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.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......ame was issued during pendency of the IRO Case No.43 of 1989 to give the respondent No.2 a lesson for instituting the case and during pendency of the Industrial dispute such action cannot be taken in view of the provision of section 47 of the Industrial Relations Ordinance though the IRO Case in que..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......improperly or the verdict suffered from legal infirmity and went against weight of evidence and materials brought on record. 6. The superior Courts of Sub‑continent in a series of decisions took view that upon an appeal for acquittal the appellate Court is not entitled to interfere with the dec..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......barak Ahmed Chowdhury his second son hide himself behind the bush of 'kulmi' trees by the side of the road with intent to murder his first son deceased Md. Bashir Ahmed Chowdhury and with that end in view the condemned prisoner came out from the bush of kulmi trees and inflicted a roller blow on the..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....from the record that the appellate Court below having found that the deed of re-conveyance executed and registered during pendency of the preemption case cannot defeat the right of pre-emption, has erroneously allowed the appeal rejecting the pre-emption case holding that the petitioner failed to ......arty No.4 Khaitun Bibi have not been substituted by the petitioner, this finding of the appellate Court below is erroneous and contrary to the amended provision of Order 22, Rule 4 of the Code. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner...Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......nd conditions of service and seniority of the Government Officers, it is within the exclusive jurisdiction of the Administrative Tribunal and as such the writ petition is not maintainable and in that view of the matter the High Court Division was wrong to make the rule absolute instead of dischargin..Category: Employment/Service Law | Date: | Hits: 149
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
...... but in the present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent.
7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......gh Court Division observed that the Court of appeal below committed serious error of law in rejecting the memo of appeal under the provision of Order VII Rule 11 of the Code of Civil Procedure. In view of the above, the submissions of the learned Advocate for the petitioner deserve no considerati..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......y for election but also for nomination as, or for being, a Chairman if he has defaulted in the repayment of loan taken by him from any specified bank within the time allowed by the bank thereof. This view finds support from a decision of the Division Bench of the High Court Division in the case of A..Category: Election Law | Date: | Hits: 301
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243....... agreement empowering the defendant to appoint an arbitrator and for this reason the plaintiff did not participate in the arbitration proceedings conducted by Mr. Justice Sultan Hossain Khan. In this view of the matter, the award of the arbitrator dated 21‑9‑91 is not an award contemplated under..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239....... of the plaintiff respondent. Now, according to him if the defendant-appellant even does not proceed with the SCC execution case pending in the Court of the Assistant Judge, 1st Court, Chittagong, in view of the impugned order, there is no legal bar for the Executing Court to proceed with die Execut..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......holding one trial with respect to separate offence of breach of trust totalling more than three and spread over a period of 3 years. I find no, substance in this contention of the learned Advocate in view of the provision of sub‑section (2) of section 222. Moreover, the accused‑appellant committ..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......sion reported in 42 DLR (AD) 167 and some decisions of the Pakistan Supreme, Court and Indian Supreme Court and a decision of the Appellate Division in CPSLA 147/79 held: "Therefore' we are of the view that the exemption so granted or accorded does not in any way create any vested right in favour..Category: Fiscal/Taxation Law | Date: | Hits: 204
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......he determination of this appeal is dependent on the resolution of two issues of a twined nature, both couched upon the moot question of jurisdiction of the learned Court below namely, whether, (1) in view of the General Managers exclusive power to appoint arbitrator, the Court can act as an alter-eg..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ce of the republic. 21. In the case of Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf reported 16 BDL 127 it was argued that the Judges of the Supreme Court are in the service of Republic and in view of Article 118(3)(a) of the Constitution Justice Abdur Rouf having held the office of Chief Ele..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......rned Advocate further submitted that the High Court Division further failed to notice that the finding of the trial Court had prejudged the suit which is tantamount to the disposal of the suit and in view of such findings the High Court Division affirming the order of the trial Court has committed f..Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......e) Rules, 1998 have been framed as per provision of Section 41 of the Forest Act, 1927 as amended with lawful authority and the said Rules are not ultra vires to Article 40 of the Constitution. In view of the above, the submissions of the learned Advocate for the petitioner deserve no considerati..Category: Others | Date: | Hits: 127
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......it was made long after the award was made on 15-10-1996. He submitted that the court fell in error in condoning the delay under Article 181 of the Limitation Act as said Article was not applicable in view of Article 178 providing for a period of limitation in making such application. 6. Secondly,..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......lying on the enquiry reports, the Court could not keep itself satisfied just looking on the face of the termination letter and thus to give legitimacy to such order and must see whether such order in view of the pleadings of the respective party was just, fair and reasonable in the context. 37. ..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ...... statute and subject to provisions contained in section 7 no order, judgment and decree of Artha Rin Adalat could be challenged before any court or authority. Learned Joint District Judge adopted the view that cardinally the decree of Artha Rin Adalat had been challenged in the suit. 4. Feeling a..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......he respondents being suspected accused under the International War Crimes Tribunal, they ought to have sought for permission from the Tribunal and that the writ petition itself is not maintainable in view of the Article 47 (1) (3) of the Constitution. 5. The High Court Division is of the view tha..Category: Criminal Law | Date: | Hits: 95
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