed by the

Service Regulation 1990 of ‘BARI’ is not wholly correct. The services of the

Petitioner as Director General ‘BARI’ and services of the ‘BARI’ are to be

appointed by the Government on such terms and conditions as the

Government may determine which has been provided by the Provisions of

Bangladesh Agriculture Research Institute (Amendment) Act-1996.

6. That the statements made in paragraph No.3 and 4 being matters of record and

also matters relating to various legislation on the basis of which ‘BARI’ was

constituted warrants no comment. Regarding the various qualifications as

mentioned in paragraph-3 right from achieving his Ph.D. from USA till his

performance as upto- date, the Government while recognizing his above

qualifications have now only transferred him vide Annexure-B along with 10

others in the same pay, scale and grade to another body where his services

according to the Government is required for public interest. According to the

Government, Cotton Development Board requiring overhauling/ reformation

etc., calls for the skilled services like that of the petitioner and precisely for

that reason alone his transfer became rather imperative in public interest.

None except 2 persons appearing in column 1 and 8 could accept the

profound recognition of their services by the government. Instead, for what

reasons not disclosed by them, they still want to cling to their old offices by

impugning the said order of transfers and that the Petitioner has not been

transferred to an inferior post. Both the posts of Director General of ‘BARI’

and Executive Director, Cotton Development Board are same in grade and

scale of pay i.e. Tk.15,000/-(fixed) and the service rules of Cotton

Development Board does not debar his appointment and posting as such and

there is no bar in placing the service of the Petitioner under the Cotton

Development Board or any other organisation under the Ministry of

Agriculture. And it is not correct that the Petitioner do not have the required

qualification to be appointed as Executive Director of Cotton Development

Board. The Government considers the petitioner appropriate person to be

passed in the said post for public interest.

7. That the statement made in Paragraph-5 is incorrect, misleading, irrelevant

and as such denied by this deponent. Under the General Clauses Act, which is

an accepted basis for interpretation of any statutory provisions as well as for

interpretation of the Constitution, the power to appoint includes the power to

transfer. This being the legal position, as to how it would be implemented

(Impugned Order dated 6/5/98), whether by the Ministry of Agriculture or by

the Ministry of Establishment is an internal matter within the various

department/ Ministries of the Government, creating no legal right whatsoever

in favour of the petitioner to insist that the impugned order dated 6/5/98

(Annexure-B) cannot but be passed except by the Ministry of Establishment.

In any case, once the petitioner have admitted that his controlling Ministry is

the Respondent No.1 and 3 and further the respondent no.2 having raised no

objection that such transfer ought to have been passed upon taking

concurrence from them (Ministry of Establishment), the stand taken by the

petitioner is devoid of any legal basis. The above legal position gains support

from a decision of the Appellate Division of the Supreme Court in Drum

Metal Factories Case.

8. That the statements made in Paragraph-6 of the petition is incorrect,

misconceived, misleading, and irrelevant for the purpose of the disposal of the

present writ petition. The government retains the right to transfer the

petitioner to any other government/semi-government/ autonomous

organisation as he himself admittedly was posted from some other

Governmental Organisation to ‘BARI’ by providing Annexure-A, A1, A2

respectively to this petition and further that there is no specific bar to the said

effect. Even if there is any such bar the same may at best be construed to be

mere directory and not mandatory provisions of law. In any view of the

matter, the question of his being transferred to Cotton Development Board

relates to the terms and conditions of his service and hence this court has no

jurisdiction to decide the same. The invocation of the writ jurisdiction is

barred in law and is also unconstitutional. The latest decision to that effect

would be referred to at the time of hearing of this petition. By pleading his

own disqualification against the said order of transfer to Cotton Development

Board as Executive Director he cannot acquire create any better right and

qualification to cling to his present position as Director General of the

Respondent No.4. Even the Cotton Development Board Regulations of

(Officers and Employees), 1993 did not create any bar nor any

disqualification on the part of the petitioner to be appointed as Executive

Director. In any event of the matter, the above Cotton Development Board

(Officers and Employees Appointment Regulations-1993) does not apply to

higher position as that of the petitioner.

9. That with regard to the statement made in Paragraph No.7 it is stated that as

soon as the impugned order was passed on 6/5/98 he ought to have joined his

new place of posting within 7 days of the order and in case of failure to do so

he stood released with immediate effect requiring no further order for taking-

over charge even then the Ministry after lapse of 10 days after the transfer

order had to pass are order of ‘stand release’ on17/598 the Petitioner

Respondent No.4 Dr. Mamunur Rasheed had to assumed his charge on

17/5/98 to the knowledge of the petitioner and had been functioning as such

since then. Photocopies of the above orders dated were annexed herewith and

marked as Annexure-F, F1 respectively by the petitioner in his own writ

petition. The petitioner filed the writ petition on 17/5/98 which was received

by the Ministry of Agriculture on 28/5/98 and hence his prayer for any stay-

order stood infractuous as there is nothing to stay. Infact the petitioner by

suppressing the above facts obtained the present infractuous stay-order

thereby exposing himself to the contempt of court proceedings.

10. That the statement made in Paragraph-7 and 8 are untrue, misleading and

hence denied by the respondents. The petitioner received the transfer order

dated 6/5/98 (Impugned Order) and on the same day i.e. 6/5/98 and regarding

his representation dated 12/5/98 to the Respondent No.1 his annexures D and

D1 will show that those were submitted on 14/5/98 and meanwhile his

statutory period of 7 days for joining passed and the petitioner suppressed that

fact. That the Respondent No.4 Dr. Mamunur Rashid already joined on

12/5/98 with intimation to the Petitioner. And the statement of the Petitioner

in respect of Notice Demanding Justice dated 14/5/98 was received by the

Respondent No.1 on 19/5/98 at 12:45 p.m. after the Petitioner was released

and the Respondent No.4 assumed charges of the Office of the Director

General ‘BARI’ on 17/5/98 as such the question of withdrawal or

cancellation of the impugned order did not arise before filing of this writ

petition.

11. That the submissions and grounds taken by the petitioner from paragraph-9 to

the last grounds for challenging the impugned order dated 6/5/98 as appearing

ground no.(v) are misconceived, ill-advised and as such not tenable in the

facts and circumstances of the present case.

12. That it is respectfully submitted that for the following grounds, this Hon’ble

Court ought to discharge the Rule and or not to have issued the Rule in this

writ petition at all:-

i. That the grievance of the petitioner, even if are accepted

to be true, relates solely and exclusively to the term and

conditions of service as contemplated under section-4 of

the Administrative Tribunal Act-( I ) of 1980 and hence

this writ petition is not maintainable in law.

ii. That the petitioner has an alternative remedy before

the Administrative Tribunal and not only that the said

remedy is wider,cheaper,expeditious and hence the

present writ petition ought to be rejected.

iii. That the grounds taken in the writ petition are self

contradictory as the petition before joining ‘BARI’

was himself transferred from another government

organisation.

iv. That the writ petition is barred by principle of waiver,

estoppel and limitation.

v. That having regard to section-6B of the Amending

Act-IVX of 1993, after expiring of 3 years there is no

scope in law to retain his services.

vi. That section-9 of the said Act contemplates that the

services of the petitioner are not subject to Services

Regulations of 1993 but is to governed by the terms

and conditions to be determined by the government

and no one else.

vii. That the writ petition is otherwise barred in law and

facts relating to the present case.

viii. That the statements made herein above are true to my

knowledge.

Prepared in my office

---------------------

(DEPONENT)

ADVOCATE

The deponent is known to me

and identified by me.

Solemnly affirm before me

by the deponent this the… ADVOCATE

day of…… 1998 at ……..

Commissioner of Affidavits

Supreme Court of Bangladesh

High Court Division, Dhaka.

10. Affidavit in opposition on civil revision before HCD.

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. 783 OF 2001.

IN THE MATTER OF:

Md. Fazor Ali alias Fazal Ali, son of late Md.

Jabbar Ali of 346 Jurain, P.S. Demra, District-

Dhaka

. . . .Defendant-Respondent/Petitioner

-V E R S U S-

1. Shahajadi Begum,

2. Hamida Begum both wives of late Haji

Amjad Ali Fakir Chand,

3. Nasrin Asgar, wife of Asgar Ali all resident

of 18 Prasanna Proddar Lane, P.S. Kotwali,

District-Dhaka.

. . . . Plaintiffs-Appellants/Opposite-Parties

4. Md. Abdur Razzaq, son of late Momin Dhali

resident of 85 Muradpur, P.S. Demra,

District-Dhaka

5. Md. Monir son of Abdul Mannan,

6. Md. Habib son of Nagbar Ali Mjjhi,

7. Md. Malek father's name not known all of

346 Jurain, P.S. Demra, District-Dhaka.

. . . Defendants-Respondents/Opposite Parties

- AND -

IN THE MATTER OF:

Judgment and Decree dated 19.10.2000 passed

by Mr. Dewan Ali Raja, Additional District

Judge, 7th Court, Dhaka in Dewani Appeal No.

282 of 1999 allowing the appeal by reversing

that of dated 31.03.1999 passed by Mr.

Boharuddin Ahmed, Assistant Judge, 2nd

Court, Dhaka in Title Suit No. 282 of 1997

dismissing the suit.

Affidavit-in-Opposition on behalf of the Plaintiff-Opposite Party Nos. 1 to 3.

I Nasrin Asgar, wife of Md. Asgar Ali resident of 18 Prosonna Poddar LAne, P.S.

Kotwali, Dhaka, aged about 38 years, by faith Muslim, by nationality Bangladeshi,

by occupation House-wife, Owner and Landlady of Defendant-Respondent Nos. 4

to 7, do hereby solemnly affirm and say as follows:

13. That I am one of the Plaintiffs-Opposite Parties being Opposite Party No.3 in

the present Civil Revision No.783 of 2001 besides 6 others and as such I am

conversant with the facts and circumstances of the present case and am,

therefore, competent to swear this Affidavit.

14. That a copy of the Civil Revision No.783 of 2001 was served and received by

me and I have gone through the contents of the same and I have been advised

to controvert only those statements/ issues of facts which are relevant for the

purpose of disposal of this Civil Revision and any facts/ issues not so

specifically controverted would be deemed to have been denied by the

deponent.

15. That it is respectfully submitted as follows:

a. That this Civil Revision is not maintainable in its present

form and style.

b. That the present Civil Revision ought to have been

rejected summarily as being barred by law.

c. That the present Civil Revision is barred by limitation,

waiver and estoppel.

d. That the Petitioner admittedly being a tenant and/ or

whose source of alleged "right" is based upon tenancy

right only and as such has no locus-standi to challenge the

authority of Plaintiff- Opposite Parties No.1 to 3 or to set

up any counter- right, title and interest against the above

Opposite Parties No.1 to 3.

e. That should any tenant disputes the title of Plaintiff/

Opposite Parties of Title Suit No.282 of 1997 or Title

Appeal No.282 of 1999 and/ or set up their rival title to

demised property Municipal holding No.346 Jurain, C.S

and S.A Plot No.578, C.S. and S.A. Khatian No.246, the

Defendant Tenants forfeits all their rights both as to title

and tenancy and this legal principle had been firmly

established by the decisions of the Highest Court of the

land i.e. Appellate Division of the Hon'ble Supreme Court

of Bangladesh as reported in (1998) DLR (AD) 90

followed by the High Court Division decisions reported in

49 DLR Pg. 23, 288 and 47 DLR Pg.160, 286, 430.

f. That the decisions of the Appellate Division of the

Hon'ble Supreme Court of Bangladesh (50 DLR Pg.90)

supporting the case of the Petitioner in its entirety is

binding upon all subordinate courts including that of the

High Court Divisions of the Supreme Court under Article-

112 of the Constitution of the People's Republic of

Bangladesh, in the instant case, however, the High Court

Division also held the same view.

g. That the decision Trial Court below had been rightly set

aside by the Appellate Court below in Title Appeal

No.282 of 1999 as it is based on surmise and conjectures

and also upon perverse findings.

h. That the findings of the Trial Court below is contrary to

evidence on record and laws relevant in this regard

including the said decisions that of High Court and

Appellate Division of the Hon'ble Supreme Court having

binding effect under Article-112 of Constitution of the

People's Republic of Bangladesh.

