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

.... Appellant. ASM Khalequzzaman, Advocate-on-Record—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 48 of 1998 (From Judgment and Order dated 12-11-1997 passed by the High Court Division in Writ Petition No.1543 of 1990). Judgme...... delinquent was not given proper opportunity of being heard and that materials on record were not properly considered and, as such, the inquiry committee acted with malafide intention as such, the decision passed by the employer could not be sustained." Furthermore, the High Court Division ..

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

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

....on-Record- For the Appellant A.K.M. Abdul Hakim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 165 of 2000. (From the judgment and order dated December 2, 1997 passed by the High Court Division in Civil Revision No. 1056 of 1995). Jud......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. ..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....On-Record-For the Appellants. T.H. Khan, Senior Advocate, instructed Md. Aftab Advocate-On-Record-For the Respondent. Civil Appeal No. 49 of 1997. (From the judgment and order dated 21.01.1997 passed by the High Court Division in writ Petition No. 488 of 1994). Judgme....... The High Court Division in exercise of its jurisdiction under Article 102 of the Constitution exceeded its jurisdiction in interfering with the Civil suits then pending in the Civil Courts whose decisions and jurisdictions are amendable to interference only by an appellate and revisional court..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....ab Hossain, Advocate-On–Record- For the Respondent Nos. 1-3. Not represented- Respondent Nos. 4-8.   Civil Appeal No. 209 of 2003. (From the judgment and order dated 20.04.2002 passed by the High Court Division in Civil Revision No. 1578 of 1993). Judg......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..

Category: Property Law | Date: | Hits: 25

Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....ent No. 1 (In all the cases) Not represented- For Respondent Nos. 2-23 (In all the cases) Civil petition for Leave to Appeal Nos 1665-1667 of 2003. (From the judgment and order dated 09.02.2003 passed by the High Court Division in Civil Revision Nos. 2218, 2219 & 2220 of......n favour of the added pre-emptors. 12. In view of the discussion above, we are of the view that the High Court Division on correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. All the leave petitions a..

Category: Property Law | Date: | Hits: 25

Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)

....d, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record- For the Respondent      Criminal Appeal No. 08 of 2008 (From the judgment and order dated 22.11.2005 passed by the High Court Division in Death Reference No.81 of 2003 heard analogous......annot be approved. The 3rd Judge has not given his ‘opinion’ as contemplated by Sections 378 or 429 of the Code of Criminal Procedure and no judgment has followed and at this state any decision on the interpretation of the above sections is likely to influence adjudication upon matte..

Category: Criminal Law | Date: | Hits: 52

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....pondent No.1 (In Civil Appeal No. 142 of 2005) Not represented- Respondent No.2 (In Civil Appeal No. 143 of 2005) Civil Appeal Nos. 142-43 of 2005. (From the judgment and order dated the 3rd day of April, 2004 passed by the High Court Division in First Miscellaneous Appeal N...... afresh of the acquired land during twenty four months proceeding the date of service of notice on 30.10.1965, is not legal and the same is against the settled principles of law as laid down in the decision reported in 23 DLR (SC) 25, 27 DLR(AD) 65 and 29 DLR (SC) 110; that the High Court Divisi..

Category: Property Law | Date: | Hits: 37

Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)

....cord- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the High Court Division in Criminal Appeal Nos.3888 and 3889 of 2002.) Judgmen......connected papers including the impugned judgments. We do not find any substance in the points raised. The High Court Division upon cor­rect assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordi..

Category: Anti-Corruption Laws | Date: | Hits: 117

Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)

....iswas, Advocate-on-Record- For the Petitioner.   Not represented- the Respondents. Civil Petition for Leave to Appeal No.399 of 2007. (From the judgment and order dated 04.02.2007 passed by the High Court Division in Civil Revision No. 1022 of 1988.) Judg......tion for restoration of the Rule. In view of the discussions made above, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petiti..

