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Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....e order. Leave was granted in the appeal to consider that; "Mr. Abdul Momen Chowdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evi......shy;tion to other benefit to which he is entitled under the Act or any other law for the time being in force. The respondent has by appending schedule-B claimed an amount of Tk. 68,190/-0n account of overtime, bonus etc. and schedule-C for an amount of Tk. 1,97,000/- together with Tiffin allowance w..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and othÂers Vs. Shwkat Ali and othÂers, 2006, 35 CLC (AD)
....Jhenidah dismissed Title Suit No. 175 of 1985 on 27.03.1991. On appeal, the learned District Judge, Jhenidah affirmed the judgment of the trial court in Title Appeal No. 55 of 1991 on 14.03.1992 holding that the plaintiffs failed to prove their possession within 12 years preceding the instituti......claration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to their..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....S. Khatian No. 208 of Mouza Jinnahgar measuring 7.39 acres originally belonged to Jalal Ahmed Chowdhury, Chand Mia, Hazi Abdur Rahman and others. A dispute having arisen as to their right in the holding all the said owners made a reference to the arbitrators for effecting partition of the ejmal......ned Counsel has submitting that the Courts below has erred in law in disturbing the concurrent finding of fact arrived at by the Courts below holding that the claim of title on the basis of the award over the suit land have no legal value creating any title and interest over the suit land and t..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....e Arbitration Act. The learned Subordinate Judge after hearing both the parties and perusing the relevant documents and the award made the award a rule of the Court vide his judgment dated 30.11.1992 holding that the objection filed by the respondent under section 16 and 31 of the said Act was absol......ammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent&nbs..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....nt on November 24, 1998 discharged the Rule in writ petition No. 647 of 1998 on the very question of determinaÂtion of seniority of ASPs in the background of the decision reported in 16 BLD (AD) 147 holding that the writ petition was not maintainable, the High Court Division acted without jurisdict......S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB C..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....d to manage and supervise the property in any manner the property vested in the Government as an abandoned property. Therefore, the learned Judges of the High Court Division were correct in holding that the suit as filed for declaration of title and recovery of khas possession is not maint......dgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having..Category: Civil Law | Date: | Hits: 128
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....t Division under Section 561A of the Code of Criminal Procedure for quashing the proceeding. The learned Judges of the High Court Division rejected the application under Section 561A of the Code holding that the complaint petition disclosed the offence of the proceeding. 4. Mr. Sha......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....ed the submissions made by him at the time of hearing of the leave petition upon which leave was granted accordingly. 8. He further submits that the High Court Division committed error in holding that no contract was formed between the parties inasmuch as there was clear offer and accept...... time for performance the plaintiff kept the contract alive and allowed the defendant to rightly forfeit the earnest money and the money subsequently deposited which the 'plaintiff cannot recover. The defendant however could not prove its counter-claim, the trial court dismissed the suit. A..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....ght, title and possession in the land of plot No.408. The plaintiff Nos. 1 and 2 purchased 1 ganda of land from Iman Ali by a deed of sale dated 13.2.1975 out of said Plot No.408. Municipal holding was created in the name of Iman Ali. On the death of Iman Ali defendants have been in posses......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....we find that this application of the Respondent No.2 is not bonafide and has no merit". 9. Leave was granted to consider the contentions that the High Court Division was in error in holding that the application for vacating the interim order passed in the writ petition was not bona......nt on October 7, 1996, that disciplinary proceeding was started against him for the disposal of unserviceable machineries and the parts incidental by auction in the light of the decision of the Government and in due course he showed cause denying allegations of financial loss to the Govern..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....ted further investigation and the further investigation has been conducted by the superior officer of the rank of an Assistant Superintendent of Police and the said Assistant Superintendent of Police holding further investigation submitted supplementary charge sheet under Sections 302/114......two accused while final report was submitted against the rest including the petitioner and that the informant filed naraji petition against the said final report and also filed an application to the Government for further investigation of the case and the learned Magistrate directed- for furthe..Category: Criminal Law | Date: | Hits: 103
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....defendant's lawyer, the trial Court opined that the suit is not barred by section 42 of the Specific Relief Act but the learned Single Judge of the High Court Division made the rule absolute in part, holding, inter alia, that the trial Court committed error of law by holding that the suit is n......med the termination as made without complying with the due process of law and in violation of the Bank's applicable rules and procedure and in utter disregard and disrespect of the rules governing the staffs embodied in the Staff Manual embodying the terms and conditions of t..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....ed to Amritalal Shah Banik or to the joint family having already been determined by the judgment and order passed on 18-5-1986 by the District Judge, Chittagong in Miscellaneous Appeal No. 86 of 1985 holding that the said premises is a purchased property by Amritalal Shah Banik in his individua......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....was pleased to allow the application of the respondent after invoking its jurisdiction under section 85(3) of the Act in view of the facts and circumstances of the case and condoned the delay in holding the AGM for the aforesaid years and enlarged the time for holding the same under the Chairma......r of this Court and on receipt of the letter dated 17.7.2003 from the contemner-appellant No.2 Mr. K.Z. Alam referred to his earlier letter dated 19.7.2003 and talked to the contemner-appellant No. 1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the co..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....ated 24.6.1996 and 20.12.1998 of the Administrative Appellate Tribunal, Bangladesh Dhaka for giving full relief but the Member of the Administrative Tribunal did not entertain the said Execution Case holding that the same to be not maintainable by his judgment and order dated 7.12.2000. 9. Bein......ppellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others………â..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
.... a new and contradictory case one after another had no specific case against the appellant and as such the impugned judgments are not maintainable; that High Court Division committed illegality in holding that the point of discord between the parties is whether unregistered deed of sale dated 14......ntrol of the shop No. 235 (kha). He, in the month of January and February, 1985 paid back Tk. 36,000/- and thereupon the appellant returned the original copy of the mortgage deed, but did not make over possession of the shop. The appellant asked him to wait till disposal of the merchandise in th..Category: Procedural Law | Date: | Hits: 111
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