16. That without prejudice to what has been submitted above and fully relying

thereon, the Opposite Party Nos.1 to 3 beg to reply parawise reply to the said

Civil Revision as follows:

i. That the statements made in Paragraph-1 of the Civil

Revision mostly is matters of record and as such need

no comment.

ii. That with regard to the statement made in paragraph-2

of the Civil Revision this deponent denies the states

that the alleged Deed of Exchange dated 28.10.1992

with the property of the Defendant No.2 of Title Suit

No.282 of 1997 is a fraudulent document which, this

deponent have denied in the written statement as well

as grounds taken before the lower Appellate Court.

The Court clearly found both as of fact and the

Petitioner both in the Trial Court as well as before the

Appellate Court could not prove law that the so-called

Deed of Exchange dated 28.10.1992.

iii. That the Trial Court have misinterpreted the law and

facts in holding that the Plaintiff/ Opposite Party Nos.4

to 7 merely because stamp paper was purchased on

11.10.1990, but the tenancy agreement was entered

into 01.10.1990, therefore, the Appellate Court below

rightly held that such inaccuracy between the tenancy

agreement and the date of purchase of the stamp paper

cannot affect the right title and interest of the deponent

as owner of the schedule property on the one hand

tenancy right of the Petitioner and Opposite Party

Nos.4 to 7 on the other.

iv. That equally and accidental mistake of writing the

Municipal Holding No.345 instead of 346 Jurain and

that too in the monthly rent receipt of the demised

property is of no legal consequence as long as in the

tenancy agreement itself the Municipal Holding i.e.

Municipal holding No. 346 Jurain, C. S. and S. A. Plot

No.578, C. S. and S. A. Khatian No. 246 of the

property is correctly recorded.

v. That both the Trial Court and the Appellate Court

below having found as of fact and law that the tenancy

agreement between the Petitioner and the Respondent-

Opposite Party Nos.1 to 3 was entered into in

September 1990 at a monthly rent of Tk.1,000 and

signed by the Petitioner and others as tenant and the

deponent as owners there was no legal option left for

the Trial Court below to uphold the right, title and

interest of the Plaintiff-Opposite-Party Nos.1 to 3 as

the owner of 346 Jurain, Plot No.578.

vi. That the Petitioner having raised no objection

regarding the right, title and interest of the Plaintiff

when the tenancy agreement was signed and executed

on 01.10.1990 and paying monthly rent regularly (up

to July 1991) and also by signing the proper rent

receipts issued by the Plaintiffs, there simply remains

no scope of making rival right, title and interest in the

said property by submitting a Deed of Exchange dated

28.20.1992 amounts to resorting/ relying on a

fraudulent document prepared by the Petitioner and

their predecessor-in-interest just to grab the said

property.

vii. That the Appellate Court below in Title Appeal No.

282 of 1999 have rightly held that Exhibits 1 to 13

clearly establish the right, title and interest of the

deponent as the rightful and lawful owner/ landlady of

the demised premises and the Petitioner being the

tenants in default of payment of rent as well as of sub

leasing the said property. by establishing a counter

title, the Petitioner forfeits all their rights including

right of tenancy and he does not deserve any notice

whatsoever under section-106 of the Transfer of

Property Act, 1987 and he can therefore, be evicted

forcefully by the deponents.

j. That the statements made herein above are true to my knowledge.

Prepared in my office. (DEPONENT)

The deponent is known to me and identified by me.

ADVOCATE

ADVOCATE

Solemnly affirm before me by the deponent this the… day of…… 2002 at ……..

Commissioner of Affidavits Supreme Court of Bangladesh High Court Division, Dhaka.

11. Affidavit in opposition on writ before HCD.

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION: 4240 OF 2003

IN THE MATTER OF:

Md. Shafiuddin Ahmed and others.

. . . Petitioners

-VERSUS -

Board of Secondary and Higher Education,

Dhaka represented by its Chairman and

others.

. . . Respondents

AFFIDAVIT -IN- OPPOSITION ON BEHALF OF THE RESPONDENTS.

I, Mr. Delwar Mahmood Khan, son of late Abdul Haleem Khan, a section officer of Respondent No.1,

Education Board aged about 52 years, by faith Muslim, by nationality Bangladeshi, by occupation service,

do hereby solemnly affirm and state as follows.

That I am the authorised officer of Respondent No. 1 and as such am fully

conversant with the case and, hence, am competent to swear this Affidavit-

in-Opposition.

That I have been advised to controvert only that issue of facts and law which are

also relevant for the purpose of disposal of this writ petition. Anything not

so specifically admitted by me or to have been denied by me.

That it is respectfully submitted as follows:

i. That the grievance of the Petitioner, even if are accepted to be true,

relates solely and exclusively to the term and conditions of service as

contemplated under The Recognised Non-Government Secondary

School College Teachers (Board of Intermediate and Secondary

Education, Dhaka) Terms and Conditions of Service Regulations

1979 Section-27 Extension (3) (a) and, hence, this writ petition is not

maintainable in law. The Rule 27(3)(a) of the said regulations reads as

follows:

“No extension shall be granted beyond the age of 65 years.”

ii. That the brief facts of the case are the Petitioner on 28.02.1998 attained

the age of 60 years. That as per Section 14 of Educational Institution

Rules of the Non-Government Educational Institutions relating to

retirement and extension of a teacher 14 (Kha)(1) states that after 60

years the Managing Committee can extend the service for another five

years (2+2+1 years) subject to necessary registered medical officer

certificate.

iii. That in the instant case the Petitioner has already enjoyed the extra five

years of service as per Rules as mentioned hereinabove. When on

15.01.2003 the Managing Committee again extended the Petitioner’s

service by another 2 years, this extension is against The Rules for Non-

Government Educational Institution (Board of Intermediate and

Secondary Education, Dhaka) Terms and Conditions of Service

Regulations 1979 section-27(3)(a) and also against Rule 14 (Kha) (3)

of the Educational Institutional Rules which runs as under ÔÔ65 ermi eqm

AwZμvš— nIqvi ci †Kvb wk¶‡Ki PvKzwiKvj †Kvb μ‡gB e„w× Kiv hv‡e bv|Ó

iv. That the Government as per Rules and Regulations rightly issued the

letter No. 11/Kisha/32(7) dated 26.05.2003 (Annexure-B) to the petition

directing the Managing Committee to relieve the Petitioner from the

service.

v. That the Government vide another letter No. 11/Kisha/148 dated

08.06.2003 directed the Managing Committee to show cause as to why

they are not following Government’s earlier order of relieving the

Petitioner from the service and also directed them to reply as to why the

Managing Committee should not be dissolved because of violating

Government’s order. The Managing Committee was given one month’s

time to reply to the show-cause notice but till to date no reply was ever

received by the Respondents.

vi. That at present the Headmaster is acting without any legal authority and

he is also preparing to hold the new Managing Committee election. This

act by the Headmaster is totally illegal and void.

vii. That the writ petition is barred by principle of waiver, estoppel and

limitation.

viii. That the writ petition is otherwise barred in law and facts relating to the

present case and not maintainable in its present form and style.

ix. That the present Civil Revision ought to have been rejected summarily

as being barred by law.

x. For that it is submitted that the writ petition being frivolous the same

may be dismissed and Rule Nisi discharged with cost.

xi. The petitioner did approach this Hon’ble Court with clean hand

That without prejudice to what has been submitted above and fully relying

thereon, the Respondents begs to reply Para-wise to the said Writ Petition

as follows:

a. That the statements made in paragraph nos.1, 2 and 3 of the writ petition

are matter of records and need no comment.

b. That the statements made in paragraph No. 4 are matters of record but

here the Petitioner is admitting that he has reached the age of 65 years

and as per The Recognised Non-Government Secondary School

Teachers (Board of Intermediate and Secondary Education, Dhaka)

Terms and Conditions of Service Regulations 1979 Section-27

Extension (3) (a) state as follows:

“No extension shall be granted beyond the age of 65 years.”

c. That the statement made in paragraph No.5 is misleading, incorrect in as much as the decision of the Managing

Committee in its general meeting on 15.01.2003 to appoint the Petitioner, as the headmaster was void and ultra-vires

of Government Regulations, Act and Orders, 1979 Rule 27(3)(a).

d. That in the instant case, the petitioner wrongly quoted and tried to justify his appointment by stating that he will not

enjoy any government benefits for his appointment after the age of 65 years which is not at all applicable in the

instant case. On the other, hand Rules and Regulations i.e. Rule 14 Kha (3) rule for non-government educational

institution of 1995 speak of otherwise and bar such extension as under:

ÔÔ65 ermi eqm AwZμvš— nIqvi ci †Kvb wk¶‡Ki PvKzwiKvj †Kvb μ‡gB e„w× Kiv hv‡e bv|Ó

e. That the Management Committee, therefore, with ulterior motive of staging a coming back, wanted to use him as

their tools and with that heinous attempt appointed the petitioner in violation of government rules and regulations as

quoted above.

f. That in this connection Education Ministry’s Memo No. wkg/kv-11/99/75 Zvs-06.09.2003 is referred to wherein it has

been categorically mentioned that no proposal of Extension should be sent to the Ministry of any teacher against

whom there is complaint of corruption and no extension should be allowed without prior approval from the Ministry

of Education. In the instant case a case numbering 25 of 2003 was instituted in the Court of Asst. Judge, Kotiadi by

one Mojibur Rahman and others against Mr. Shafiuddin Ahmed for various corrupt practices being done by him and

misappropriation of Government fund by taking 19th month salary as headmaster from 29.02.2000 to 28.02.2003

without any legal basis wherein the Petitioner sought Court’s order making his appointment as headmaster as illegal

and not to allow to work as headmaster any further and refund Government money. The case is still pending in the

court.

g. That the statements made in paragraph no.6 are neither tenable nor acceptable in view of specific rule as mentioned

in paragraph no.6 herein above. Rule 14 (Kha) (3) of rules and regulations for non-government school-teachers of

1995 specifically stated that “Under no circumstances services of teachers beyond the age of 65 years can be

extended.” Hence, the petitioner was appointed by the Managing Committee without any authority of the government

rules and regulations with malafide intentions to consolidate his position by helping the Management to stage “a

come back” to the detriment of institutional interest nay the whole student community of the said school.

h. That the statements made in paragraph no.6 of the writ petition need no comment since very appointment of the

petitioner was ultra vires of the government rules, act and orders as mentioned in paragraph herein above.

i. That the statements made in paragraph no.7 of the writ petition are misleading and not correct. The petitioner was

discharging his duties illegally and unauthorisedly, since his appointment was ultra vires of Government

Regulations of 1979.

j. That thus while the petitioner’s appointment was being illegal and void

his discharging of duties was also totally illegal and unauthorised and,

hence, subject to cancellation. Hence, by issuing Memorandum No.11/

KISHA/ 32(7) dated 26.05.2003 the Inspector of School of Board of

Intermediate and Secondary Education has taken a right, bold and

timely step as per government rules and regulations and sought to make

correction and set the things right to run the school properly while

unauthorised actions were being done by the petitioner to the detriment

of school’s interest.

k. That the statements made in paragraph no.8 of the writ petition are

matter of records and need no comment.

l. That the statements made in paragraph no.9 of the writ petition are

matter of records and the Respondent No.2 i.e. Inspector of Schools has

correctly performed his duties as Inspector of Schools of the Board of

Intermediate and Secondary Schools in protecting the interest of the

school and its students in as much as the Respondent No.3 i.e. the

Chairman of the Managing Committee whose term expired on

04.11.2003 wanted to stage a come back with the help of the petitioner’s

appointment in violations of the Government Regulations, Act and

Orders of 1979 as enunciated in the rule 27 (3) (a) of the aforesaid

regulations as well as rule 14 Kha (3) of Government Rules and

Regulations for teachers of non-government schools.

