Search Options
Judgment Advanced Search
Displaying 2441-2460 of 3272 results.
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......alli Daridra Bimochan Foundation shortly PDBF was established and the employees of BRDB became employees of PDBF and under Section 29 of the said Act certain Regulations were framed exercising the power under Section 29 thereof for regulating the services of the employees of PDBF which came into......Abdul Matin J Mir Sattaruddin, Md. Johirul Alam, Md. Jamal Uddin and Md. Amir Hossain........Petitioners Vs. Palli Daridra Bimochon Foundation, represented by the Managing Director and another.............Respondents (In all the cases). Judgment December 4, 2008...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..Category: Employment/Service Law | Date: | Hits: 68
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....the case as well as the law relevant on the question involving the case held: “Respondent Nos. 1 and 2 had not acted reasonably in terminating the service of the petitioners ignoring thereby financial, production and employment consideration as militate against such termination." It h......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ioner. A.K. Tanjibul Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent No.1. Not represented- For Respondent No. 2. Civil Petition for leave to Appeal No. 604 of 2004. (From the Judgment dated August 26, 2003 passed by the High Court D......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 61
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
.... Instrument Act now pending in the Court of Metropolitan Magistrate, Dhaka. 2. The respondent No.2 as complainant filed the aforesaid C.R. Case alleging that the accused-petitioner for some financial difficulties took Tk.3,50,000/- (Three lac fifty thousand) from the complainant-responden......that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ...... Judgment September 27, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 443 of 2007. &......that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ..Category: Criminal Law | Date: | Hits: 40
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......ing condonation of delay is totally unsatisfactory. A judgment pronounced by this court is normally final and should not be readily disturbed or interfered with by resorting to the exercise of the power of review except in the manner provided by law. A party is not entitled to seek a review of a...... Judgment March 17, 2009. Case Referred To- Mahbubur Rahman Sikder Vs. Mojibur Rahman Sikder, 37 DLR (AD) 145. Lawyers Involved: Enayatur Rahim, Additional Attorney General, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Appellants. &nbs......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......hstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under article 102 itself the High Court Division is yet entitled to exercise its power of judicial review under article 102 if the action complained of before the High Court D...... Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred to: Mujibur Rahman Vs Bangladesh 44 DLR (AD) 111; Taleb Vs. Bangladesh 45 DLR(AD) 45; Ehtes......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......he submissions made on behalf of the appellant assailing the Rules to be ultra vires of the Constitution held that the said Rules was not inconsistent with Article 27 nor was made in excess of the power conferred upon the President under Article 133 of the Constitution. The Rules was found to be......ppeal No. 14 of 1992) Secretary, Ministry of Establishment Division and ors.......Respondents. (In Civil Appeal No. 65 of 1992) Judgment February 8, 1994. Cases Referred to- Zainal Abedin Vs. Bangladesh 34 DLR (HCD) 77; B.S. Yadav Vs. State of Haryana AIR 1981 ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....g any payment within a specified time, moreso, the petitioners did not refuse to pay the money in favour of complainant which the complainant has invested the amount by some installments as a financial partner for business purpose and the petitioners have paid TK.90,000.00 in cash and TK.80......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......hman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 passed by ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..Category: Criminal Law | Date: | Hits: 41
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ...... Not represented-the Respondents. Criminal Review Petition No. 5 of 2009. (From the judgment and order dated 03.03.2009 passed by this Division in Criminal Petition for Leave to Appeal No.72 of 2009.) Order ......was subsequently set aside on appeal. So, the complainant started two parallel proceedings before two forums. This was not disclosed by him before the Court. 9. Against the order of the Panel Judge, DSE the petitioner filed DSE Appeal No.1 of 1999 who by judgment and order dated 11.03..Category: Criminal Law | Date: | Hits: 50
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......ment of rent to the Government and enjoying the usufructs and have thereby acquired a better title by adverse possession. But the defendant Nos.1 and 2 created a fraudulent and collusive power of attorney in their favour allegedly executed by Sudhir Kumar Roy in India 1965 and on the b...... Involved: Abdus Salam Mondal, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Cou......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ..Category: Property Law | Date: | Hits: 23
