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Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....cate for the respondent however submits that at the time of the passing of the judgment by the labour Court, the new act i.e. the Bangladesh Labour Act, 2006 had already come into force and under its provisions judgment of the labour Court was appealable to the Labour Appellate Tribunal and, as such......ndent No.1) in Appeal Case No.74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the Con..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....was and Ms. Purabi Shaha, AAGs—For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any a...... Act, 1973 by insertion of the expression "any individual or group of individuals" shall not be declared to be ultra vires to the Constitution and also declared to have been enacted without lawful authority and is of no legal effect and why section 19 of the Constitution (Fifteenth) Amendm..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....petitioner as well as the learned Assistant Attorney General appearing for the state opposite party. 15. The very submission of the learned Assistant Attorney General as regards exhausting the provisions of section 265C and section 241A the very application filed under section 561A would be ......র ৩০,০০০/- টাকা পরিশোধের জন্য”. Subsequently the learned Magistrate passed order on giving condition to pay money which is not permitted in the eye of law and while on 08.01.2011 the petitioner is in jail custody then on giving put up before the lea..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... Plant was not fit to serve the purpose of BSMMU for 2000 bed facilities and maintain its International Standard. So, the purchaser is legally entitled to terminate the contract for default under the provision of General Conditions of Contract. It is submitted further that the learned Additional Dis......te of BSMMU. But unfortunately it was violated by the Central Purchase Committee of BSMMU vide a letter dated 14-8-2008. The learned Advocate further submits that it is not a proper interpretation of law that the Arbitral Tribunal had no jurisdiction to take up such a settlement decision of the high..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....;able in law inasmuch as the deed was presented for registration on 27.06.2002 and during the pendency of the pre-emption case the registration was completed on 26.05.2003 in accordance with the provision of section 60 of Registration Act and thus the impugned judgment suffers from patent ...... the case land, seller respondent No.3 offered the case land to the pre-emptor on whose refusal, a bainapatra was executed and thereafter, pre-emptee No.1 published a legal notice through his learned lawyer in the local newspaper. As per said legal notice neither the pre-emptor nor any other co-shar..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....lf of respondent No.4, on the other hand, supports the impugned judgment. He further submits that the plaintiffs failed to prove the deeds of sale dated 11-2-1953 and 22-3-1966 in accordance with the provision of the Evidence Act and consequently the plaintiffs failed to prove their title to the sui......rely on the kabalas of Rashid Ali for the purpose of devolution of title to him from Ranjit and his brother on the ground of Rashid Ali's failure to produce rent receipt ignoring the principle of law that non-payment of rent does not affect the title accrued through lawful transfer from the righ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... the trial stage can be seen from paragraph No. 3 of the written statement. iii) the final burden to prove that the appellant has defaulted is on the plaintiffs as he who asserts must prove. The provisional burden lies on the appellant and the appellant has adduced adequate evidence of payment ...... Judgment May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plain..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....s and therefore, for ends of justice the learned counsel may be afforded opportunity to make further submissions. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 does not provide any provision for rehearing of a matter which has been dismissed upon hearing the parties on merit, othe......nce having not conferred any power upon the Bangladesh Bank to dictate or determine the terms and conditions under which the Managing Director would serve Grameen Bank, the impugned orders are unlawful, that the Grameen Bank Service Regulations, 1983 have no manner of application to Prof. Muham..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....t: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act ......ge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....te, appearing on behalf of the leave petitioner, submits that the Administrative Appellate Tribunal erroneously dismissed the Appeal Case No.206 of 2003 on ground of limitation under the amended provision of the second proviso to section 4(2) of the Administrative Tribunal Act, 1980. The i......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ney General has further submitted that allowing 90 (ninety) days time for filing an application for restoration of an administrative tribunal case or appeal, as the case may be, is contrary to the provisions of the Rules, 1982. More so, allowing of a period in the given facts and circumstances o......(a) whether an appeal filed before the Administrative Appellate Tribunal could be dismissed for default for non-filing of paper book, (b) whether any limitation has been prescribed in the relevant laws, namely: the Administrative Tribunal Act, 1980 (the Act, 1980) and the Rules, 1982 for filing ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......h Court did not take into consideration these evidence at all. The learned Additional Attorney General has argued that the High Court Division fell in a serious error in not appreciating the relevant law. Referring to section 9(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and the explanation the..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....oncerned including the President and the Government should respect the law declared by the Supreme Court and the Government functionaries are obliged to act in aid of the Supreme Court in view of the provisions of Article 112 of the constitution…………………..(54) Cases Referred to- ......its eyes from examining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of j..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....w its order dated 17-10-2005 and to allow the application dated 17-10-2005 under Order XXI Rule 100 of the Code of Civil Procedure read with section 57 of the Ain. He further submits that there is no provision in the Ain of 2003 like the Code of Civil Procedure for reconsidering any order passed by ....... The above-mentioned petitions arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common questions of laws and facts. 3. Briefly stated, the facts giving rise to Civil Petition for Leave to Appeal ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ivision fell into an error in holding that the writ petitioner purchased 42 pieces of gold bars from Singapore within the permissible limit. In the absence of declaration at the Airport as per provisions of Baggage Rules, 2000 that the writ petitioners did not carry more than 42 pieces of go......e party which initiated the case fail to prove the case, then the aggrieved person shall have the liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instances, the High Court Division should not entertain the writ petitions and if any ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......t receipts-the exhibit-1 series in favour of them, but the trial court and the High Court Division most illegally held that these rent receipts-the exhibit-1 series were not proved in accordance with law by examining the person who issued these rent receipts or any other person who witnessed the iss..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
.... all the parties to the suit need be protected. The power to appoint a receiver as conferred by Order 40, rule 1 of the Code of Civil Procedure, therefore, should, therefore, be sparingly used. The provisions for the appointment of a receiver is to be considered as one of the harshest remedies fo......il Petitions for leave to Appeal arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common question of law and fact. 2. The civil petitions for leave to appeal are directed against the judgment and..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......trial court and the lower appellate court that the co-preemptor failed to prove his date of knowledge about the case transfer and in the circumstances the High Court Division committed grave error of law in allowing the pre-emption of part of the land transferred in favour of the co-preemptor. The l..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
.....) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ullah and others, reported in 49 DLR (AD) 288, relevant para 10 and 11. Mr. Bhuiyan, submitted that the trial Court has misunderstood the provision of section 109 of the Transfer of Property Act. He prayed for setting-aside of the finding...... the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding that, the defendant was not a defaulter in paying rent and no attornment was made as required by law and the defendant is entitled to protect her interest under section 18(5) of the Premises Rent C..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....nsibilities independently. It has got financial independence as well. 5. It is provided in section 28(3) that if any provisions of the Criminal Law Amendment Act contravenes any of the provisions of the Ain, the latter shall prevail over the Act. Section 33 empowers the Commission to ......he judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 of 2009 and 1392 of 21008.) Judgment SK Sinha J. - In these petitions similar law points are involved and therefore, they are disposed of by this order. The Durniti Daman Commiss..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
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