m. That the statements made in paragraph no.10 of the writ petition further

proves that the petitioner has been constantly violating the orders of the

government and desperately and illegally trying to cling to his post

continuously disobeying the Order’s of the government for his self

interest to the detriment of the institutional interest nay the students of

the school and also for securing ill motivated purpose of the Managing

Committee.

n. That the statements made in paragraph no.11 of the writ petition are

misleading and false and the appointment of the petitioner is totally

illegal and void in view of Rule 27 (3)(a) of Regulations, Act and

Orders of 1979 of the Government which calls for no extension for

teachers beyond 65 years and also who was allowed extension twice

already and at a time (2 years + 2 years) and again for 1 (one) year

which expired on 01.03.2003. So the order issued by the Inspector of

School vide letter dated 26.05.2003 was correct, timely and legal.

o. That the statements made in paragraph No.12 of the writ petition are

false and not correct as provisions of clause 7(4) of Private Institutions

have been quoted here and the same also do not apply here in the instant

case.

p. That the statements made in paragraph no.13 of the writ petition are

false, malafide and concocted. The order was strictly in conformity with

the Government Rules, Act and Orders, 1979 and the same was issued

under the order of the competent authority of the Board of Intermediate

and Secondary Education, who also made Respondent No.2 by the

petitioner in the writ petition.

q. That the statements made in paragraph No.14 of the Writ Petition are

untrue, false and concocted and as such not at all tenable. That

Respondent No.2 i.e. Inspector of Schools passed the order with full and

legal authority.

r. That the statement made in paragraph – II under grounds heading of the

Writ Petition are untrue as concocted. That clause 7(4) of ‡emiKvix wk¶v

cÖwZôvb (we`¨vjq mg~n) Gi wk¶K‡`i †eZb fvZvw`i miKvix Ask cÖ̀ vb Ges Rbej

KvVv‡gv m¤úwK©Z bxwZgvjv 1995 are reproduced herein below -

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†eZb-fvZvw`Õi miKvix Ask cv‡eb bv| Z‡e †KejgvÎ Bs‡iRx gva¨‡g wk¶v cÖvß wk¶K

Bs‡iRx wel‡qi wk¶Kiƒ‡c wbqgvbyhvqx Pzw³ wfwËK wb‡qvM/cybt wb‡qvM cÖvß n‡j 65 ermi

eqm ch©š— †eZb-fvZvw`Õi miKvix Ask cÖvc¨ n‡eb|Ó

The interpretation of the above clause 7(4) no where states that

appointment of a teacher on contract after attending the age of 65 years

is permissible, but the clause provides that if any English teacher’s

service is extended upto 65 years then the same is entitle to receive

Govt. contribution towards their salary and wages on top of regular

salary payable by the school.

5. That the statements made in paragraphs hereinabove are true to my

knowledge and the rest are humble submissions before this Hon'ble Court.

Prepared in my office

..........................

(DEPONENT)

ADVOCATE

The deponent is known to me and

identified by me.

Solemnly affirm before me

by the deponent this the

day of February 2004 at .............

COMMISSIONER OF AFFIDAVITS SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA.

12. Affidavit in Opposition in writ before HCD

IINN TTHHEE SSUUPPRREEMMEE CCOOUURRTT OOFF BBAANNGGLLAADDEESSHH

HIGH COURT DIVISION

((SSPPEECCIIAALL OORRIIGGIINNAALL JJUURRIISSDDIICCTTIIOONN))

WRIT PETITION: 5633 OF 2004

IN THE MATTER OF:IN THE MATTER OF:

Mrs. Lubna Ahmed daughter of Mr. M.

Mashed of House No. 2, Road No. 50,

Gulshan, Dhaka.

. . . . PETITIONERS

-VERSUS -

AAggrraannii BBaannkk

PPrriinncciippaall BBrraanncchh,, DDiillkkuusshhaa CC//AA,, DDhhaakkaa--11000000..

.. .. .. .. RREESSPPOONNDDEENNTTSS

AAFFFFIIDDAAVVIITT --IINN-- OOPPPPOOSSIITTIIOONN OONN BBEEHHAALLFF OOFF TTHHEE RREESSPPOONNDDEENNTT..

I, Moslehuddin, son of Md. Mofizuddin Ahmed, Sr. Officer, of Respondent

Agrani Bank, Principal Branch, Dhaka, aged about 50 years, by faith Muslim, by

occupation service, by nationality Bangladeshi do hereby Solemnly affirm and

states as follows:

1. That I am the Respondent of the above mentioned Writ Petition and as such I am acquainted with the facts and

circumstances of the case.

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aallssoo rreelleevvaanntt ffoorr tthhee ppuurrppoossee ooff ddiissppoossaall ooff tthhiiss WWrriitt PPeettiittiioonn.. AAnnyytthhiinngg nnoott ssoo

ssppeecciiffiiccaallllyy aaddmmiitttteedd bbyy mmee oorr hhaavvee bbeeeenn ddeenniieedd bbyy mmee..

33.. TThhaatt iitt iiss rreessppeeccttffuullllyy ssuubbmmiitttteedd aass ffoolllloowwss::

a)a) That Agrani Bank (hereinafter referred to as the ''Plaintiff Bank'') is a banking

company incorporated under the Companies Act, 1913 now Companies Act, 1994

which was established under Bangladesh Bank's Nationalisation Order, 1972

(President's Order.16 of 1972) and became Agrani Bank having its Head Office

at Agrani Bank Bhaban, Motijheel C/A, Dhaka-1000 and carries on banking

business through its branches all over the country.

That Agrani Bank (hereinafter referred to as the ''Plaintiff Bank'') is a banking

company incorporated under the Companies Act, 1913 now Companies Act, 1994

which was established under Bangladesh Bank's Nationalisation Order, 1972

(President's Order.16 of 1972) and became Agrani Bank having its Head Office

at Agrani Bank Bhaban, Motijheel C/A, Dhaka-1000 and carries on banking

business through its branches all over the country.

b)b) That the Defendant Company is a limited company incorporated under the

Company's Act, 1913 now Companies Act, 1994 having its registered office at

the address described in the cause title of the plaint.

That the Defendant Company is a limited company incorporated under the

Company's Act, 1913 now Companies Act, 1994 having its registered office at

the address described in the cause title of the plaint.

c)c) That some of the founder Directors of M/s. Elegant Garments Ltd. situated at H-

79, Blocks ''F'' and ''G'' (3rd Floor), Chairman Bari, Banani, Dhaka namely Mr.

Nurul Islam and Mrs. Rafia Islam applied for and received sanction for project

loan of 27.67 lac from the Plaintiff Bank against equitable mortgage of landed

properties in Gazipur.

That some of the founder Directors of M/s. Elegant Garments Ltd. situated at H-

79, Blocks ''F'' and ''G'' (3rd Floor), Chairman Bari, Banani, Dhaka namely Mr.

Nurul Islam and Mrs. Rafia Islam applied for and received sanction for project

loan of 27.67 lac from the Plaintiff Bank against equitable mortgage of landed

properties in Gazipur.

d)d) That although the said loan was fully paid-off in 19.06.1990, further loans/over-

drafts were sanctioned in 1997 against back to back L.Cs amounting to

Tk.1,32,62,466/= without arranging/ obtaining any collateral security in favour of

That although the said loan was fully paid-off in 19.06.1990, further loans/over-

drafts were sanctioned in 1997 against back to back L.Cs amounting to

Tk.1,32,62,466/= without arranging/ obtaining any collateral security in favour of

the Plaintiff Bank, though it was a condition for such extended loan and

overdrafts facilities.

the Plaintiff Bank, though it was a condition for such extended loan and

overdrafts facilities.

e)e) That since the incorporation of the Defendant No.1, there had been changes in the

Management (Board of Directors) of the Company on at least eight occasions

without any prior information or consent of the Plaintiff Bank, especially where

the said changes have directly affected the securities provided or the lack thereof,

as the case may be, it is quite apparent that those alterations in the Board of

Directors was initiated with the ulterior motive firstly, not to give any vestige of

valuable security against loans created and secondly, to always confuse the

Plaintiff Bank as to the loan situation of the company vis-à-vis the bank. All in

all, the whole setup was targeted at defrauding the Bank.

That since the incorporation of the Defendant No.1, there had been changes in the

Management (Board of Directors) of the Company on at least eight occasions

without any prior information or consent of the Plaintiff Bank, especially where

the said changes have directly affected the securities provided or the lack thereof,

as the case may be, it is quite apparent that those alterations in the Board of

Directors was initiated with the ulterior motive firstly, not to give any vestige of

valuable security against loans created and secondly, to always confuse the

Plaintiff Bank as to the loan situation of the company vis-à-vis the bank. All in

all, the whole setup was targeted at defrauding the Bank.

f)f) That finally in 1999 the Defendant company decided to alter the Directors once

again and introduced some apparently fictitious names to that end, and without

intimating the Plaintiff Bank of the same, the company entered into an agreement

on 04.08.1999 with Mrs. Rosie Chowdhury, Mr. Hanifur Rahman Chowdhury and

Mr. Shahinur Rahman Chowdhury.

That finally in 1999 the Defendant company decided to alter the Directors once

again and introduced some apparently fictitious names to that end, and without

intimating the Plaintiff Bank of the same, the company entered into an agreement

on 04.08.1999 with Mrs. Rosie Chowdhury, Mr. Hanifur Rahman Chowdhury and

Mr. Shahinur Rahman Chowdhury.

g)g) That the subsequent events point finger at a plot that had been hatched to ensure

that the rogue directors would sail away while ditching the burden of loans and

liabilities on the Plaintiff Bank. It, thus, was interesting to note that the proposed

new Directors, firstly, asked the Bank to release from mortgage the properties

belonging to the founding Directors apparently offering new collateral security in

exchange thereof and, secondly, deposited a down payment of Tk. 4.10 Lacs to

gain the trust of the Plaintiff Bank and somehow managed to get 3(three) back to

That the subsequent events point finger at a plot that had been hatched to ensure

that the rogue directors would sail away while ditching the burden of loans and

liabilities on the Plaintiff Bank. It, thus, was interesting to note that the proposed

new Directors, firstly, asked the Bank to release from mortgage the properties

belonging to the founding Directors apparently offering new collateral security in

exchange thereof and, secondly, deposited a down payment of Tk. 4.10 Lacs to

gain the trust of the Plaintiff Bank and somehow managed to get 3(three) back to

back L.C.S. opened for an aggregate amount of US$ 37,809/=; that the Company

nearly succeeded in its evil design but for the inspection on the basis of shipping

documents that reached the Plaintiff Bank, but by then the Plaintiff Bank had

already endorsed 2(two) L.C.s in favour of the Defence company amounting to

US$ 32.000/.

back L.C.S. opened for an aggregate amount of US$ 37,809/=; that the Company

nearly succeeded in its evil design but for the inspection on the basis of shipping

documents that reached the Plaintiff Bank, but by then the Plaintiff Bank had

already endorsed 2(two) L.C.s in favour of the Defence company amounting to

US$ 32.000/.

h)h) That the Plaintiff Bank repeatedly requested the defendants to adjust their huge

outstanding liability. It is evident from the conduct of the defendants that they are

not willing to adjust their outstanding liability. The Plaintiff Bank gave the

defendants ample time and opportunity to adjust the long outstanding dues.

