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Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
.... on record we are of the view that the High Court Division by the interim order in directing the writ Respondents to give the financial benefits has in fact given substantial part of the reliefs claimed by the writ petitioner. 19. In the light of the discussions made here......rch 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief…………&hellip......ther considerations e.g. if the Rule ultimately is discharged and thereby disentitling the writ petitioner to the service benefits prayed for, then difficulty Would arise in realizing the public money paid as per order of the High Court Division. The Court has no reason to be rigid in vacating ..Category: Employment/Service Law | Date: | Hits: 109
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....ondemned prisoners and absconding convict Kazi Tipu Sultan. During trial charge was framed against accused persons under section 396 of the Penal Code. The accused persons pleaded not guilty and claimed to be tried. The defence plea was that the confessional statement of Mafizuddin was neither ......sp; M. M. Ruhul Amin, J.:- This petition for leave to appeal is directed against the judgment and order dated 15.02.2004 passed by a Division...... as pipegun, kiris, dagger, iron rod etc. entered into Brahmanbaria Head Post Office breaking grill of a window and killing night guard Abdul Mannan and treasurer Abul Kalam Azad and looted away cash money of Tk. 2,64,290/- in total breaking open the iron safes. In the morning the informant and othe..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....it where the relationship between the Bank and the plaintiff employee was found to be that of master and servant and as such the question arose as to whether they are entitled to the relief claimed for. The said decision has held, inter alia, that: "In view of the le......taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice......n the plaintiff received US$ 38,816.75 as compensation etc. on 27.6.2003 from the defendant Administrative Tribunal in Washington thereby rendering the present suit as wastage of public time and money, the plaint ought to have been rejected under Order VII Ru..Category: Employment/Service Law | Date: | Hits: 211
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....on. 6. Mr. Muhammad Nawab All, Advocate-on-Record on behalf of the petitioner submits that the respondent is not entitled to get Tk. 17,11,503.08 as on 31.12.1996 as claimed. The learned Trial Court inspite of the fact that the respondent failed to adduce any e......spondent. Judgment April 27, 2003. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Cou......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....itled to anti-dated seniority in those posts over his juniors; as he is retired so there is no scope to promote him in the Post of Commissioner of Taxes. The Ministry of Establishment agreed with the claim of the appellant but did not execution the orders in accordance with law. The said order of th......ffirming those dated 7.12.2000 of the Administrative Tribunal, Dhaka rejecting the appellant's Execution Case No.3 of 2000. 2. The facts, leading to this appeal, are that the appellant filed the aforesaid Miscellaneous Appeal No.4 of 2000 for declaration that as per judgment dated 24.6.1996 of t......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
.... no. 235(kha). On the said petition Dispute Case No. 65 of 1993 was registered. The Arbitrator and Inspector of the Co-operative Society, Dhaka by the order dated April 12, 1994 dismissed the claim of the Respondent No. 1 for allotment of shop No. 66 in the 1st floor and for return of Tk. 3...... who died later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of money the appellant and his brother would return the shop no. 235 (kha) to him a......d floor of the under construction market of the Society and got possession of the said 2 shops. He let out the shop No. 235 (kha) to one Shah Alam and Respondent No. 1 having felt necessity of cash money mortgaged the shop no. 235(kha) to the appellant and his brother Fazlul Haque, who died late..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....It was contended by the plaintiffs that although Government acquired the land but possession thereof was not taken over by the Government and the plaintiffs are in possession of the land. It was also claimed by the plaintiffs that there is a Mosque and a Madrassa in the land in suit. It is the conte......e judgment and decree dated April 16, 1997 of the 2nd Court of Senior Assistant Judge, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property describ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....n brief, is that the property belonged to Mrs. Jainab Khatun and her whereabouts being unknown at the relevant time the property has been treated as abandoned property and that though the petitioners claimed to have purchased the property but could not produce any original documents nor the admitted......spondents Result: The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-On- Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 591 of 2002. Judgment Amirul Kabir Chowdhury J.- At the instance of ......ourt Division and in the said document it appears that consideration was fixed at Tk. 40,000/- out of which Tk. 35,000/- is said to have been paid at the time of execution of the agreement as earnest money and only Tk. 5,000/- was left to be paid before registration. The learned Advocate-on-Record f..Category: Property Law | Date: | Hits: 74
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