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AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....l to respondent Nos. 2‑61. They further claimed that the Government order as contained in Memo No. Sha.Ma (Bldhi‑2) Gesthat‑57/93/ 49(100) dated 4-4‑94 is without lawful authority and of no legal effect and that the appellants are senior in service to respondent Nos. 2‑61. Briefly stated......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ustice. For all the above reasons, we find no cogent ground for our interference with the impugned judgment of the High Court Division. Mr. Roushan Ali, the learned Advocate, could not pinpoint any illegality or legal infirmity in the impugned. Judgment of the, High Court Division causing failure of......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....igh Court Division made the Rule absolute upon observing "We have more than once perused the above quoted paragraph 7 of the plaint and have considered the averments vis‑a‑vis the legal position as to the meaning of the cause of action. In its wider sense it is the necessary con......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....he learned Counsel for the pre-emptee- Respondents since the pre-emptor did not take appeal as against the order of the Revenue Officer the order has become final and binding on the pre-emptor is not legally well founded. An order of a competent Revenue Officer separating the jama in strict complian......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... relief before the High Court Division and, as such, while summarily rejecting the writ petition without issuance of any Rule the order of stay not being in aid and ancillary to the main relief was illegal exercise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan G......f their legal rights which entitled them to a writ of mandamus or any other directions of a like nature; and pending such determination it might have made a suitable interim order for maintaining the status quo ante. But when the Court declined to decide on the rights of the parties and expressly he..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....e Division (Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgme...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....aration to complete the work. They also asked the 2nd Party to perform their obligations without killing time but the 2nd Party instead of performing the contract obligations cancelled the contract illegally basing on a different matter which had no relevancy in the present matter preventing the 1st......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....that the petitioner has waived his claim for price adjustment since he completed the second contract at the previous rate. (5) The High Court Division erred in law in holding that there was no legal basis for legitimate expectation by the petitioner as no assurance was ever given either by th...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....209;312/4 dated 13‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and without lawful authority. 2. Facts, in short, are that the respondent No. 1......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....adesh and others .......................Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questi...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....aled. 9. Mr. Abdur Rezaque Khan, the learned Additional Attorney‑General, however, submitted that the grounds urged have been met by this Division in the impugned judgment are no legal grounds for review and there is no error apparent on the face of the record warranting review......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....otal consideration money and that in spite of repeated demands by the plaintiff as the defendant on receiving balance of Taka 25,000 was not executing and registering the kabala, the plaintiff served legal notice and thereupon the defendant served a legal notice on the plaintiff denying the executio......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....oses the appeal submitting, inter alia, that there being no denial by the appellant as to receipt of the grievance petition of the respondent No. 1 within time though it was submitted by hand, the legal requirement has been fulfilled as provided under section 25(1)(a) of the Act. 6.......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....nvening of the special meeting for the purpose of removal of the petitioner from the office of chairman was without any lawful basis and, as such, resolution taken in the said special meeting was illegal. It was also the contention of the petitioner that in the special meeting allegedly held on J......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....s passed allowing addition opposite party No.4 along with opposite party Nos.1 and 2 submitted joint written statements denying the case of the plaintiff. 13. In the circumstances and in view of legal position as finally settled by the Appellate Division, addition of opposite party No.4 as defe......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....e and one of them were re-employed and subsequently terminated from service. Their allegation is, that after their retirement/termination from the service the company till to day have not paid t heir legal dues namely, arrear salaries, allowances and provident fund dues. These dues were not paid in ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....nishable under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and that the Bishesh Adalat is not justified in convicting the condemned prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confine......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....the Government, in its affidavit‑in‑opposition, also specifically claimed that it had inducted late Shamsur Rahman as its tenant and received rents from him and therefore, the Government is under legal obligation to restore the vacant possession to the respondent No. 1 after removing therefrom t......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133