That the Plaintiff Bank repeatedly requested the defendants to adjust their huge

outstanding liability. It is evident from the conduct of the defendants that they are

not willing to adjust their outstanding liability. The Plaintiff Bank gave the

defendants ample time and opportunity to adjust the long outstanding dues.

i)i) That the cause of action of the suit arose on 27.10.1984 when the Defendant took

a loan of Tk.27.47 Lacs against collateral of equitable mortgage of land properties

at Gazipur and on 31.03.1999 when the unpaid loan against the Defendant stood

at Tk.1,03,50,180 and Tk.6,03,000/- and as on 21.08.1999 when the Defendant

No.1 started requesting the Bank to sanction change of Directors and on

24.01.2000, 22.02.2000, 15.03.2000, 11.06.2000, 29.08.2000, 01.10.2000 final

notice dated 20.12.2000 when the Plaintiff Bank kept asking the Defendants to

submit relevant papers and documents regarding the change in (Board of

Directors) and on 21.08.1999 when the defendants attempted to defraud the Bank

by changing Bank of the Directors and on 14.5.2000, 25.05.2000 when the

Defendants attempted to have false L.C's being No. 4006/955/37/2000 and

encased the same and finally when the plot was revealed to the Plaintiff Bank, the

Plaintiff Bank has no other alternative but to file their suit to recover its legitimate

dues from the defendants and the Plaintiff Bank served Final notice of repayment

That the cause of action of the suit arose on 27.10.1984 when the Defendant took

a loan of Tk.27.47 Lacs against collateral of equitable mortgage of land properties

at Gazipur and on 31.03.1999 when the unpaid loan against the Defendant stood

at Tk.1,03,50,180 and Tk.6,03,000/- and as on 21.08.1999 when the Defendant

No.1 started requesting the Bank to sanction change of Directors and on

24.01.2000, 22.02.2000, 15.03.2000, 11.06.2000, 29.08.2000, 01.10.2000 final

notice dated 20.12.2000 when the Plaintiff Bank kept asking the Defendants to

submit relevant papers and documents regarding the change in (Board of

Directors) and on 21.08.1999 when the defendants attempted to defraud the Bank

by changing Bank of the Directors and on 14.5.2000, 25.05.2000 when the

Defendants attempted to have false L.C's being No. 4006/955/37/2000 and

encased the same and finally when the plot was revealed to the Plaintiff Bank, the

Plaintiff Bank has no other alternative but to file their suit to recover its legitimate

dues from the defendants and the Plaintiff Bank served Final notice of repayment

dated 20/12/2000 upon the Defendants and also last Legal Notice dated

22/10/2001.

dated 20/12/2000 upon the Defendants and also last Legal Notice dated

22/10/2001.

44.. MMeeaannwwhhiillee oonnee ooff tthhee ffoorrmmeerr ddiirreeccttoorr nnaammeellyy MMrr.. NNuurruull IIssllaamm ddiieedd aanndd tthhee bbaannkk

vviiddee tthheeiirr aapppplliiccaattiioonn ddaatteedd 0099..0022..22000033 ttoo tthhee lleeaarrnneedd ccoouurrtt pprraayyeedd ffoorr iinncclluussiioonn

ooff hhiiss hheeiirrss.. CCooppyy eenncclloosseedd..

MMeeaannwwhhiillee tthhee ffoorrmmeerr ddiirreeccttoorrss wwhhoo ttrraannssffeerrrreedd tthheeiirr sshhaarreess iinn tthhee nnaammee

ooff nneeww MMaannaaggeemmeenntt pprreesssseedd tthhee bbaannkk hhaarrdd ttoo rreelliieevvee tthhee ffoorrmmeerr ddiirreeccttoorrss ii..ee..

ddeeffeennddaannttss NNoo.. 22--77 aanntt 1133 ffrroomm tthhee lliiaabbiilliittyy ooff bbaannkk oonn tthhee ggrroouunndd ooff tthheeiirr ttrraannssffeerr

ooff sshhaarree iinn ffaavvoouurr ooff ddeeffeennddaanntt NNoo.. 88--1100.. TThheeyy aallssoo ffiilleedd aa ttiittllee ssuuiitt NNoo.. 7755 ooff

22000011 ffoorr rreettuurrnn ooff tthheeiirr ddooccuummeennttss aaggaaiinnsstt tthhee rreessppoonnddeenntt bbaannkk.. TThhee BBooaarrdd ooff

DDiirreeccttoorrss iinn tthheeiirr mmeeeettiinngg hheelldd oonn 0033..0055..22000033 tthheerreeffoorree,, hhaassttiillyy ppaasssseedd rreessoolluuttiioonn

ddiisscchhaarrggiinngg ddeeffeennddaanntt NNoo.. 44 aalloonngg wwiitthh ootthheerr ddiirreeccttoorrss ooff tthhee ccoommppaannyy ii..ee..

ddeeffeennddaannttss nnoo.. 22--77 aanndd 1133 ffrroomm tthheeiirr lliiaabbiilliittyy ooff ddeeffeennddaanntt ccoommppaannyy.. IInn tthhee bbaacckk

ddrroopp ooff tthhee aaffoorreessaaiidd cciirrccuummssttaannccee tthhee BBaannkk ssuubbmmiitttteedd aann aapppplliiccaattiioonn ttoo tthhee

lleeaarrnneedd CCoouurrtt pprraayyiinngg ssttrriikkiinngg oouutt tthhee nnaammeess ooff ddeeffeennddaanntt nnoo.. 22--77 aanndd 1133 ffrroomm tthhee

TTiittllee SSuuiitt NNoo.. 114466 ooff 22000022 iinn ccaassee tthhee ddeeffeennddaanntt wwiitthhddrreeww tthhee TTiittllee SSuuiitt NNoo.. 7755 ooff

22000011.. CCooppyy ooff tthhee aapppplliiccaattiioonn eenncclloosseedd..

11.. TThhaatt tthhee ddeeffeennddaannttss NNoo.. 22--77 aanndd 1133 aarree tthhee ffoorrmmeerr sshhaarreehhoollddeerrss ooff tthhee ddeeffeennddaanntt

NNoo.. 11 ccoommppaannyy.. TThhee aaffoorreessaaiidd ddeeffeennddaannttss wweerree aallssoo eelleecctteedd aass tthhee ddiirreeccttoorrss ooff tthhee

ccoommppaannyy.. AAllll ooff tthhee aaffoorreessaaiidd ddeeffeennddaannttss rreessiiggnneedd ffrroomm tthhee ddiirreeccttoorrsshhiipp ooff tthhee

ddeeffeennddaanntt NNoo.. 11 ccoommppaannyy aanndd ttrraannssffeerrrreedd tthheeiirr eennttiirree sshhaarreess iinn ffaavvoouurr ooff tthhee

ddeeffeennddaannttss NNoo.. 88--1100 ppuurrssuuaanntt ttoo aann aaggrreeeemmeenntt ddaatteedd 2233..0077..11999999.. TThhee rreessiiggnnaattiioonn

ffrroomm tthhee ddiirreeccttoorrsshhiipp aanndd ttrraannssffeerr ooff sshhaarreess wweerree ccaarrrriieedd oouutt wwiitthh tthhee ccoonnsseenntt ooff

tthhee ppllaaiinnttiiffff bbaannkk..

22.. TThhaatt tthhee aaffoorreessaaiidd ddeeffeennddaannttss--ppeettiittiioonneerrss rraaiisseedd tthhee iissssuuee ooff ttrraannssffeerr ooff sshhaarreess aanndd

lliiaabbiilliittiieess wwiitthh tthhee mmaannaaggeemmeenntt ooff tthhee ppllaaiinnttiiffff bbaannkk aanndd bbeeiinngg ssaattiissffiieedd tthhaatt tthhee

ppeettiittiioonneerrss aarree nnoo lloonnggeerr ccoonnnneecctteedd wwiitthh tthhee ddeeffeennddaanntt NNoo.. 11 ccoommppaannyy,, tthhee BBooaarrdd

ooff DDiirreeccttoorrss ooff tthhee ppllaaiinnttiiffff bbaannkk ppaasssseedd aa rreessoolluuttiioonn oonn 33..55..22000033 ddiisscchhaarrggiinngg

ddeeffeennddaanntt NNoo..44 aalloonngg wwiitthh tthhee ootthheerr ddiirreeccttoorrss ooff tthhee CCoommppaannyy,, ii..ee..,, ddeeffeennddaanntt NNoo..

22--77 aanndd 1133,, ffrroomm aallll lliiaabbiilliittiieess ooff tthhee ddeeffeennddaanntt NNoo.. 11 ccoommppaannyy.. TThhee ddeecciissiioonn ooff

tthhee bbooaarrdd ooff ddiirreeccttoorrss ooff tthhee ppllaaiinnttiiffff bbaannkk wwaass ccoommmmuunniiccaatteedd ttoo tthhee ddeeffeennddaanntt

NNoo.. 44 vviiddee aa lleetttteerr bbeeaarriinngg mmeemmoo NNoo.. PPrroosshhaa//BBooiibbaaddii//CCaasshh//7744//22000033 ddaatteedd

11..66..22000033..

33.. TThhaatt iinn tthhee ssaaiidd lleetttteerr iitt wwaass ssttaatteedd tthhaatt tthhee ccoollllaatteerraall sseeccuurriittyy ooff tthhee pprreevviioouuss

mmaannaaggeemmeenntt ((ii..ee.. ddeeffeennddaanntt NNoo.. 22--77 aanndd 1133)) wwiillll bbee dduullyy rreelleeaasseedd ffoolllloowwiinngg tthhee

wwiitthhddrraawwaall ooff tthhee ttiittllee ssuuiitt ffiilleedd bbyy tthhee oowwnneerrss ooff tthhee mmoorrttggaaggeedd pprrooppeerrttiieess ((TT.. SS..

NNoo.. 7755 ooff 22000011)) aanndd tthhoossee ffiilleedd bbyy tthhee ppllaaiinnttiiffff bbaannkk ((TTiittllee SSuuiitt NNoo.. 114466 ooff 22000022

aanndd CC RR CCaassee NNoo.. 11990088 ooff 22000000)).. AAss ssuucchh tthhee aaffoorreessaaiidd ddeeffeennddaannttss’’ nnaammeess sshhoouulldd

bbee ssttrruucckk oouutt ffrroomm tthhee ssuuiitt..

44.. TThhaatt iinn vviieeww ooff tthhee aabboovvee ffaaccttss aanndd cciirrccuummssttaanncceess aanndd iinn aaccccoorrddaannccee wwiitthh lleetttteerr ooff

tthhee ppllaaiinnttiiffff bbaannkk ddaatteedd 0011..0066..22000033 aann aapppplliiccaattiioonn wwaass ssuubbmmiitttteedd ttoo tthhee lleeaarrnneedd

CCoouurrtt oonn .................... pprraayyiinngg ssttrriikkiinngg oouutt ooff tthhee nnaammeess ooff ddeeffeennddaanntt NNoo.. 22--77 aanndd 1133

sshhoouulldd bbee ssttrruucckk oouutt ffrroomm tthhee lliisstt ooff ddeeffeennddaannttss aass ccoonnttaaiinneedd iinn tthhee ccaauussee ttiittllee..

55.. TThhaatt tthhee ppllaaiinnttiiffff BBaannkk llaatteerr oonn vviiddee tthheeiirr aapppplliiccaattiioonn ttoo tthhee lleeaarrnneedd CCoouurrtt oonn

1111..0022..22000044 pprraayyeedd oonnee mmoonntthh’’ss ttiimmee ffoorr hheeaarriinngg ssiinnccee tthhee BBooaarrdd ooff DDiirreeccttoorrss

ddeecciiddeedd ttoo eexxaammiinnee tthhee mmaatttteerr aaggaaiinn iinn tthheeiirr nneexxtt mmeeeettiinngg oonn 2266..0022..22000044..

AAccccoorrddiinngg tthhee lleeaarrnneedd ccoouurrtt aalllloowweedd tthhee ttiimmee..

66.. TThhaatt tthhee BBooaarrdd ooff DDiirreeccttoorrss iinn tthheeiirr mmeeeettiinngg hheelldd oonn 2266..0022..22000044 iinnssttrruucctteedd tthhee

mmaannaaggeemmeenntt ooff tthhee ppllaaiinnttiiffff bbaannkk ooff oobbttaaiinn lleeggaall ooppiinniioonn iinn tthhee mmaatttteerr..

