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SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....ermination was not a termination simpliciter as it sought to victimise him for his active role as the General Secretary of the Union and also for altercation with one Soleman Alam, an active member of the swimming pool committee but from the impugned letter it is apparent that it does not ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......rocured. Had it examined the arbitration agreement and the relevant law as mentioned above it would have definitely found the award a nullity. 30. Scope of section 17 was first considered by the Pakistan Supreme Court in M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......lf of the plaintiff as his licensee on condition that he would vacate the premises when demanded by the plaintiff. The plaintiff thereafter permanently left India and came to live in the then East Pakistan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the dispute......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
....d apparent chance of suffering loss and injury, governing the matter of ‑ranting temporary injunction in a pending suit, that the suit has been filed making allegations against the Chairman and the member nominated by the defendant No. 1 of the Arbitral Tribunal and, as such, in the backgroun......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....introduction of a 'notional' date of joining given to those respondents in order to make them senior inconsistent with the seniority rules 3(e) giving retrospective effect to rule 3(g). It is to be remembered that there were previously two notifications, one dated 1‑8‑1988 giving the notional se......ion of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Mazdar Hossain ......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
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ution. ………………..(9 & 10) Cases Referred to- Md. Amir Khan vs. Controller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trust vs. Province of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. L...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....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. ......346; Dhaka Leather Complex Vs. Sikder Construction Ltd. and another, 12 BLT 17; MOL Enterprise Inc Vs. Bangladesh, 4 BLC 407; Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 45 DLR 89; Province of East Pakistan Vs. Messrs Architect Engineering Co., 20 DLR (AD) 469; Puri Construction Pvt. Ltd. Vs. Unio......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
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....o Member Secretary of the Governing Body of the said college while the petitioner No. 2 is a teacher of the college and in his capacity as a representative of the teachers of the college is also a member of the Governing Body of the College. Challenging the order contained in memo No. Shi Ma/Sha......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....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. ......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. ......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
....ration Sramik-o-Karmachari League (Registration No.683) registered with the Registrar of Trade Unions, Chittagong, under the provisions of the Industrial Relations Ordinance. The respondent No.2 is a member of the said Registered Trade Union and he being a worker filed IRO Case No.20 of 2002 in the ......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....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. ...... partition of India in this Sub‑continent by the sovereign states now in existence. In India they repealed and replaced the 1913 Act by Act of 1956. In Bangladesh it is the Company Act, 1994 and in Pakistan also it is the Company Ordinance, 1994 but in none of these enactments the expression '......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
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....of Abdul Majid, father of respondent No. 1 and said Abdul Majid possessed and controlled the above properties as absolute owner and inducted tenants in a portion of the building; Abdul Majid and some members of his family being killed during the war of liberation respondent No. 1 inherited the above......he ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holdi......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
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....orrectness. Before relying upon a dying declaration court should insist and, also, be satisfied that the declarant was in a conscious and fit state of mind to make the statement. It is, also, to be remembered that dying declaration itself can be treated as a substantive piece of evidence and if foun......tness must have some direct interest in having the accused somehow or the other convicted for some animus or for some other reason. "Interestedness" has been defined by the Supreme Court of Pakistan in the case of Nazir and others Vs. State PLD 1962 SC 269=14 DLR (SC) 159 in the terms that......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......ry wall and other constructions were made at a huge cost with the fund provided by the government and the then government and non‑government organisations and the then governor of the then East Pakistan opened the same ceremonially. After liberation of country the then Member of Parliament Mr.......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....g that he had no complicity with the alleged theft of medicine from the store and that he was innocent. The explanation submitted by the respondent No.2 was found not satisfactory and a three-member Committee was constituted for holding an enquiry into the charges brought against respondent......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....d persons were falsely implicated. He also stated that Parul Akther told him that Foran raped her while she was coming back home. This witness also said that Parul told about the occurrence to Bacchu member and Noor Islam. 5. PW 2 is Mahiuddin. He heard about the occurrence and he is a ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......t no cause of action to lay suit, c. Suit is barred by limitation. d. Suit property originally belonged to Golam Hossain Rezwani and others and Golam Hossain Rezwani and others left former East Pakistan during Liberation War of Bangladesh of the year 1971 and their whereabouts were not known a......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994. 2. The case of the petitioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The petitioner used to pass different t......titioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The petitioner used to pass different type sof bills of the Army personnel. One Harun-or-Rashid, ex‑Army man, filed a criminal case in the Cantonment PS on ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
.... may find that he has been completely divested of his property on the ground that he ceased to occupy in person the said property during his temporary absence from the place although the entire members of his family had been residing at the said house all the time. It can never be the legisl......it‑petitioner‑respondents filed the writ petition stating, inter alia, that Dr. Mahmood Hasan, former Vice‑Chancellor of Dhaka University and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
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