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M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ...... Article 102 of the Constitution and the High Court Division discharged the Rule on the same ground of limitation. 2. Being aggrieved, the petitioner filed civil petition for leave to appeal and leave was granted mainly to consider whether there could be any termination if t......itution and the High Court Division discharged the Rule on the same ground of limitation. 2. Being aggrieved, the petitioner filed civil petition for leave to appeal and leave was granted mainly to consider whether there could be any termination if the absence is only for 1..Category: Employment/Service Law | Date: | Hits: 81
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......05.70. 2. The appellant as plaintiff filed the suit stating inter alia, that the plaintiff is a private limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power Development Board (P.D.B). The plaintiff runs the Business by taking loan f......y J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and F......ity". And the suit of the plaintiff was barred under clause 8(b) of the insurance policy having not been filed within 6 months from the date of repudiation of the claim. 8. Leave was granted by this Division against the said judgment and order of the High Court Division to consider..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ................Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Referred to- 1970 PLD (SC). Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advoca......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... Alhaj Shamsul Haque and Others…………………..Respondents Judgment March 15, 2003. Result: The review petition is dismissed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner. Md. Nawab Al......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties. 11. As to how the Court should exercise its power under the rule and what are the limitations in the exercise of such power, the judicial commi......ip;….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. Cases Referred to- Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249=ILR 48 Cal. 832; Managing Committ...... the Rule absolute and setting aside order dated 14.5.1989 passed by the Subordinate Judge, 3rd Court, Dhaka allowing amendment of the plaint in Title Suit No. 2 of 1987. 2. Leave was granted to consider whether the High Court Division rightly interfered with the order of the Subor..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......iat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and another..........Respondents Judgment May 1, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shah, Assistant Attorney General with him), instructed by B. Hossain, Advocat......exceeded its jurisdiction in holding that the civil court decree obtained by the respondent was fraudulent and with this finding the High Court Division made the Rule absolute. 5. Leave was granted to consider the following:- "It is submitted by Mr. B. Hossain, learn..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......ires and the appellant also filed an application under order 39 Rule 1 of the Code of Civil Procedure and the above court on 30.11.1999 passed an order of status quo restraining the defendants not to issue license of Nikah Registrar till hearing of the injunction matter and as a result license w......nt No. 1 as Nikah Registrar of Goalerchar Union and reinstating the appellant as Nikah Registrar of the said Union and consequently the District Registrar, Jamalpur issued the Memo dated 13.6.2000 granting license to the appellant to act as Nikah Registrar of Goalarchar Union on temporary basis...Category: Civil Law | Date: | Hits: 133
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ...... "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ petition on 25.8.92 through its Advocate and got a draft affidavit in oppositi......wyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil Appeal No. 97 of 1997) AJ Mohammad Ali, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil A......bove writ petition by the appellants but the learned Assistant Attorney General appeared and made his submission. The High Court Division, after hearing, made the Rule absolute. 5. Leave was granted in both Civil Appeal Nos. 97 and 98 of 1997 on the following sub-missions:- ..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......extended upto October 31,1984 and the last date of shipment was also extended upto November 30, 1984, that the Government in the Ministry of Finance by S.R.O. dated October 16, 1984 in exercise of powers conferred by section 19 of the Customs Act and section 4(1) of the Sales Tax Act exempted su...... Ed. This Case is also Reported in: ......assessed on the basis of tariff value in operation on the date of submission of the Bill of Entry and as such on both counts judgment of the High Court Division is liable to be set aside. Leave was granted to consider the aforesaid contentions. 9. At the outset it may be stated that the f..Category: Fiscal/Taxation Law | Date: | Hits: 74
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......ul Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioners (In both the cases) Not represented- the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos.715 and 716 of 2007. (From the judgment and order dated 31.08.06 passed by the High......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