77.. TThhaatt oonn 2288..0022..22000044 tthhee ppllaaiinnttiiffff bbaannkk vviiddee tthheeiirr lleetttteerr NNoo.. ((ccÖÖkkvv//FFAAvvwwee//KK¨̈vvkk//8833//22000033))

iinnssttrruucctteedd tthhee BBaarrrriisstteerr KK.. RR.. NNaabbii,, wwhhoo iiss ccoonndduuccttiinngg tthhee ccooaaddee..

88.. TThhaatt oonn 2233..0033..22000044 tthhee aaddvvooccaattee ccoonndduuccttiinngg tthhee ccaassee oonn bbeehhaallff ooff tthhee bbaannkk wwrroottee

ttoo tthhee ppllaaiinnttiiffff bbaannkk ssttaattiinngg tthhaatt tthhee BBooaarrdd ooff DDiirreeccttoorrss ooff tthhee ppllaaiinnttiiffff bbaannkk ccaannnnoott

rreelliieevvee aannyy ppaarrttyy ffrroomm tthheeiirr rreessppeeccttiivvee lliiaabbiilliittyy.. PP..OO.. 2266 ooff 11997722 sseeccttiioonn 2211 aanndd

2222 ssuubb--sseeccttiioonn 2222((11AA)) aanndd ((11BB)) ssttrriiccttllyy pprroohhiibbiittss BBooaarrdd ooff DDiirreeccttoorrss ttoo rreelliieevvee aannyy

ppaarrttss ffrroomm tthheeiirr lliiaabbiilliittyy..

99.. TThhaatt hhaavviinngg rreeggaarrdd ttoo tthhee aabboovvee pprroovviissiioonn iinniittiiaall ddiisscchhaarrggee ooff tthhee ddeeffaauullttiinngg

sshhaarreehhoollddeerrss aanndd aannyy ttrraannssffeerr ooff tthheeiirr sshhaarreess iinn ffaavvoouurr ooff tthhee nneeww sseett ooff DDiirreeccttoorrss

aass rreefflleecctteedd iinn tthhee BBooaarrdd ooff DDiirreeccttoorrss mmeeeettiinngg hheelldd oonn 2288..0011..22000033 aanndd 0033..0055..22000033

iiss iilllleeggaall..

1100.. TThhaatt uuppoonn rreecceeiipptt ooff tthhee lleeggaall aaddvviiccee ooff tthhee BBaannkk LLaawwyyeerr ddaatteedd 2233..0011..22000044 aanndd

aallssoo ttoo ssaaffeegguuaarrdd tthhee iinntteerreesstt ooff tthhee bbaannkk,, tthhiiss mmaannaaggeemmeenntt ooff tthhee ppllaaiinnttiiffff bbaannkk

vviiddee lleetttteerr nnoo.. ((ccÖÖkkvv//FFAAvv//wwWWGGBBPP//223344//0044 ddaatteedd 0066..0044..22000044 iinnssttrruucctteedd tthheeiirr llaawwyyeerr ttoo

ttaakkee nneecceessssaarryy sstteeppss ttoo rree--iinncclluuddee tthhee nnaammeess ooff tthhee ddeeffeennddaanntt nnuummbbeerriinngg 33,, 66,, 77

aanndd 1122 ttoo tthhee ppllaaiinntt ffoorr tthhee ggrreeaatteerr iinntteerreesstt ooff tthhee PPllaaiinnttiiffff BBaannkk..

1111.. AAss ssuucchh tthhee rreessppoonnddeenntt bbaannkk ffiilleedd aann aapppplliiccaattiioonn uunnddeerr OOrrddeerr VVII,, RRuullee 1177 rreeaadd

wwiitthh SSeeccttiioonn 115511 ooff tthhee CCiivviill PPrroocceedduurree CCooddee 11990088 ttoo tthhee lleeaarrnneedd CCoouurrtt ffoorr

aammeennddmmeenntt ooff ppllaaiinn ffoorr rree--aaddddiinngg tthhee nnaammee ooff ddeeffeennddaanntt NNoo.. 33,, 66,, 77 ooff tthhee

aammeennddeedd ppllaaiinntt ((ccooppyy eenncclloosseedd)).. AAccccoorrddiinnggllyy tthhee lleeaarrnneedd ccoouurrtt vviiddee oorrddeerr ddaatteedd

0033..0055..22000044 oorrddeerreedd ttoo rreeiimmpplleeaadd tthhee nnaammee ooff ddeeffeennddaannttss NNoo.. 22--77 && 1133 cceerrttiiffiieedd

ccooppyy eenncclloosseedd aass AAnnnneexxuurree--““AA””.. TThheenn tthheessee ddeeffeennddaannttss ssuubbmmiitttteedd pprraayyeerr ttoo

lleeaarrnneedd ccoouurrtt uunnddeerr AArrtthhaa RRiinn AAddaallaatt AAiinn,, 22000033 SSeeccttiioonn 4444 && 5577 ttoo rreeccaallll tthhee

aaffoorreessaaiidd oorrddeerr wwhhiicchh wwaass nnoott aalllloowweedd bbyy tthhee lleeaarrnneedd ccoouurrtt vviiddee OOrrddeerr NNoo.. 4433

ddaatteedd 0088..0088..0044 ((CCeerrttiiffiieedd ccooppyy eenncclloosseedd aass AAnnnneexxuurree--““BB””))..

** TThhaatt wwiitthhoouutt pprreejjuuddiiccee ttoo wwhhaatt hhaass bbeeeenn ssuubbmmiitttteedd aabboovvee aanndd ffuullllyy rreellyyiinngg

tthheerreeoonn,, tthhee rreessppoonnddeenntt bbeeggss ttoo rreeppllyy ppaarraawwiissee ttoo tthhee ssaaiidd WWrriitt PPeettiittiioonn aass ffoolllloowwss::

33.. TThhaatt tthhee ssttaatteemmeennttss mmaaddee aatt ppaarraaggrraapphh 44 ooff tthhee WWrriitt PPeettiittiioonn iiss nnoott ttrruuee.. BBuutt

ffaaccttuuaallllyy tthhee llooaann wwaass hhiigghheerr tthhaann ssttaatteedd aanndd pprreesseennttllyy TTkk.. 11,,9900,,0022,,440000//-- iiss ssttiillll

oouuttssttaannddiinngg aass oonn 3311//55//22000022..

44.. TThhaatt tthhee ssttaatteemmeenntt tthhaatt tthhee aaffoorreessaaiidd llooaann wwaass aalllloowweedd aaggaaiinnsstt eeqquuiittaabbllee mmoorrttggaaggee

ooff llaanndd mmeeaassuurriinngg aabboouutt 1177..7766 bbiigghhaa ssiittuuaatteedd aatt CC..SS.. PPlloott NNoo.. 665599,, 665566,, 665588,, 772222,,

665544,, 665555,, 665577,, 772211,, 666622,, 11443366 aanndd 11441188 KKhhaattiiaann NNoo.. 221122 aanndd 227777,, MMoouuzzaa

BBaakkkkrraamm,, MMoonniippuurr aanndd BBiisshhyyuukkkkuurrii BBaarrii.. PP..SS.. JJooyyddeebbppuurr vviiddee rreessppoonnddeenntt lleetttteerr

ddaatteedd 2277..1100..11999944 iiss ccoorrrreecctt.. BBuutt tthhee ccoonntteennttiioonn tthhaatt pprreevviioouuss mmaannaaggeemmeenntt

ddeeppoossiitteedd tthhee tthhiirrdd ppaarrttyy ccoollllaatteerraall ffoorr tthhee ssppeecciiffiicc ppuurrppoossee ooff ssaannccttiioonn lleetttteerr iiss nnoott

aatt ccoorrrreecctt aanndd ttoottaallllyy aa mmiisslleeaaddiinngg pprrooppoossiittiioonn wwhhiicchh hhaass nnoo bbaassiiss aanndd nnoo mmeeaanniinngg

aatt aallll..

55.. TThhaatt tthhee ssttaatteemmeenntt mmaaddee iinn ppaarraa 66 ooff tthhee WWrriitt PPeettiittiioonn tthhaatt tthhee ppeettiittiioonneerr ccoommppaannyy

rreeppaaiidd aallll tthhee bboorrrroowweedd mmoonneeyy iinn dduuee ccoouurrssee iiss nnoott ccoorrrreecctt rraatthheerr ttoottaallllyy ffaallssee

ssttaatteemmeenntt..

66.. TThhaatt ssttaatteemmeenntt iiss nnoott bbaasseedd oonn ffaaccttss.. OOnnllyy ttrraannssffeerr ooff sshhaarree ooff tthhee ccoommppaannyy wwaass

mmaaddee iinn ffaavvoouurr ooff nneeww mmaannaaggeemmeenntt bbuutt tthheerree wwaass nnoo ssuucchh mmaatttteerr ooff ttrraannssffeerr ooff

lliiaabbiilliittyy.. LLiiaabbiilliittiieess iiss aa ddiiffffeerreenntt iissssuuee..

77.. TThhee ssttaatteemmeenntt iinn ppaarraa 88 aass ttoo eexxeeccuuttiioonn ooff aaggrreeeemmeenntt oonn 2233..0077..11999999 iitt mmaayy hhee ssaaiidd

tthhaatt tthheerree wwaass aa ccoonnddiittiioonn ffoorr aapppplliiccaattiioonn bbyy tthhee nneeww mmaannaaggeemmeenntt ttoo rreelleeaassee tthhiiss

pprreevviioouuss ccoollllaatteerraall iinn ffaavvoouurr ooff pprreevviioouuss mmaannaaggeemmeenntt ddiidd nnoott mmeeaann tthhee

aapppplliiccaattiioonn wwaass aalllloowweedd aanndd wwaass aacccceepptteedd bbyy tthhee rreessppoonnddeenntt..

88.. TThhaatt tthhee ssttaatteemmeenntt mmaaddee iinn ppaarraa 99 ooff tthhee WWrriitt PPeettiittiioonn tthhaatt tthhee mmaannaaggeemmeenntt wwrroottee

ttoo tthhee bbaannkk vviiddee lleetttteerr ddaatteedd 2211..0088..11999999 tthhaatt tthhee nneeww mmaannaaggeemmeenntt sshhaallll bbee

rreessppoonnssiibbllee ffoorr tthhee lliiaabbiilliittiieess ooff tthhee bbaannkk aanndd rreeqquueesstteedd ttoo aacccceepptt ccoollllaatteerraall

ssuubbmmiitttteedd bbyy tthhee nneeww mmaannaaggeemmeenntt aanndd rreelleeaassee tthhee ccoollllaatteerraall ooff oolldd mmaannaaggeemmeenntt iiss

aa mmiisslleeaaddiinngg oonnee bbeeccaauussee wwhhaatteevveerr ssttaatteemmeenntt aanndd wwhhaatteevveerr rreeqquueesstt mmaayy bbee mmaaddee

bbaannkk iiss nnoott bboouunndd ttoo ccoommppllyy wwiitthh tthhee ssaammee.. MMeerree aapppplliiccaattiioonn ttoo tthhee bbaannkk ddooeess nnoott

mmeeaann aapppprroovvaall // aacccceeppttaannccee bbyy tthhee bbaannkk.. BBaannkk hhaass iittss oowwnn aasssseessssmmeenntt,, rruulleess aanndd

rreegguullaattiioonnss iinn ccoonntteexxtt ooff sseeccuurriinngg iittss iinntteerreesstt ffiirrsstt..

