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BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)

....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......under the first party-lessor-respondent in respect of several floors of a multi-storied commercial building comprising of 12 floors situated at 107, Motijheel Commercial Area, Dhaka since 1982 and dispute arose between the parties over payment of rent, service charges, etc. which led to a refere..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No. 44 of 1990 in the Court..

Category: Business or Commercial Law | Date: | Hits: 106

Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)

....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......I of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should..

Category: Business or Commercial Law | Date: | Hits: 112

Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)

....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......(V of 1908) Order XXI, rule 26 Execution of a decree can not be stayed after disposal of the appeal on the plea of pending contempt proceedings connected with the parties and the property in dispute………….(5)  Lawyers Involved: Moksudur Rahman,..

Category: Others | Date: | Hits: 74

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......esentations made by the respondent for its release. 7. The Peoples Republic of Bangladesh (appellant No. 1) contested the writ petition. In the affidavit-in-opposition it contended that the disputed property comprising 6 rooms was requisitioned on 1 July 1974 and the other rooms on 16 Jul..

Category: Property Law | Date: | Hits: 73

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......nded period High Court Division acted illegally in not holding that the suit was not maintainable and plaintiff was not entitled to a declaration of reinstatement in service. 8. There is no dispute that the respondent No. 1 was appointed as lecturer of Kalashkati Degree College on 6-9-198..

Category: Others | Date: | Hits: 84

Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)

....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......ivision Bench ought not to have simply discharged the Rule for non-prosecution when the earlier order of the enquiry was pending before the High Court Division for disposal. 5. There is no dispute that the writ-petitioner who filed the writ petition can very well make a prayer for non-p..

Category: Others | Date: | Hits: 88

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ision in Civil Revision No. 3216 of 1997 whereby, in reversal of the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. I..

Category: Property Law | Date: | Hits: 59

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......their seniority has been affected. Seniority and promotion of civil servants being terms and conditions of service the Administrative Tribunal is possessed of the exclusive jurisdiction to hear the dispute in such matters. The case is thus fully covered by our decision in the cited case. No subs..

Category: Constitutional Law | Date: | Hits: 151

Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......trative convenience and, as such, decision by him evidently is to be based on consideration of these factual aspects. 7. The learned Judges of the High Court Division rightly held that the dispute regarding variation of population cannot be resolved in a writ petition under Article 102 o..

Category: Others | Date: | Hits: 82

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ...... a class apart from other services of the Republic as a distinct entity, never to be treated alike or merged or amalgamated with any other service, except with a service of allied nature. 69. The dispute regarding pay emanates from have been notified separately as a class apart from the grades, ..

Category: Constitutional Law | Date: | Hits: 829

Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)

.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... passed in Other Class Suit No. 283 of 1978 were fraudulent and void respectively stating, inter alia, that as defendant Nos. 8 and 9 tried to construct a pathway over the land of the plaintiffs a dispute arose and on being asked by defendant Nos. 3 and 4 to sign a blank stamp paper they signed ..

Category: Civil Law | Date: | Hits: 104

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ......uly 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarred to comment on ti..

Category: Constitutional Law | Date: | Hits: 164

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 36. ...... Bimalendu Bikash Roy Choudhury J.- This appeal is directed against the judgment and order of the High Court Division in Writ Petition No. 2109 of 1996. 2. The relevant facts are brief and not in dispute. There are two registered trade unions in Karnaphuli Papers Mills, Ltd, briefly, KPM. One is..

Category: Labour and Industrial Law | Date: | Hits: 163

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....from the respondent to professor Anwarullah Chowdhury and other Members of the Admission Committee. The letter was placed in the meeting of the Syndicate held on 1-1-94 and the Syndicate adopted a resolution that the audit of the found has neither been done appropriately for following legal proc......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..

Category: Constitutional Law | Date: | Hits: 201

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......n the ground of such identification which is of no importance and which is a meaningless exercise.” 3. Mr. Serajul Haque learned Counsel for appellants submits that there is no dispute on factum of dacoity; the dispute is only in respect of recognition. It is also submitted t..

Category: Criminal Law | Date: | Hits: 92

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......of the proceeding invoking its jurisdiction under 561A of the Code of Criminal Procedure. At the hearing of the matter in the High Court Division it was argued on behalf of the respondents that the dispute which cropped up between the parties subsequently after the completion of the Air Conditio..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......accepted the rent beyond the 7th day it could not be said that there was default made by the petitioner. Mr. Karim has riot, however, been able to support his submission by any authority. He does not dispute that payment of rent by the tenant beyond It stipulated date would make him a defaulter but ..

Category: Tenancy Law | Date: | Hits: 70

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......e Code of Civil Procedure and an appeal is a continuation of the suit, the broad principles enunciated in Halsbury’s Laws of England may gainfully be followed by the appellate Courts when the dispute is as to the quantum only. But in this appeal, the appellants are not challenging the quan..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......the Government; the order of revival passed upon his application was illegal. Mr. Sarkar brought large number of authorities to show what is meant by Government. 5. Nobody for a moment will dispute that t Public Prosecutor is not the Government. But nobody also will dispute that a Public ..

Category: Criminal Law | Date: | Hits: 74