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Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......lications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Republic or of any statutory publ..Category: Employment/Service Law | Date: | Hits: 84
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... impugned judgment and order discharged the rule and hence is this petition. 3. In support of the petition, Mr. Mansurul Hoq Chowdhury,learned Advocate submits, inter alia, that the cause of action, if any, arose on 09.02.1999 the date of alleged issuance of the cheque in question or on 10...Category: Criminal Law | Date: | Hits: 36
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ectively and the Respondent Nos. 3 and 4 were appointed as Lower Division Assistant on October 8, 1973 and June 3, 1972 respectively, that the writ-petitioners discharged their duties to the satisfaction of the authority, that the Board prepared a gradation list for the purpose of promotion..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......trikingly similar case came up for consideration in the Supreme Court of India in Raja Soap Factory vs. S.R Shantharaj AIR 1965 SC 1449. In that case the plaintiff who wanted to bring a passing off action under the Trade and Merchandise Marks Act was required to file it in any Court not inferior ..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... 20,00000/- (Twenty lacs) to the petitioner towards the sale proceeds of the fishes. 3. The further case of the petitioner was the when after proper accounting of the business transaction it was found that the respondent No.1 failed to invest the money as required for his becomin..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......session has observed that the courts blow did not consider the said Ext. E series. The learned Advocate for the Respondent upon referring to the averments made in the plaint as regard cause of action submitted that without praying from consequential relief the suit was not maintainable...Category: Property Law | Date: | Hits: 23
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......ut legal basis and thus illegal. The relief available legally to the writ petitioners under law (under Ordinance of 1961) cannot be denied on the ground of acquiescence in the case as the action of the appellant itself is illegal and for patent want of legal jurisdiction such actio..Category: Property Law | Date: | Hits: 32
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......redressing his grievance and thus filed the writ petition. 8. He further submits with reference to Section 11 of the aforesaid Ordinance 1965 that there being clear indemnity of the bonafide action of the respondent the proceeding was also barred and as such the proceeding ought not to hav..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintiff has no manner of locus standi and cause of action against the defendant in the suit. The suit was barred under Provisions of P.O. 16 of 1972 a..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 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. ......ing over of Control and Management of Industrial and Commercial Concerns) Order 1972 that the property being a commercial undertaking did vest in the Ministry of Commerce and as such the purported actions of the Ministry of Works in the matter of allotting the property to the plaintiff was unaut..Category: Property Law | Date: | Hits: 41
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....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. ...... subject matter of the present suit are not common and the parties are also not common and the issues of the earlier suit and the issues involved in the instant suit are not common and the cause of action of the earlier suit and the instant suit are not common and that matter that constitute res-..Category: Civil Law | Date: | Hits: 122
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......connection therewith deposited Tk. 39 lacs and odd in favour of the Abandoned Property Authority but the sale could not be materialized since Writ Petition No. 35 of 1985 was filed challenging the action of the Abandoned Property Authority treating the Corporation's property in question and othe..Category: Property Law | Date: | Hits: 38
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....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. ...... writ petitioner by re-examination of the answer script in question. Moreover in the background of the materials in the recommendation of the Chairman of the Law department for transparency of the action of the University prayer for re-examination of the script, 13th paper Administrative Law, wa..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....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. ......ing settlement was not proved by calling competent witness. The appellate Court also concurred with the finding of the trial Court that transfer by Nurul Islam to Chahiruddin was a mere paper transaction and that plaintiff was dispossessed by the defendant Nos. 1-6 in the year, 1979 and as plain..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... there is reason to believe as to the guilt of the accused. 35. The circumstances stated above indicate the omission and commission in their close proximity of time, unity and continuity of action lead to no other hypothesis than that of guilt of the accused. 36. From the above f..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......mplaint for taking necessary steps. 3. On receipt of the petition of complaint, the Thana Magistrate, Balagonj, sent the same to District Anti-corruption Officer, Sylhet for taking necessary action by an inquiry and that on 2-9-1996, the Magistrate received the report submitted by the Dist..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....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. ......fore clear that this section only provides for punishment to delinquent director, manager or other officer responsible for the management of the affairs of the company and no more. The measure, or action contemplated under section'5 may result in actual practice in establishment of such Fund by ..Category: Labour and Industrial Law | Date: | Hits: 95
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....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. ......y Act. It may further be mentioned that Rules 20-24 of Chapter 6 of the Tenancy Rules, 1955 relate to matter of mutation as mentioned hereinbefore and from the provisions of the said Rules it is seen action(s) of the Revenue Officer relating to mutation matter is not judicial function. 19. Sectio..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......registered under section 60 of the Registration Act on 11.8.72. As a proposition of law the earlier decisions of the erstwhile Dhaka High Court were accepted and it was affirmed that the cause of-action for pre-emption accrues on date of registration of the kabala where registration is compuls..Category: Procedural Law | Date: | Hits: 119
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....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. ......st the respondent. The learned Judges have observed: "The alteration of the basis of the claim or of the pleading, in our view, has assumed a complexion wholly different from the original cause of action." Reliance was placed on PLD 1948 (PC) 73, 15 DLR (SC) 120 and provisions of Order 6, rule..Category: Procedural Law | Date: | Hits: 84
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