99.. TThhaatt iinn rreessppoonnssee ttoo tthhee aabboovvee lleetttteerr ddaatteedd 2211..0088..11999988 tthhee bbaannkk vviiddee tthheeiirr lleetttteerr

ddaatteedd 2244..0011..22000000 rreeqquueesstteedd tthhee ppeettiittiioonneerr ttoo ssuubbmmiitt cceerrttaaiinn ddooccuummeennttss iinncclluuddiinngg

eexxeeccuutteedd ttrraannssffeerr iinnssttrruummeenntt aanndd iinn tthhee ssaaiidd lleetttteerr iitt wwaass ssttaatteedd bbyy tthhee bbaannkk tthhaatt

tthhee nneeww mmaannaaggeemmeenntt hhaass aallrreeaaddyy ffuurrnniisshheedd ccoollllaatteerraall iinn ffaavvoouurr tthhee bbaannkk aass tthhee

sseeccuurriittyy ooff tthhee llooaann ddooeess nnoott mmeeaann tthhaatt bbaannkk hhaass aacccceepptteedd tthhee ffuurrnniisshheedd ccoollllaatteerraall..

MMeerree ssuubbmmiissssiioonn ooff ccoollllaatteerraall iiss nnoott aacccceeppttaannccee ooff tthhee ccoollllaatteerraall bbyy tthhee bbaannkk aass

sseeccuurriittyy iinnsstteeaadd ooff tthhee oolldd sseeccuurriittiieess.. AAss tthhee bbaannkk hhaass ttoo ssccrruuttiinniizzee ggeennuuiinneellyy aass

wweellll aass wwoorrtthh ooff tthhee sseeccuurriittyy..

1100.. TThhaatt tthhee ssttaatteemmeenntt iinn ppaarraa 1111 iiss aa mmaatttteerr ooff rreeccoorrdd bbuutt tthheeiirr ccoonntteennttiioonn tthhaatt

““rreellyyiinngg uuppoonn tthhee bbaannkk’’ss lleetttteerr ddaatteedd 2244..0011..22000000 tthhaatt bbaannkk rreecceeiivveedd tthhee ccoollllaatteerraall

ffrroomm nneeww mmaannaaggeemmeenntt tthhee ppeettiittiioonneerr ttrraannssffeerrrreedd tthhee sshhaarreess ttoo tthhee nneeww oowwnneerrss”” iiss

aa mmiisslleeaaddiinngg oonnee aanndd nnoott aatt aallll ccoorrrreecctt aanndd aacccceeppttaabbllee.. NNeeiitthheerr bbaannkk ccaann wwoorrkk ffoorr

tthheemm aass ssuucchh nnoorr ccaann tthheeyy rreellyy oonn tthhee bbaannkk aass ssuucchh..

1111.. TThhaatt ssttaatteemmeenntt tthhaatt rreeppllyyiinngg uuppoonn bbaannkk’’ss ddiirreeccttiioonn aanndd rreepprreesseennttaattiioonn tthhee

ppeettiittiioonneerrss ttrraannssffeerrrreedd tthhee sshhaarreess aanndd ffiilleedd aallll tthhee rreelleevvaanntt ddooccuummeennttss aass rreeqquueesstteedd

bbyy tthhee bbaannkk iiss nnoott ccoorrrreecctt rraatthheerr mmiissssttaatteemmeenntt.. BBaannkk hhaass nnoo iinntteerreesstt iinn rreeqquueessttiinngg

aanndd gguuiiddiinngg tthheemm aanndd bbeeiinngg rreessppoonnssiibbllee ooff rreelleeaassiinngg tthhee ccoollllaatteerraall ffuurrnniisshheedd bbyy

tthhee ppeettiittiioonneerrss wwhhiicchh wwiillll nnoott sseerrvvee tthhee ppuurrppoossee ooff sseeccuurriinngg bbaannkkss mmoonneeyy..

WWhheenneevveerr tthhee ppeettiittiioonneerr rreeqquueesstteedd tthhee mmaannaaggeemmeenntt iinncclluuddiinngg tthhee MMaannaaggiinngg

DDiirreeccttoorr mmiigghhtt hhaavvee aassssuurreedd tthheemm ooff rreelleeaassee bbuutt tthhee ddeeffeennddaannttss mmiissuunnddeerrssttoooodd tthhee

aassssuurraannccee.. MMaannaaggeemmeenntt iinncclluuddiinngg MMaannaaggiinngg DDiirreeccttoorr mmaayy vveerrbbaallllyy aassssuurree ttoo

ssaattiissffyy tthhee cclliieenntt,, bbuutt hhaavvee nnoott ttaakkeenn iitt lliigghhttllyy ttoo aassssuurree wwiitthhoouutt ggooiinngg tthhrroouugghh

lleeggaall pprroocceessss ooff bbaannkkiinngg nnoorrmmss aanndd pprraaccttiicceess ttoo aavvooiidd lleeggaall ccoommpplliicciittiieess

jjeeooppaarrddiizziinngg tthhee bbaannkk’’ss iinntteerreesstt,, wwhhiicchh tthhee ppeettiittiioonneerrss sshhoouulldd hhaavvee rriigghhttffuullllyy

gguueesssseedd// uunnddeerrssttoooodd..

1122.. TThhee ccoonntteennttiioonn iiss ppaarraa 1122 ooff tthhee WWrriitt PPeettiittiioonn hhaass aallrreeaaddyy bbeeeenn sseett ooffff bbyy tthhee rreeppllyy

iinn ppaarraa 1122 hheerreeiinnaabboovvee aanndd ffuurrtthheerr ccoommmmeennttss aarree nnoott nneecceessssaarryy..

1133.. AAss rreeggaarrddss ccoonntteennttiioonn iinn ppaarraa 1133 ooff tthhee WWrriitt PPeettiittiioonn tthheessee .............. aarree mmaatttteerrss ooff

rreeccoorrddss.. TThhee TTiittllee SSuuiitt wwaass llaatteerr--oonn wwiitthhddrraawwnn bbyy tthhee ppeettiittiioonn..

1144.. AAss rreeggaarrddss ppaarraa 1144 ooff WWrriitt PPeettiittiioonn tthheessee mmaatttteerrss ooff rreeccoorrdd aanndd nnoo ffuurrtthheerr

ccoommmmeennttss aarree nneecceessssaarryy..

1155.. AAss rreeggaarrddss ssttaatteemmeenntt iinn ppaarraa 1155 ooff tthhee ppeettiittiioonneerrss tthheessee aarree mmaatttteerr ooff rreeccoorrddss.. BBuutt

ssuubbsseeqquueenntt ddeevveellooppmmeenntt rreellaattiinngg ttoo tthhee iissssuuee hhaavvee bbeeeenn aannaallyyzzeedd iinn ppaarraa

hheerreeiinnaabboovvee..

1166.. AAss rreeggaarrddss ssttaatteemmeenntt iinn ppaarraa 1188 ooff tthhee ppeettiittiioonnss tthhee ssaammee iiss aa mmaatttteerr ooff rreeccoorrdd..

1177.. AAss rreeggaarrddss ssttaatteemmeenntt iinn ppaarraa 2200 ooff tthhee ppeettiittiioonn iitt hhaass ttoo bbee mmeennttiioonneedd hheerree tthhaatt dduuee

ttoo tthhee hheeaavvyy pprreessssuurree ooff tthhee ppeettiittiioonneerrss tthhee BBooaarrdd ooff DDiirreeccttoorr hhaassttiillyy ttooookk tthhee

rreessoolluuttiioonn ttoo rreettuurrnnss tthhee ddooccuummeennttss bbuutt wwhheenn ssuubbsseeqquueennttllyy tthheeyy aafftteerr pprrooppeerr

ssccrruuttiinnyy iinn tthhee mmaatttteerr oobbttaaiinneedd tthhee lleeggaall ooppiinniioonn ffrroomm BBaarrrriisstteerr KKaazzii RReehhaann NNaabbii

tthheeyy ffoouunndd tthheeyy aarree bbaarrrreedd bbyy PPrreessiiddeennttss OOrrddeerr NNoo.. 2277 ooff 11997722 ttoo aallllooww aannyy llooaann

wwiitthhoouutt sseeccuurriittyy ooff mmoorrttggaaggee pprrooppeerrttyy aanndd hheennccee tthheeyy rreeffuusseedd ttoo ddeelliivveerr tthhee

ddooccuummeenntt ffoorr tthhee ggrreeaatteerr iinntteerreesstt ooff tthhee bbaannkk aass nnoo bbaannkk ccaann rreemmaaiinn uunnccoovveerreedd bbyy

aannyy sseeccuurriittyy aanndd nnoo ddiirreeccttoorr hhaass aannyy ppoowweerr ttoo ssaannccttiioonn// aallllooww llooaann wwiitthhoouutt

sseeccuurriittyy aass oorrddeerr NNoo.. 2277 ooff PPrreessiiddeenntt OOrrddeerr ooff 11997722..

1188.. AAss rreeggaarrddss ssttaatteemmeenntt iinn ppaarraa 2211 ooff tthhee WWrriitt PPeettiittiioonn tthhee ssaammee aarree mmaatttteerrss ooff

rreeccoorrdd..

1199.. ..............................

2200.. ............................

2211.. AAss rreeggaarrddss ssttaatteemmeenntt iinn ppaarraa 2244 ooff tthhee WWrriitt PPeettiittiioonn iitt iiss nnoott aacccceeppttaabbllee..

2222.. AAss rreeggaarrddss ssttaatteemmeenntt iinn 2255 ooff tthhee WWrriitt PPeettiittiioonn tthhee ssaammee iiss aa mmaatttteerr ooff rreeccoorrdd..

2233.. TThhaatt tthhee ssttaatteemmeenntt mmaaddee iinn ppaarraa 2266 ooff tthhee WWrriitt PPeettiittiioonn tthhaatt rreessppoonnddeenntt bbaannkk ddiidd

nnoott ttaakkee aannyy sstteeppss ttoo iinncclluudd ddeeffeennddaanntt NNoo.. 1122’’ss hheeiirrss aass ddeeffeennddaannttss iinn tthhee ssuuiitt iiss

ttoottaallllyy ffaallssee.. TThhee rreessppoonnddeenntt bbaannkk vviiddee tthhee aapppplliiccaattiioonn ddaatteedd................ ttoo tthhee lleeaarrnneedd

ccoouurrtt pprraayyeedd iinncclluussiioonn ooff hhiiss hheeiirrss ooff ddeeffeennddaanntt NNoo.. 1122 ((ccooppyy ooff tthhee aapppplliiccaattiioonn iiss

eenncclloosseedd AAnnnneexxuurree--““AA””)) llaattee NNuurruull IIssllaamm,, ffrroomm ddiirreeccttoorr wwhhiicchh wwaass aalllloowweedd bbyy

tthhee lleeaarrnneedd ccoouurrtt aallssoo.. SSoo bbrriinniinngg aa ssuuiitt aaggaaiinnsstt ddeeaadd ddeeffeennddaanntt ddooeess nnoott aarriissee aatt

aallll..

2244.. AAss rreeggaarrddss ssttaatteemmeenntt iinn ppaarraa 2277 ooff tthhee WWrriitt PPeettiittiioonn iiss bbaarrrreedd bbyy lliimmiittaattiioonn aanndd

aallssoo bbaarrrreedd bbyy oorrddeerr XXXXIIII RRuullee iiss nnoott aatt aallll mmaaiinnttaaiinnaabbllee iinn aass mmuucchh aass tthhee

rreessppoonnddeenntt bbaannkk hhaass ttiimmeellyy ssoouugghhtt iinncclluussiioonn ooff tthhee hheeiirrss ooff tthhee llaattee NNuurruull IIssllaamm

vviiddee tthheeiirr ppeettiittiioonn ttoo tthhee lleeaarrnneedd ccoouurrtt ttiimmee aanndd aaggaaiinn aass ssttaatteedd iinn ppaarraa 2266

hheerreeiinnaabboovvee..

2255.. TThhaatt tthhee ssttaatteemmeennttss mmaaddee iinn PPaarraa 2288 bbyy ppeettiittiioonneerrss aarree nnoott ccoorrrreecctt aanndd aapppplliiccaabbllee

iinn tthhee pprreesseenntt ccaassee..