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......5 granted lease in favour of the respondent No.3 petitioner and hence the writ petition. 3. The rule was contested by the respondent No.3- petitioner and respondent No.2 by filling power. Thereafter the present petitioner and respondent and respondent No.2 jointly filed applicati...... Joynul Abedin J Md. Hassan Ameen J Md. Matiur Rahman............Respondent No. 3- Petitioner Vs. Md. Shah Alam and others........Respondents Judgment October 4, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Peti......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ..Category: Property Law | Date: | Hits: 25
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......g the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not arbitrarily. We therefore, bold that the respondent No. 1 has exercised ...... The Appeal is allowed. Lawyers Involved: Mainul Hossain, Senior, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Abdur Razaque Khan, Additional Attorney General instructed by Ahsanullah Patuary, Advocate-on-Record - For Respondent No. 1. Amir......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......n not be prevented from enjoying the benefit of the decree which was obtained as for back as in the year 1986. 5. In elaborating this above point, Mr. T. H. Khan argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretio......p; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order date......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......y ex. p. Brand ((1991) 1 A.C. 696) while recognizing that the Courts could have recourse to the Convention when faced with an ambiguous statute refused to go a step further and hold that where wide powers of decision making were given to a minister by an unambiguous statutory provision, the minist......Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR ......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......he typographical error but the Administrative Appellate Tribunal did not at all consider this aspect of the case, The learned Deputy Attorney General submits that there was no lack of authority and power on the part of the Government to take action against the respondent and hence wrong quoting of......sh Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants Md. Aft...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......lness and the relationship of the illness with the nature of job performed by him and has rightly come to a conclusion as to his further usefulness in service bona fide on records. The use of power by the employer cannot be hedged with interpretative conditions which make the exercise ......M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur R......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ....... 2. The short fact leading to these petitions is that Ibrahim Shah Waqf Estate was earlier enrolled under E.G. NO. 3543 by an order dated 7.7.1981, Administrator of Waqf in exercise of power under section 51 of the Waqf Ordinance appointed appellant and three others namely, Abdul Wah......eal No. 80 of 1998) Vs. Abdul Sattar Shah Chowdhury and others.............Respondents (In Civil Appeal No. 80 of 1998) Judgment July 21, 1999. Case Referred to- 43 DLR (AD) 128. Lawyers Involved: M. A. Wahhab Miah, Senior Advocate, ins......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....on 13-05-2002 for implementation of development project namely construction of 'vegetable shed' at Mandabagh bazar within Kaimpur Union Parishad and it was required to complete the work within the financial year, 2000-2002, that is on 30-06-2002 but the appellant did not do any construction work......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......t (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitioner) filed the above writ-petition, stating to the effect that as a voter in Ward No. 9 of No. 9 Kaimpur Union Parishad he filed nomination pap......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......f which have been annexed with the application made therefore for marking as exhibits in support of his contentions in order to do complete justice. It has been submitted that this Court has ample power to accept the documents mentioned above and to send the case back for fresh trial on remand f......Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the petitioner herein. The defendant No.1 purchased the suit land by registe...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......ion from payment of the requisite tax under section 158(2)(a) of the Ordinance. The NBR thereupon by its order dated 30.9.2001 rejected the said application on the ground that the NBR had no more the power to exempt the writ petitioner from paying any tax after the amendment of sub-section (2) of se...... The petition is dismissed. The right of appeal is not a matter of procedure but a matter of substantive right. The provision of sub-section (2) of section 158 of the Income Tax Ordinance relating to modifying or waiving the requirement to pay certain percentum of tax as a condition precedent to ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....he is physically incapable of serving the employer or suffers from continued ill health or for such other reason not amounting to misconduct. In such cases the employee shall be entitled to certain financial benefits. 12. In the instant case the appellant on 20.8.89 gave notice to responde......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......y a Division Bench of the High Court Division in Writ Petition No. 3684 of 1992 discharging the Rule. 2. Respondent No. 2 was a permanent senior clerk of the appellant's mill. Due to his physical incapacity the mill authority on 27.12.89 discharged him from service under Sectio......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
33653359335333473330331933103308330432983286328532703263326132573255325032473242