.... and in this connection it is pertinent to be mentioned that the sale committee of the defendants had accepted the price as offered by the plaintiff in respect of the properties and though this is discretionary power and this discretionary power cannot be exercised by the defendants after t......connection it is pertinent to be mentioned that the sale committee of the defendants had accepted the price as offered by the plaintiff in respect of the properties and though this is discretionary power and this discretionary power cannot be exercised by the defendants after the confirmatio......;……………………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad,......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......tin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record – For the Appellant. R......n Civil Appeal No. 36 of 2008 and the petitioner in Criminal Petition for Leave to Appeal No.146 of 2008 are common and the matter in issue in the Appeal and the Criminal Petition is also common i.e. granting of the bail in the writ petition and rejection of the prayer for bail in a pending Criminal..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......ut lawful authority. 5. Leave was granted to consider the submission that the High Court Division misdirected itself in law in taking the view that the Executing Court could suo motu exercise its power under Order XXI Rule 90 of the Code of Civil Procedure and the submission that the High Court ......oynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved......Being aggrieved the writ petitioner preferred Writ Petition No.1526 of 1999 before the High Court Division to have the said order declared to have been made without lawful authority. 5. Leave was granted to consider the submission that the High Court Division misdirected itself in law in taking ..Category: Civil Law | Date: | Hits: 92
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......n objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the appellants. The suit was dismiss......and order dated 3.6.97 passed by a Division Bench of the High Court Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them fro......ancellation of sale deeds the RAJUK has taken a reasonable and lenient view by merely passing the order of suspension of the construction work without cancelling the plan. 6. Leave was granted to consider whether the High Court Division was correct in cancelling/suspending the p..Category: Property Law | Date: | Hits: 35
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......p;….. Appellants Vs. Abdul Mannan Lasker and another .......Respondents Judgment March 23, 2004. Lawyers Involved: A.J. Mohammad Ali, Additional Attorney General, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Md. ......ined the Bangladesh Ordnance Factory at Gazipur on 16.12.71 and had he not joined the war of liberation, after expiry of his leave, he could easily go to Pakistan to join his service there; he was granted two years ante-dated seniority in recognition of his participation in the liberation w..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ....... 15. The High Court Division found that clause (a) of the Notification No. 234 MFCS(XIV)Salt-4(74) dated 26th August, 1974 published in the Gazette on 5th September, 1974 in exercise of the powers conferred by clause 7 of the Food stuffs Price Control and Anti-Holding Order, 1953 fix......p;……………...Appellant Vs. The State...........................................Respondent Judgment April 6, 2004. Case Referred to- Nikunja Bihari vs. Special Tribunal, 27 DLR 309. Lawyers Involved: Abdus ...... Procedure praying for quashing the above judgment and order dated 16.2.2000. A Division Bench of the High Court Division, after hearing, rejected the above case summarily. Then leave was granted by this Division on the following terms:- "Because the state f..Category: Criminal Law | Date: | Hits: 70
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......orney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and as such the application was liable to be dismissed. The Government of Bangladesh contested the case asserting that the power of attorney dated 11.9.1981 in favour of Mr. Lutfor Rahman Sarder was fraudulent, collus......Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State B......of High Court Division in First Appeal No. 19 of 1998 setting aside the judgment and order dated 5.1.1998 passed by the Subordinate Judge and District Delegate in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under Section 372 of the Succession Act. 2...Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......bsp; Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Single Bench ......evision No. 767 of 1997). Judgment Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment a..Category: Property Law | Date: | Hits: 33
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......robate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trilakha Nath Roy made in favour of the respondent No.1 Swaras...... against the impugned judgment and order dated 04.11.1999 passed by a Division Bench of the High Court Division in the First Appeal (Probate) No. 246 of 1996, allowing the appeal on compromise and granting probate upon the disputed will and thereby setting aside the judgment and order dated 20.0..Category: Property Law | Date: | Hits: 74
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ract to the Respondent No. 1 being of the nature of act of the arbiter is not sustainable in law as because the High Court Division in writ jurisdiction is not authorized to arrogate to itself the power of arbiter. 8. The learned Counsel appearing for the Respondent No. 1 has submitted th......an J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: Syed lshitaq Ahmed, Senior Advocate, instruct...... of the remaining phases of the contract since the said direction has been made in the light of the resolution taken by the Respondent No. 2 The other contentions that High Court Division has granted relief to the Respondent No. 1 although not prayed for in the writ petition and that in dis..Category: Procedural Law | Date: | Hits: 83
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