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Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....espondent filed an application contending that taking advantage of the civil court vacation and in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the praye......nt prayed for temporary injunction alleging threats by the defendant-petitioner to dispossess him on the plea of his purchase of the suit property on 9.7.1997 and the Trial Court passed an order of status quo. During pendency of the suit the plaintiff-respondent filed an application contending t..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....at tne Government reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that the order challenged was passed legally and lawfully. 6. At the time of hearing of the case it was submitted by the Governme......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plainti...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
...., are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decreed on 15.5.1989. Two (2) Miscellaneous Cases, M......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
..... 245(fm) of 2003 and the High Court Division thus already being in seisin of the injunction matter the impugned order passed by the lower appellate court directing for maintaining status quo is illegal and the High Court Division committed error in support in not considering this vital ground a......eal against the judgment and order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of 2004 disposing the rule directing both the parties to maintain status quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....23.9.87 and since the situation did not improve within the next 45 days, all the said workers of the factory of the appellant were retrenched with effect from 10.11.8? and they were paid all their legal dues; the above retrenchments did not lead to any industrial dispute nor it was challenged by...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....yed for return of the money but the same was not returned to the appellant. The appellant as allottee having had not paid rent a certificate case was initiated against it. The appellant challenged legality of the certificate proceeding by filing a suit but ultimately the appellant was not succes......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....en clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Division as well as the court below upon a total non-consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. 3 and 4 to be struck out from the plaint, that defen......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....versity authority i.e. for not attending his prayer for re-examination of the answer script (13th paper - the Administrative Law) and as such the direction given by the High Court Division was not legal since matter of giving direction for re-examination of answer script is exclusively within th......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....979 during the pendency of Title Suit No. 626 of 1975. The law is now settled that a judgment whether inter parties or not may be conclusive evidence against all persons of its existence, date and legal effect, as distinguished from the accuracy of the decision rendered. The former judgments and......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....nt workers before the Labour Court was that the appellant company was an industrial undertaking as per the scheme of the Companies Profits (Workers Participation) Act, 1968 and thus it was under a legal obligation to implement the scheme under the Act by establishing a Workers Participation Fund......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....e of parties or witnesses or expedience for the ends of justice and thus fell into error in transferring the case from Barisal Druta Bichar Tribunal to Khulna Druta Bichar Tribunal without any legal basis and the further submission that the High Court Division committed illegality in treati...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
....istrict Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order......such activities, the defendant No.l became furious. In the above suit Benode Behari Dutta also filed an application praying for an order of temporary injunction and on 4.6.98 obtained an order of status-quo. Biswajit Dutta (Bhulu), as plaintiff No. 1, also filed Title Suit No. 55 of 1998 in the ..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....dgment and order dated February 22, 1998 of a Division Bench of the High Court Division in Writ Petition No. 202 of 1990 discharging the Rule. 2. The writ petition was filed impugning legality of the order dated 3.12.1989 retiring the appellant from the service of the Banglades......t to retire the appellant from service as he admittedly developed problem in his eyesight and that though the physician recommended for grounding him but as there was no post equivalent to his status and pay where he could have been profitably employed, as such the order of retirement ..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... functions assigned to a revenue officer under the aforesaid rules, as to mutation cases, cannot be characterised as judicial functions, as he is not required by law to try a matter judicially and on legal evidence. The inquiry he makes and evidence he takes before sending his proposal is to satisfy......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....sessee under the head 'business'. 12. Mr. Shaukat Ali Khan forcefully argued that the assessee had no business during the Assessment year. To meet such argument, the Legislature took resort to a legal fiction by saying "for the purpose of sub-section (1) be deemed to be carried on by the Asse......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
.... the point as to whether amendment should or should not be allowed. It has been repeatedly held by the highest authorities that as a rule no amendment is allowed where its effect will take away any legal right which might have accrued to him by lapse of time. Here the transferee had failed to show......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....was not liable to be transferred without his consent to any station outside Dhaka under section 47B of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the I.R.O.), but he was illegally transferred from the Head Office to the Corporation's Regional Manager's Office at Comilla. ......n of section 47B of the I.R.O. is in relation to the appellant, a person in the service of respondent No. 1, a statutory public authority established under President's Order No.7 of 1973. The basic status of the appellant is that he is a worker of the Corporation. Without that status he could not ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....and. The facts of the case have grown pretty tong as the plaintiffs are campaigning from 1963 with the only grievance that proper notices not having been served, the acquisition of their land was illegal and invalid. Thus while it will be necessary to recount briefly all the facts for a proper app......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....etition) insofar as it relates to the appellant's house, at serial No. 41 under the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 a......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
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