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Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)

....round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ...... Labour Court by its judgment and order dated 26-04-2001 allowed the case in part directing the petitioner (BADC) to pay wages dur­ing the period of suspension to the respon­dent No.1 excluding the amount paid as subsistence allowance within 60 days from the date of judgment and order. 6. The p..

Category: Employment/Service Law | Date: | Hits: 87

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......ng the above submissions held that the writ petitions are not maintainable observing as follows:- "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement, of fundamental rights, guaranteed by th......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)

....ade allotment on August 13, 1998 for 99 years. The land so allotted is 7.24 square yards. The Government fixed the price and there was option either to pay the price so fixed at one time or by five installments, that the allottees i.e. Respondent in the respective leave petitions paid in some ca......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ..

Category: Property Law | Date: | Hits: 27

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

.... from any illegality or infirmity for our interference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......There is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles;  (c) It must be presumed that the legislature understands and correctly apprecia...... from any illegality or infirmity for our interference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..

Category: Employment/Service Law | Date: | Hits: 133

M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)

....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......o. 3 (defendant) for realizing Tk. 21,34,822.87. The Trial Court decreed the suit. Thereafter the decree holder bank instituted Decree Execution case No. 1 of 1998 for executing the decree for an amount of Tk. 26,21,899.97 i.e. for decretal amount of Tk. 21.34,822.87 with interest at the rate o..

Category: Banking Law | Date: | Hits: 90

Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)

....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ...... made in the Artha Rin Adalat Ain is not efficacious forum since for preferring an appeal against the decree of the Artha Rin Adalat the judgment-debtor is required to deposit half of the decreetal amount before the Court for the acceptance of the appeal on the finding that since the Artha Rin A..

Category: Civil Law | Date: | Hits: 73

Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)

....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: V ADC (2008) 786. ......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: V ADC (2008) 786. ......ant, the dis­pute between the parties remains only in respect of quantum of money to be paid to the plaintiff by the defendant, the landlord, and as the defendant is willing to return only the amount of salami received by her against the said shops and is also agreeable to pay further claim ..

Category: Alternative Dispute Resolution | Date: | Hits: 192

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

....d local "The Daily Azadi" being contrary to its own decree allowing the petitioner company to pay off the decreetal amount of Tk. 1,33,46,000/- to the decree-holder bank in 4 (four) equal installments within one year form the date of the delivery of judgment, which was delivered on 3.1......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......shy;ties in Chittagong in national "The Dainik Manab Jamin" and local "The Daily Azadi" being contrary to its own decree allowing the petitioner company to pay off the decreetal amount of Tk. 1,33,46,000/- to the decree-holder bank in 4 (four) equal installments within one ye..

Category: Civil Law | Date: | Hits: 102

Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)

....tly dismissed the civil revision war­ranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......tly dismissed the civil revision war­ranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......hat the defendant Nos.1-5 reconstructed the suit premises in 1989 at a costs of Tk.1,50,000/-.  The contesting defendants also contended that the original plaintiff having received the advance amount of Tk.45, 000/- was liable to adjust the same against the monthly rents and the defendant&rs..

Category: Property Law | Date: | Hits: 91

Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......receiving the balance of the consideration money within two months upon collecting the necessary certificates, that the defendants subsequent to the exe­cution of the agreement received further amount of Tk. 13,000/- upon making endorsement on the reverse page of agree­ment, that the defe..

Category: Civil Law | Date: | Hits: 74

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......money from running bills only, after adjustment of the full earnest money from each running bill before the earnest money was exhausted. As a result all the time the 1st party received running bill amount less than the amount they were entitled to. The 2nd party by their negligent act and omissio..

Category: Business or Commercial Law | Date: | Hits: 129

Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)

.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ......ence arrived at the find­ing that exhibit 'Kha" shows that the land­lord obtained a decree in respect of the suit land for non-payment of rent and Hamid Ali, by depositing the decretal amount with costs in the execution case, saved the suit land from auction sale and then he remaine..

Category: Property Law | Date: | Hits: 20

Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)

....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 670. ......from a simple heba (gift) is as good as a sale deed having all the ingredi­ents of a sale deed and as such we do not find any merit in the submission of Dr. Rahman. 10. It is the settled principle of law that nothing short of a decree of a competent civil court can undo a registered i......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 670. ..

Category: Property Law | Date: | Hits: 26

Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)

....ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ......vit-in-opposition stating, inter alia, that gas connection of the petitioners' factory has been disconnected for non payment of actual monthly gas bills and for non payment of interest on the bill amount and that an amount of Tk. 56,60,009.87 is also outstanding in respect of the petitioners' fa..

Category: Others | Date: | Hits: 92

Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)

....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......ns assigned by the trial Court, has reversed the judgment passed by the trial Court. The findings recorded by the Court of appeal below are supported by evidence on record and are based on correct principle of the apprecia­tion of evidence. It found no illegality in the impugned judgment tha......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..

Category: Property Law | Date: | Hits: 21

Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)

.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......Chief Martial Law Administrator further ordered for confiscation of his immovable properties to the government towards realisation of the fine and in case the confiscated properties did not cover the amount of fine, he would have to pay the rest, in case of default, he would have to suffer rigorous ..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the Hig......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..

Category: Property Law | Date: | Hits: 32

Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)

.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ...... Bangladesh Telegraph and Telephone Board (BTTB) seeking permission to provide VSAT links and the BTTB upon giving necessary permission issued Demand Notes on different dates and the Company paid the amount of the said Demand Notes, that the Company for the three locations entered into separate VSAT..

Category: Anti-Corruption Laws | Date: | Hits: 113

Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)

....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ...... was given to respondent No.2 to defend his case before the  inquiry committee.  Lastly, the learned Advocate submits that the learned Judges of the High Court Division misapplied the principle of law decided in the case of Bikash Ranjan Das vs. the Chairman, 2nd Labour Court, Dhak......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..

Category: Labour and Industrial Law | Date: | Hits: 117

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. .......100/-; that defendant No.1’s father on obtaining permission from the landlady, i.e. present plaintiff’s mother, constructed hut spending TK.2,000/- and although landlady promised to pay the said amount but did not pay the same; that in 1958 there was fire and the structures in the suit premises..

Category: Tenancy Law | Date: | Hits: 169