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Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

.... findings of the trial court with reference to docu­mentary and oral evidence on record.  18. The High Court Division further held that the judgment of the Court of appeal suffers from defect of misreading of evidence and non-consideration of materi­als on record.  19. In th......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....Case for pre-emption in the court of Assistant Judge, Sunamgonj.  4.  In the appellants contested the case by filing written statement contending inter alia that the application is bad for defect of parties and all the co-sharers of the case holding have not been made parties men­tion......ment, the pre-emptor-respondent filed Miscellaneous Appeal No. 10 of 1983, which was dismissed by the 2nd Court of the learned Subordinate Judge, Sunamgonj on 03-11-97 on the same ground of defect of party. Aggrieved thereby the pre-emptor-respondent preferred Civil Revision No. 372 of 1998 before t..

Category: Property Law | Date: | Hits: 56

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......ife of the deceased was killed by one Shohel, a relation of accused Mashuq Mia. A salish was held over the matter at the residence of accused Mashuq Mia on 13.11.1992 at about 8.00 A.M. The informant party and others went to the sal­ish at the house of accused-appellant Mashuq Mia where accused ..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ......99 discharging the rule issued against the judgment and order dated 9.5.1999 passed by the First Labour Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay proportionate dues to the first party respondents on the basis o..

Category: Labour and Industrial Law | Date: | Hits: 130

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......Arbitrator proceeded ex parte in spite of the fact that he was not appointed in terms of the Contract embodied in clause B 6.31 of the Tender document (which forms part of con­tract) i.e., if any party to the contract is dis­satisfied with the decision of the Additional Chief Engineer he is ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......lic money paid as per order of the High Court Division. The Court has no reason to be rigid in vacating or modifying an ex parte interim order, if the facts, presence whereof would have disentitled a party in having an ex parte interim order are placed before the Court by the party seeking vacation ..

Category: Employment/Service Law | Date: | Hits: 109

Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)

....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same.  Accordingly, the leave petition is dis­missed.  Ed. ......ctures situated thereon  for recovery of Tk. 17,11,503.08 (taka seventeen lacs eleven thousand five hundred three and paisa eight) as on 31.12.1996. The present petitioner, who was opposite party in the aforesaid Misc. case failed to file written objection. The aforesaid Miscellaneous Case..

Category: Property Law | Date: | Hits: 110

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ated seniority and promotions as Assistant Commissioner of Taxes with effect from 5.8.1974 and as Deputy Commissioner of Taxes with effect from 31.10.1977 above Mr. Anawaruddin Ahmed, (the opposite party No.3 and 58 others in the Administrative Tribunal Case No.218 of 1991); that as per Rule (II)-..

Category: Administrative Law | Date: | Hits: 162

Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)

....ons made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed with costs.  Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......without any success. Thereafter the appellant filed petition for leave to appeal before this Division.  5. Leave was granted to consider the submissions that the appellant as was not a party in the dispute case and was also not made party in the appeal and his interest as was affecte..

Category: Procedural Law | Date: | Hits: 111