2266.. AAss rreeggaarrddss tthhee ssttaatteemmeenntt mmaaddee iinn PPaarraa 2299 bbyy tthhee ppeettiittiioonneerrss aarree nnoott aatt aallll tteennaabbllee

rraatthheerr bbyy mmaakkiinngg ssuucchh ssttaatteemmeennttss// aalllleeggaattiioonn tthhee ppeettiittiioonneerrss hhaavvee uunnddeerr mmiinndd tthhee

mmiinnddeedd ooff tthhee lleeaarrnneedd jjuuddggee.. TThhee lleeaarrnneedd jjuuddggee hhaadd aacctteedd pprrooppeerrllyy aass hhee hhaadd ttoo

sseeee tthhee iinntteerreesstt ooff tthhee rreessppoonnddeenntt bbaannkk aanndd tthhee qquueessttiioonn ooff rreeccoovveerryy ooff bbaannkkss

mmoonneeyy lliieedd wwhhoollllyy wwiitthh tthhee iinncclluussiioonn ooff tthhee ddeeffeennddaannttss iinn tthhee ssuuiitt.. SSoo tthhiiss

ccoonntteennttiioonn ooff tthhee ppeettiittiioonneerrss aarree nnoott aatt aallll mmaaiinnttaaiinnaabbllee..

2277.. TThhaatt tthhee ssttaatteemmeennttss mmaaddee iinn PPaarraa 3300 ooff tthhee ppeettiittiioonn aarree ssiimmiillaarr ttoo tthhee ssttaatteemmeenntt

mmaaddee iinn ppaarraa 2299 aabboovvee aanndd hheennccee nneeeedd nnoo ffuurrtthheerr ccoommmmeenntt..

2288.. AAss rreeggaarrddss tthhee ssttaatteemmeenntt mmaaddee iinn ppaarraa 3322 ooff tthhee ppeettiittiioonn tthhee ssaammee aarree nnoott aatt aallll

ccoorrrreecctt,, tthhee ppeettiittiioonneerrss rreemmaaiinneedd lliiaabbllee ffoorr tthhee llooaann iinn aass mmuucchh aass tthhee nneeww

mmaannaaggeemmeenntt wwaass nneeiitthheerr ttrraacceeaabbllee nnoorr ssuubbmmiitttteedd aannyy ttaannggiibbllee sseeccuurriittyy ttoo rreeccoovveerr

tthhee bbaannkkss llooaann..

2299.. AAss rreeggaarrddss tthhee ssttaatteemmeenntt mmaaddee iinn ppaarraa 3333 ooff tthhee ppeettiittiioonn aass ttoo tthhee nnoonn--mmeennttiioonniinngg

ooff rreeaassoonnss ffoorr rreejjeeccttiinngg tthhee aapppplliiccaattiioonnss ffoorr rreettuurrnniinngg tthhee sseeccuurriittyy ooff ccoollllaatteerraall

ddooccuummeennttss uunnddeerr sseeccttiioonnss 4444 && 5577 iinn AArrtthhaa RRiinn AAiinn,, 22000033 tthhee oorrddeerr tthhee lleeaarrnneedd

jjuuddggee wwaass nnoott eerrrroonneeoouuss rraatthheerr wwaass ttoottaallllyy ccoorrrreecctt aanndd jjuussttiiffiieedd aanndd tthhee lleeaarrnneedd

jjuuddggee iissssuueedd tthhee oorrddeerr ffoorr eennddss ooff jjuussttiiccee iinn aass mmuucchh aass bbaannkkss mmoonneeyy wwaass

iinnvvoollvveedd aanndd tthhaatt sshhoouulldd bbee rreeccoovveerreedd bbyy aannyy wwaayy..

3300.. AAss rreeggaarrddss tthhee ccoonntteennttiioonn mmaaddee iinn ppaarraa 3344 ooff tthhee ppeettiittiioonn tthhee lleeaarrnneedd ccoouurrtt ddiidd nnoott

ccoommmmiitt aannyy eerrrroorr ooff llaaww bbyy ppaassssiinngg iimmppuuggnneedd oorrddeerr ddaatteedd 0033..0055..22000044 rree--

iimmpplleeaaddiinngg tthhee ppeettiittiioonneerr NNoo.. 22,, 55 && 66 aass ddeeffeennddaannttss iinn tthhee ssuuiitt aanndd rreejjeeccttiinngg tthhee

aapppplliiccaattiioonn ooff tthhee ppeettiittiioonneerrss iinn aass mmuucchh aass tthhee rreeaassoonnss wwaass hhiigghh eennoouugghh ffoorr

rreeccoovveerryy ooff bbaannkkss mmoonneeyy wwhhiicchh ddiidd nnoott eeffffeecctt tthhee AArrttiiccllee 2277 aanndd 3311 ooff tthhee

ccoonnssttiittuuttiioonn,, wwhhiicchh iiss nneevveerr aapppplliiccaabbllee hheerree.. TThheessee aarrttiicclleess ssppeeaakk ooff ffuunnddaammeennttaall

rriigghhtt..

3311.. TThhaatt tthhee ssttaatteemmeennttss mmaaddee hheerreeiinn aabboovvee aarree ttrruuee ttoo tthhee bbeesstt ooff mmyy kknnoowwlleeddggee aanndd

bbeelliieeff..

PPrreeppaarreedd iinn mmyy ooffffiiccee

________________________

(DEPONENT)

ADVOCATE

The deponent is known to me and

identified by me.

Solemnly affirm before me

bbyy tthhee ddeeppoonneenntt tthhiiss tthhee AADDVVOOCCAATTEE

ddaayy ooff JJaannuuaarryy 22000044 aatt ..........................

CCOOMMMMIISSSSIIOONNEERR OOFF AAFFFFIIDDAAVVIITTSS

SSUUPPRREEMMEE CCOOUURRTT OOFF BBAANNGGLLAADDEESSHH

HHIIGGHH CCOOUURRTT DDIIVVIISSIIOONN,, DDHHAAKKAA..

13. Affidavit in compliance on company matters

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(ORIGINAL CIVIL JURISDICTION)

COMPANY MATTER NO: 3 OF 2002

IN THE MATTER OF :

United Capital and Co. Ltd. (UCCL)

...... PETITIONER

-VERSUS-

Pathsala, NSD Bangladesh Ltd. and

others.

.... RESPONDENTS

AFFIDAVIT IN COMPLIANCE ON BEHALF OF THE PETITONER

I, A Rahman, son of B Rahman of “ain-qanoon.com’ Law Consultants, 2

Motijheel C/A (2nd floor), Dhaka-1000 aged about 31 years, by faith Muslim,

by occupation an advocate of the Supreme Court of Bangladesh by nationality

Bangladeshi do hereby solemnly affirm and state as follows:

9. That I am the Advocate for the petitioner in respect of the above case

and as such acquainted with the facts and circumstances of the case.

10. That the above-mentioned Company Matter No.3 of 2002 was moved

before your Lordships and your Lordships on 21/01/2002 were pleased

to direct inter-alia, to have notice issued upon the concerned parties i.e.

5. Pathsala, NSD Bangladesh Ltd.

Iqbal Centre, 42 Kemal Ataturk Avenue, Banani C/A, Dhaka-1213

6. The Plant Manager, Dhaka Power Operator Ltd (DPOL), (a

subsidiary of Pathsala NSD) Kashipur, Daulatpur, Khulna-9202

7. The Chairman, Dhaka Power Company Ltd. (DPCL)

Summit Centre, 18 Karwan Bazar, C/A, Dhaka-1215

8. The Registrar

Joint Stock Companies and firms

24-25 Dilkusha Commercial Area, Dhaka-1000.

11. That the said notice have duly been issued on Party Nos. 3 and 4. A

copy of acceptance of those notices is annexed herewith and marked as

ANNEXURE-‘A’ to this petition.

12. That Party No.1 i.e. Pathsala NSD Bangladesh Ltd. refused to accept the

said court notice, and which was later posted with Registered A/D to

Party No.1. A copy of the notice has also been posted with Registered

A/D to Party No.2. i.e. Plant Manager DPOL’. A copy of the necessary

postal receipts are annexed herewith and marked as ANNEXURE-‘B’

to this petition.

Prepared in my office.

DEPONENT

ADVOCATE

The deponent is known to

me and identified by me.

Solemnly affirmed by the said deponent

at the Court House on ......... February 2002

at ........... A.M.

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA.

14. Affidavit in Reply on a writ before HCD

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION) WRIT PETITION NO. 1141 OF 1999 IN THE MATTER OF: Capt. Moinuddin Ahmed, Regional Manager for Europe cum General Manager, Bangladesh Shipping Corporation, London Johnson Stevens House, 2 Abbey Road Barking Essex IG11 7AX United Kingdom.

.............PETITIONER

VERSUS 1. Bangladesh Shipping Corporation represented

by the Managing Director having its Head Office situated at BSC Bhaban, Satgola Road, Post Box 641, Chittagong- 4100

2. The Secretary, Ministry of Shipping Govt. of Bangladesh, Bangladesh Secretariat, Shegunbagicha, Dhaka-100.

3. Mr. Rakibuddin Ahmed Secretary, Bangladesh Shipping Corporation (hereinafter referred as “B.S.C.”) B.S.C. Bhaban, Satgola Road, P.O. Box 641, Chittagong-4100.

........ RESPONDENTS AFFIDAVIT IN REPLY ON BEHALF OF THE PETITIOENR

I Captain Ramzan Ali son of late Md. Hafizuddin residing at 24, Kazi Nazrul Islam Avenue, P.S. Ramna, Dhaka-1000, aged about 55 years, by faith Muslim, by occupation service, by nationality Bangladeshi by birth the father-in-law of the petitioner Captain Moinuddin Ahmed do hereby solemnly affirm and say as follows:

1. That I am the authorised agent of the petitioner and conversant with the facts and circumstances of the case and I am, therefore, competent to swear this Affidavit-in-Reply.

2. That the statement made in paragraph nos. 1 and 2 of the Affidavit-in-Opposition are matter of records hence, needs no comment at this stage.

3. That the statements made in paragraph 3 of the Affidavit-in-Opposition are incorrect, misleading, and misconceived and as such is not tenable in the facts and circumstance of this case and the petitioner reiterates his statements made in paragraph 12 and 13 of the Writ Petition. It is clear from paragraph 3 of the Affidavit-in-Opposition that the respondents have clearly admitted that the petitioner was duly and permanently promoted to the post of General Manager of Bangladesh Shipping Corporation, London Office on the basis of recommendation of the Departmental Promotion Committee on 12.04.1998 mentioned below and was also responsible as a representative of B.S.C. in Europe. It is stated that the General Manager of London Branch is a very important position and as such requires the services of very competent, sincere and efficient officer. This appointment itself is a clear recognition of his meritorious and efficient services by the Respondents. Besides paragraph-3, it is a clear admission that the petitioner was holding the post of General Manager on permanent basis and not that he was merely in charge to the office of General Manager. The position of General Manager was offered to the petitioner based on the recommendation of the Departmental Promotion Committee (D.P.C.), properly constituted

by the respondent No. 1. Photocopy of the said recommendation by the Departmental Promotion Committee and the acceptance of the same by using formal appointment letter to the petitioner to the post of General Manager are enclosed herewith and marked as ENCLOSURE "X" to this petition.

4. That it is also stated that the impugned order of cancellation of promotion/ demotion order dated 24/03/1999 having been issued by the respondent No. 3 i.e. by the Secretary of B.S.C. is void as being issued by the incompetent authority under the B.S.C. Services Regulations, 1997.

5. That the statement made in paragraph 5 of the said Affidavit-in-Opposition being repetition of the statement made in paragraph 3 needs no comment at this stage.

6. That about the statement made in paragraph 6 of said Affidavit-in-Opposition, the petitioner reiterates the statement made in paragraph 14 of this Writ Petition. It is stated that ANNEXURE-“A” to the said Writ Petition bearing Administrative Order No. 48 of 1994 dated 27/11/1994 has nothing to do with the promotion. Actually the petitioner in admits the said order dated 27/11/1994 in as much as the said order was making the petitioner in-charge to the office of General Manager until further order. But the petitioner was in-fact promoted on 12/04/1998 vide Administrative Order No. 14 of 1998 which fully promoted the petitioner to the position of General Manager further to earlier Administrative Order No. 48 of 1994.

