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Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......; It is needless to mention here that the overall administration and management of the said employer Companies are conducted and run on the basis of the decisions of the Board of Directors in terms and conditions of the Memorandum and Articles of Association of the said Companies. ......i. Md. Wahidullah, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-5. Civil Petition for Leave to Appeal No. 1634 of 2005. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Writ Petition No. 4388 of 2003.) ..Category: Employment/Service Law | Date: | Hits: 76
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......at the relief claimed by way of amendment is barred by limitation and is also beyond the ambit of Order 6 Rule 17 CPC. 5. The learned Counsel for the plaintiff-respondents submitted that in terms of Order 6 Rule 17 CPC amendments of pleadings can be allowed at any stage of the proceeding ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Comilla and others ..........Appellants Vs. Md. Abdur Rob and others ...........Respondents. ..Category: Civil Law | Date: | Hits: 107
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......ision as well as the Labour Court committed error of law in not appreciating that the respondents were appointed under the petitioners as tappers purely on contractual basis and under the terms of the contract they cannot claim to be the permanent workers. 9. It appears from the ...... (Civil) Present: Md. Ruhul Amin C J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J The Manager, Satgaon Rubber Bagan, Srimangal, Moulavi Bazar and another................Petitioners (In Civil Petition No. 1203 of 2005) General Ma..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......ld 1.62 acres of land to Kalipada and Jotish. After that transfer Mohim had his interest in 3.11 acres of land. Guru Charan filed a Money Suit No. 19 of 1944 against Ashini Sana. That suit ended in terms of compromise and that compromised an area of 1.53 acres of land was transferred in favour o...... Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......d summarily. Defendants case is that the plaintiff bank sanctioned loan to the defendant No.1 on 25.07.1984 for a sum of Tk.20, 14,087.00 and the defendants accepted the grant by admitting all the terms and conditions, the time was fixed on 28.04.1988 for repayment of the loan money together wit...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J K.K.K. Garments Limited…......Petitioner Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. Lawyers Invol..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......pplication to the Custodian of Evacuee Property for permission to sell six squares of land. The Custodian of Evacuee Property, by order dated the 28th May, 1949, granted the sanction in the following terms:— "I have, therefore, no objection if the petitioner sells 150 acres out of land rest......ahman CJ Sajjad Ahmad Jan J M. R. Khan J Waheeduddin Ahmad J Taj Din...........................................Appellant. vs. Mrs. Razia Begum Alvi and others.................Respondents Judgment December 15, 1970. The Paki..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......medy sought for lay before the Administrative Tribunal. It is further contended that the writ respondent Nos. 4-17 joined their service in 1987-88 under the Ministry of Education. Although in terms of Rules 6 and 7 of the Bangladesh Civil Service (Recruitment) Rules, 1981 the departmental e......M Amirul Islam, Senior Advocate, instructed by Mrs. Sufia Kahatun, Advocate-on-Record-or Respondent Nos. 1-6 (In both the cases) Civil Appeal Nos. 113-114 of 2008. (From the Judgment and order dated 02.10.2007 passed by the High Court Division in Writ Petition No. 10238 and 2006.) ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ...... time when letter of credit for import of the goods was opened or as per the SRO fixing the tariff value prevalent at the time of submission of the Bill of Entry for clearance of the goods in terms of sections 25(7) and section 30 of the Customs Act. The Chief Justice Latifur Rahman, as he ...... (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Collector of Customs, Customs House, Chittagong and others……Appellants Vs. M/s. Sumi Enterprise ..................Respo..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......;. Section 21(2): "A member of the Committee, not with standing the expiry of his term of office, shall continue to hold office until the vacancy caused by the expiry of the said terms has been filled". Here member includes a Mutwalli; so the appel......nt: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases Referred To- ..Category: Trust/Waqf Law | Date: | Hits: 173
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......m, Md. Mamtazuddin Ahmed, Md. Shamsul Huda, Farauqe Ahmed, Hasan Foez Siddique, Md. Abdul Hye, Md. Abdur Razzaque, Md. Marzi-ul Huq, Md. Nizamul Huq and A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. ...... of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......filed a suit for specific performance of contract and obtained sale deed through court on 23.5.1990; subsequently the defendant No.1 after possessing the suit land from more than 12 years, in terms of an argument for sale and on accepting Tk. 24,000.00, handed over possession of the sa......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers..Category: Property Law | Date: | Hits: 25
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ......operties by the aforesaid two trade unions and also their misappropriation of the rents and then the Government, after negotiation, granted lease of the above premises to the petitioners for a terms of 5 years on releasing substantial amount as salami; the petitioners thus instead of remain......e Court Appellate Division (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Banglad..Category: Civil Law | Date: | Hits: 84
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... and indifferent and did not feel it necessary during the last 36 years that they should get the lease deed executed and registered for peaceful enjoyment; the writ petitioner grossly violated the terms and conditions of the allotment and consequently the allotment was cancelled and the action o...... Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Rajdhani Unnayan Kartripakkha (RAJUK)….....Petitioner Vs. Dhaka Water Supply and Sewerage Authority and other……Respondents Judgment November 29, 200..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....d in 48 DLR (AD) 10 "The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted ...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......lso Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......ments enjoying waver of interest during the pendency of the Mortgage Suit No.33 of 1991. Thereafter the writ petitioner respondent on practicing-fraud upon the court and also suppressing the terms, conditions and observations of the preliminary decree regarding re-calculation of interest ......late Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited and others&he..Category: Property Law | Date: | Hits: 37
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 6. ......ccounts Audit Cadre under the Directorate of Finance of BWDB Thereafter BWDB issued Circular dated 27.1.2000 approving the "ms‡kvwaZ c`vqb" of all the officer and staffs of BWDB in terms of the cwiwkó K holding that Board of Trustees of BWDB is a separate entity under the ......Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Water Development Board and others……....Petitioners Vs Md. Quamruzzaman………&..Category: Employment/Service Law | Date: | Hits: 122
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....e Suit No.493 of 1983 for delivery of possession of the property in question but without any result. In the meantime, respondent No.1 published a list of abandoned building in the Bangladesh Gazette, extraordinary on 23-09-1986 but the petitioner's house was not included in the said list. Later on, ......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ...... Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involved: Md. A..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ...... daughters of Abdul Hakim Hawlader, by name Morjina Khatun instituted Partition Suit No.265 of 1959 in the Court of 1st Munsif and the same was preliminarily decreed on compromise and in terms of the preliminary decree Mojibul Haque got .505 acre of land in suit on the northern side wi......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Joynul Abedin J Mostafa Kamal..........................Appellant Vs. Md. Nasir Ahmed and others. ......Respondents Judgment May 27, 2008. Case Referred To- ..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......nd false case. 5. Leave was granted to consider the submission of Rokanuddin Mahmud, learned Counsel, appearing for the appellant that the letter of joint allotment dated 30.10.1994, acting in terms thereof the Government having executed a registered lease deed dated 05.11.1994 in favour of w......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nd proper administration of justice and whenever the Court sees that the demand of justice warrants exercise of such powers' it will reach out to ensure that justice is done by resorting to this extraordinary power conferred to meet precisely such a situation. True it is, that the pow......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal..Category: Criminal Law | Date: | Hits: 62