Category: Others | Date: | Hits: 92

Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)

.... Ibrahim Khalil, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Civil Petition For Leave To Appeal No. 1527 Of 2006. (From the judgment and order dated 15.5.2006 passed by the High Court Division in Writ Petition No. 848 (B) of 2002). Ju......ere known or he did not cease to occupy or manage the building. 6. We are of the view of that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..

Category: Property Law | Date: | Hits: 26

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....by Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1,2,4-8. Civil Petition For Leave to Appeal No. 1563 of 2008 (From the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No. 8254 of 2007.) Judgment ...... of a statutory time limit. Thus a rating list was upheld even though made and transmitted after the required dates. A local planning authority, which is required by regulations to give notice of its decision within two months, was held able to give a valid decision after three months. An earlier ca..

Category: Civil Law | Date: | Hits: 125

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....- For the Petitioners. A. A Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 90 of 2007. (From the judgment dated 15.05.2007 passed by the High Court Division in Civil Petition for Leave to Appeal No. 885 o......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 200......revisional application before the District Judge against the order passed by the Joint District Judge in a suit the valuation of which is Tk.377,61,225/- and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a Fu..

Category: Limitation Law | Date: | Hits: 171

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

.... Not represented-Respondent Nos. 3-5 (In Civil Petition No. 993 of 2005). Civil Petition for Leave to Appeal Nos. 767 & 993 of 2005. (From the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004). ......cy. The Rule was made absolute in the writ petition and the respondents were directed to dispose of the application of the JTV dated 13.02.2002 within 30 days of receipt of that order. Against the decision, the Ministry and the Commission made two petitions for Leave to Appeal being Civil Petiti..

Category: Information Technology Law | Date: | Hits: 321

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....mad Ali, Senior Advo­cate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 269 of 2003. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993). Judgment ......the suit, the High Court Division on taking an erroneous view of the entire matter, illegally decreed the suit. (2) For that the High Court Division to­tally misread the ratio decidendi of the decision reported in 44 DLR (AD) 100 and had the said decision been properly considered then the R..

Category: Tenancy Law | Date: | Hits: 141

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....hah, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 817 of 2005. (From the judgment and order dated 27-4-2004 and 2-4-2005 passed by the High Court Division in Writ Petition No. 2235 of 2000).......ion for leave to appeal is directed against the judgment and order dated 27-4-2004 and 2-4-2005 passed by the High Court Division in Writ Petition No. 2235 of 2000 discharging the Rule by majority decision and refusing to interfere with decree of Artha Rin Adalat No. 4, Dhaka dismissing the suit..

Category: Business or Commercial Law | Date: | Hits: 122

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....overnment of Bangladesh...................Respondents Judgment  November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). Lawyer......tal misreading of the evidence on record of the High Court Divi­sion discharged the Rule which has caused grave failure of justice and need be rectified by this Court; that in the light of the decision by this Court in respect of any property allegedly taken over or included in the list of a..

Category: Property Law | Date: | Hits: 23

Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)

.... Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 958 of 2005. (From the judgment and order dated 11-5-2005 passed by the High Court Division in Civil Revision No. 4642 of 1997). Judg......ing and there­fore, the aforesaid registration number appears to be fake and forged. The High Court Divi­sion also observed that the appellate Court being a final Court of fact arrived at a decision that the defendant No.1 failed to prove his case by producing cogent and reasonable evide..

Category: Civil Law | Date: | Hits: 83

Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)

....Siddique, Advocate-on-Record—for the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1280 of 2007. (From the judgment and order dated 8-2-2007 passed by the High Court Division in Civil Revision No.1888 of 2003). Judgmen......bsp; give her  the  amount  till her marriage. 6. We are of the view that the High Court Division on proper consideration of the mate­rials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..

Category: Family Law | Date: | Hits: 155

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

....Ali, Advocate-on-Record—for Respondent No. 1. Not represented—Respondent Nos. 2-40. Civil Petition for Leave to Appeal No. 63 of 2007. (From the judgment and order dated 24-8-2006 passed by the High Court Division in Civil Revision No. 637 of 2002). Judg......gment and order of the High Court Division and also other connected papers. 6. As it appears, the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..

Category: Property Law | Date: | Hits: 26