7. That it is stated that the show cause notice dated 04/01/1999 relates to the various procedures adopted by the Respondents while writing the Annual Confidential Report (referred as “A.C.R.”) supposed to be written by the higher authorities of the Petitioner. In fact, all the A.C.R. in respect of the petitioner given by the respondent No. 1 till 1994 shows excellent service report of the petitioner’s work and there was no criticism nor any adverse remarks against the petitioner, who was actually performing his functions as well as a General Manager of the corporation to the entire satisfaction of his superiors. In fact, after the impugned period of the A.C.R. i.e. part of 1994, all the A.C.R. are excellent and that since 1994 several years have passed and the petitioner continued to receive all his benefits such as special increment normal increment of salary, time scale which are essentially related to justify the case of promotion of the petitioner to the post of General Manager and at the same time shows that the so called part of A.C.R. for only one year i.e. 1993-1994 had no bearing or considered at all necessary in matters of placing the petitioner as General Manager in-charge vide Administrative Order No.48 of 1994. Had there been any

acceptance of the said report for a part of 1993-1994, the question of promoting the petitioner even on temporary basis would not have arisen.

8. That it is respectfully submitted the petitioner having being promoted vide Administrative Order No.14 of 1998 (ANNEXURE-"A") to the petition, the question of application of Rule-7 (Ka)(2)(b) of the said Service Rules of 1997 simply could not apply. Once promoted the question of either cancellation or demotion or putting him in the lower rank do not apply and more so, where such drastic actions are considered serious allegations calling for major penalty against the petitioner by conducting one sided departmental action and that too on the basis of the secret departmental enquiry without giving the petitioner any opportunity to refute the allegations before the said so called enquiry committee. In any case, the so called show cause notice as per Annexure-1, vide Affidavit-in-Opposite is a face saving measure to white wash the so called one sided and malafide order passed at the instance of another General Manager Mr. Rakibuddin, Ahmed who was thrown out by the corporation for his misdeed known to the Corporation. He, however, got the said order illegally on technical grounds.

9. That the impugned order is arbitrary discriminatory and against the fundamental rights of the petitioner as guaranteed under Article Nos. 27, 29 and 31 of the Constitution of the People’s Republic of Bangladesh, in as much as the order of cancellation of promotion was given retrospective effect of the entire period of so called probation period of 1 year, during which the impugned order was ultimately passed on 24/03/1999.

10. That the statements made in paragraphs 1 to 9 herein above are true to my knowledge and the rest are humble submissions before this Hon'ble Court.

Prepared in my office _________________ (DEPONENT)

ADVOCATE The deponent is known to me and identified by me.

ADVOCATE

Solemnly affirm before me by the deponent this the day of ......... 2002 at .............

Commissioner of Affidavits

Supreme Court of Bangladesh High Court Division, Dhaka.

15. Supplementary Affidavit before HCD o the Supreme Court

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. 783 OF 2001.

IN THE MATTER OF:

An application seeking permission to adduce all

exhibits numbering exhibits 1-13 in the Court

Record for fair disposal of the case.

- AND -

IN THE MATTER OF:

Md. Fazor Ali.

. . . .Defendant-Respondent/Petitioner

-V E R S U S-

8. Shahajadi Begum and others.

. . . . Plaintiffs-Appellants/Opposite-Parties

TO

MR. JUSTICE MAINUR REZA CHOWDHURY, CHIEF JUSTICE

OF BANGLADESH AND HIS COMPANION JUSTICES OF THE

SAID HON’BLE COURT.

The humble petition of the Respondents

named above most respectfully:

S H E W E T H

1. That the above case was due for Judgment on 19.03.2003. But your / his

Lordship Mr. Justice Syed Mahmood Hussain started to deliver the

Judgment, with his utter surprise your Lordship found that though the file

was ready as signed by the record officer as ready for hearing yet all the

Lower Court exhibits were not formally recorded in the Court records,

hence, this application for permission.

2. That due to this administrative failure to bring the same to Courts records

his Lordship was pleased to adjourn the Judgment and Ordered that the

Plaintiff-Appellants / Opposite-Parties are directed to file separate

application to adduce those exhibits in the High Courts Records.

3. That it is submitted unless this Hon’ble Court while delivering Judgment of

the Civil Revision considers these documents the Plaintiff-Appellants /

Opposite-Parties would suffer irreparable loss and injury.

Wherefore it is most humbly prayed that

your Lordships would graciously be pleased

to allow the Plaintiff-Appellants / Opposite-

Parties to adduce all exhibits numbering

Exhibits 1-13 in the Courts Record for fair

disposal of the case and pass any other or

further order or orders as to your Lordship

may seem fit and proper.

AND FOR THIS ACT OF KINDNESS YOUR PLAINTIFF-

APPELLANTS / OPPOSITE-PARTIES AS IN DUTY BOUND

SHALL EVER PRAY.

A F F I D A V I T

I, Md. Asgar, son of late Hajee Amzad Ali at present residing at 18 Prosonna

Poddar Lane, P.S. Kotwali, Dhaka, aged about 38 years, by faith Muslim, by

nationality Bangladeshi, by occupation businessman, do hereby solemnly affirm

and say as follows :

1. That I am Respondents No. 2 of the above named Civil Revision and party to this application

for seeking permission to adduce all exhibits and as such, I am fully conversant with the

facts and circumstances of the case and am competent to swear this affidavit.

2. That the statements made herein above are true to the best of my knowledge and belief.

Prepared in my office.

_____________ (DEPONENT)

The deponent is known to me and identified by me.

ADVOCATE

ADVOCATE

Solemnly affirm before me by the said deponent on this the….

day of March 2003 at ……..

Commissioner of Affidavit

Supreme Court of Bangladesh

High Court Division, Dhaka.

16. Supplementary Affidavit Before HCD of the Supreme Court

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 4563 OF 2001

IN THE MATTER OF

Salimabad Hotel & Restaurant.

.........

PETITIONER

- VERSUS -

The Secretary, Ministry of Communications

(Roads, Highways and Railways Division) and

5 others.

.......RESPONDENTS

SUPPLIMENTARY AFFIDAVIT ON BEHALF OF THE PETITIONER.

I Md. Shahid, son of late Md. Akbar, proprietor of M/s. Salimabad Hotel &

Restaurant of 44 Bangabandhu Avenue, P.S. Ramna, Dhaka, at present residing at

9, Haji Moinuddin Road, P.S. Kotwali, District-Dhaka aged 38 years, by faith

Muslim by occupation businessman by nationality Bangladeshi do hereby

solemnly affirmed and state as follows:

11. That I am the Petitioner of this Petition and conversant with the facts

and circumstances of the case and, therefore, competent to swear this

affidavit.

12. That this matter in this petition are true to the best of knowledge and the

information received from the supporting documents and I verily

believe to be true and correct.

13. That at the time of filing of this Writ Petition minor errors and

confusion as to the exact location of the Petitioners which plot 01, have

been numbered as 5A and 5B, in the lease agreement dated 07/03/1968

DIT without mentioning the different Khatian of plot Nos. 181 and 182

to which the petitioner’s building is situated.

14. That as stated in the Writ Petition on running page 40 second last line 7

that upon issues of facts and law a Writ Petition was earlier numbered as

Writ Petition 1325 of 1990 against the self same Respondent, and the

Rule was made absolute with the direction upon the Respondents not to

any way interfere with the prime title interest and possession of the said

Writ Petition namely NATAAB.

15. That though there is no confusion regarding identity and quantum of

land and possession as demonstrated from the various supporting

documents such as acquisition of the landing in question and

authorization of the Government to develop the land by the RAJUK by

giving lease for 99 years to construct commercial buildings and

inconsequence of which the land in question was acquired and by the

DIT and they have been running this popularly nor Salimabad Hotel for

the last 40 years.

16. That to further strengthen the statement of the Petitioner that the

impugned property being Plot nos. 5A and 5B vest in the Petitioner by

virtue of the aforesaid Lease agreement dated 07/03/1968 and that the

Respondent No.1 and 5 have no claim nor could thereby any such claim

is born out from survey and apportionment by Md. Zakir Hossain and

Md. A. Kader surveyor private Tejgaon, Dhaka dated 15.02.2001, A

photocopy of the said survey is annexed hereto and marked as

ANNEXURE-‘X’ to this petition.

17. That the additional documentary evidence as annexed to this

supplementary petition to make it beyond any shadow of doubt that the

Petitioner is the actual owner not possession of the said property.

Prepared in my office

_________________

ADVOCATE DEPOENT

The deponent is

known to me and

identified by me.

ADVOCATE

Solemnly affirmed before me

by the said Deponent this the

day of April, 2002

Commissioner of Affidavit

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA.

17. Affidavit for Contract of Pupilage to become a lawyer

Before Mr. …………….., Notary Public, Dhaka, Bangladesh.

AFFIDAVIT

(AFFIRMING EXECUTION OF THE CONTRACT OF PUPILAGE UNDER SUB RULE (3) (II) OF RULE 60 OF THE BANGLADESH BAR COUNCIL RULES.)

I Kazi Siratun Nabi son of Barrister K. S. Nabi of House No.90 Road No.7/A

Dhanmondi Residential Area, Dhaka-1209, a pupil for enrolment as Advocate,

aged about 27 years, a citizen of Bangladesh, do hereby solemnly affirm and

declare as follows:

1. That on the 1st Day of July, 2002 a contract of pupilage required under Sub-

Rule (3) (II) of Rule 60 of the Bangladesh Bar Council Rules as contained

in Articles of pupilage hereto annexed and marked as Annexure-‘A’ was

duly executed by me and Mr. H.R. Sharif to the Dhaka Bar Association

though has practised as Advocate for not less than 10 (Ten) years.

2. That the statements made above are true to my knowledge and belief.

_________________

Signature of the pupil

(Deponent.)

The deponent is known to me and has signed in my presence and identified by me.

Advocate

18. Forms of Contract of Pupilage to become a lawyer

FORM OF CONTRACT OF PUPILAGE UNDER SUB RULE (3) (II) OF RULE 60

OF THE BANGLADESH BAR COUNCIL RULES.

Articles of Agreement made and concluded this the day of July 2002.

between Mr. H.R. Sharif, Advocate enrolled in the year 1962 of the Dhaka Bar

Association and Mr. Kazi Siratun Nabi, son of Barrister K. S. Nabi of House

No.90 Road No.7/A Dhamondi Residential Area, Dhaka-1209.

Now these presents witness that Mr. Kazi Siratun Nabi of his own free will doth hereby place and bind himself as pupil of the said Mr. H.R. Sharif, Advocate to be taught by him and instructed in the practise and profession of an Advocate and agree to serve him from the date hereof for and during and until the full end of 6/18 months. That the said Mr. Kazi Siratun Nabi doth covenant and agree with the said Mr. H.R. Sharif, and those of his clients and readily and cheerfully obey and execute his lawful and reasonable commands and shall not depart or absent himself from the said service and employ of the said Mr. Kazi Siratun Nabi,

Advocate any time during the said term without consent first had and obtained and shall honestly and faithfully behave himself in all reports as a good and faithful pupil and the said Mr. H.R. Sharif, doth convent to and agree with the said Mr. Kazi Siratun Nabi, Advocate by these presents that the said Mr. H.R. Sharif, Advocate shall and will accept and take the said Mr. Kazi Siratun Nabi, Advocate as his pupil for and during the said term of 6/18 months and shall and will by the best ways and means in his power and to the best his knowledge shall teach and instruct or cause the be taught and instructed the said Mr. Kazi Siratun Nabi in the practice and profession of an Advocate.

In witness, whereof, the said parties to these presents have hereunto signed and

subscribed their respective hands this day, this year first above written.

Witness:

1. Signature of the Advocate.

2. Signature of the pupil

The End