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Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ......of the Employment of Labour (Standing Orders) Act, 1965 writ petition challenging such decision was not maintainable being misconceived. He lastly submits that the High Court Division erred in holding that an enquiry by the petitioner into the grievance by affording a personal hearing t..Category: Employment/Service Law | Date: | Hits: 81
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The High Court Division after hearing the parties discharged the Rule holding that recounting of ballot papers is permissible in law and in so holding the High Court Div..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......of 1982 reversed the judgment and decree of the trial Court on the finding that the plaintiffs would not entitled to the benefits under the said provision and that trial Court was quite correct in holding that plaintiffs would be entitled to the benefits of benevolent fund and group insura..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......perused the judgment and order of the High Court Division and the evidence and other materials on record. 4. As it appears the High Court Division dismissed the Jail appeal of the petitioner holding that there is no blemish or falsehood in the testimony of RWs. 1, 2, 3, 4,5, 6, 7 and ..Category: Criminal Law | Date: | Hits: 39
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....ppeal No.10 of 2000 affirming those dated 18.11.1999 of the learned Subordinate Judge, 3rd Court, Sylhet in Title Suit No. 195 of 1994. 2. The case of the plaintiff is that the owner of the disputed plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they became the owner of the ...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ..Category: Property Law | Date: | Hits: 29
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
.... appeal is directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mo......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ...... Judge having considered oral evidence of Pw.1 and the plan approved by the Municipality (Exhibit-2), the High Court Division committed an error in reversing the judgment of the learned S.C.C Judge holding that no ground of bonafide requirement was made by the plaintiff. 6. Aynuddin, the l..Category: Property Law | Date: | Hits: 32
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....e Building Finance Corporation and at that time also at the influence of the respondent No.1, and because of bondage of love and affection for the respondent No.1, the appellant purchased the disputed property in Gulshan in benami of his wife, the respondent No.1 by deed of sale dated 16-1-......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ...... of that Managing Committee expired on March 6, 2001. Since the election was not held under the outgoing Managing Committee an Ad-hoc Managing Committee was formed for a period of 90 days for holding election of the Managing Committee of the Samity. The said Ad-hoc committee could not hold ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....entioned the land of patta dated February 18, 1922 was described by boundaries and the explanation as to that was that at the relevant time the land was not divided into plots and this fact is not disputed by the parties to the suit. 25. It was the contention of the learned Advocate-on-Re......th the prayer for partition of the land of 'Ka' schedule. 21. The learned Advocate-on-Record submitted that the High Court Division as well as the Court of appeal below were in error in holding that the defendants were to prove their case of auction purchase of the land of 'Kha' and '..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......rial fact and evidence on record in this regard. 11. Admittedly the plaintiff is a co-sharer in the C schedule land with the defendants. The High Court Division has therefore erred in law in holding that the plaintiff acquired title to the said 'C' schedule land by adverse possession ..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......that the property has been rightly included in the list of abandoned buildings. The Court of Settlement, after hearing, allowed the case excluding the property from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case pro..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......nd sentence accused Md. Sabuj only filed Criminal Appeal No. 491 of 1986. A Division Bench of the High Court Division allowed the appeal and set aside the aforesaid order of conviction and sentence holding that the accused could not be regarded as having absconded, because they were on bail and su..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......ay inspire confidence in the mind of the Court, but in the present case, there is no independent corroboration of evidence and as such the learned Judges of the High Court Division erred in law in holding that the accused-petitioners guilty for the offence charged and thereby came to an erroneou..Category: Criminal Law | Date: | Hits: 22
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......te of issuing of the said release letter and also stopped paying wages to the respondent No. 2 till 11-05-1988. The respondent No.1 further stated that the petitioner appointed an inquiry officer for holding inquiry against him and on the basis of said inquiry report, the petitioner imposed punishme..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......te business, could purchase the suit land and observed that the plaintiff failed to prove his business from which he obtained money to purchase the suit land and accordingly dismissed the suit holding that the fact of previous separation of the brothers prior to purchase of the suit la..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......nt amendment only some incidental and consequential matters can be regulated and a substantive right can not be taken away. 6. As it appears the High Court Division discharged the Rules holding that clause 5 of the Notification dated 26.06.04 clearly provided that on the expiry of the..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....eld that the Government has ample power to transfer the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being the disputed question of facts cannot be decided in writ jurisdiction and that in the case of Faizuddin......, as amended by Ordinance 53 of 1985, and also the provisions of sub-sections (f) and (k) of section 8 sub-section (a) and (c) and (d) of sec-tion-9 of Ordinance 1977 discharged the Rule holding that neither the transfer of the line from P.D.B to the Board can be challenged on the grou..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....o. 4) and they amicable made partition among them. Defendant Nos.1-3 got half of the land from C.S. plot No. 1609. Asimuddin and defendant No.3 sold out 0.06 acre and 0.00 acre from plot Nb.1609 of disputed jote to the defendant Nos.16-18 on 10.12.1983 and 22.06.1982 by registered sale deed and ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ..Category: Property Law | Date: | Hits: 28