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Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......tract Nos.4, 5 and 6 arising between one party and another, whether any such party resides or carries on business personally or by agent or otherwise in Bangladesh or not, and whether such party is a member of the Association or not." 41. The claim on market difference could only be raised......uncil 75; Banarasi Das Vs. Cane Commissioner, AIR 1963 SC 1417; Rajuk Vs. MN Alam and Associates, FA No.282 of 2003; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, 1992 SCMR 65; Union of India Vs. Manager, Jain and Associate, 3 SCC 277. Lawyers Involved: TH Khan with...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ফাঃ প্রশাঃ/তদন্ত-২০(৬)৩৪৯/২০০২/২১১ dated 24‑7‑2003 issued by the respondent No.4 (Annexure-R) compulsorily retiring the petitioner from the post of Director, Islamic Foundation Bangladesh. Divisional Office, Khulna, should not be declared t......ts that although regulation 43(3) of the Regulations provided for formation of an enquiry committee with the officials of the Foundation but, in this case Enquiry Committee was composed of one of the members of the Board of Governors of the Islamic Foundation which is the appellate authority, that t......nbsp; ......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....le in Writ Petition No.3386 of 2000. 3. That the case of the petitioner is that he was initially appointed as an Electrician under the second party. He was, thereafter, promoted to the post of Electrical Supervisor. He had a good service career. He was elected Assistant General Secre......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 ......f the benefits available under section 19 of the said Act. Cases Referred to- EPIDC vs Md Sirajul Huq 22 DLR (SC) 284; Khulna Newsprint Mills Ltd Vs Khulna Newsprint Employees Union 25 DLR (SC) 85 and Bangladesh Tea Estate Ltd vs. Bangladesh Tea Estate, Staff Association 28 ......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
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
.... father in Saudi Arabia. But mother of the plaintiffs did not, supply the telephone number. As a result on 22‑12-1992 appellant sent a letter to the father of the plaintiffs in Saudi Arabia by post with acknowledgment due. Before institution of the suit on 23‑6‑1993 plaintiff No.1 along w......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......cil) 53; Musa Ali Vs. Nur Ahmed and others, 44 DLR (AD) 154; Kumar Basanta Roy and others Vs. Secretary of State for India in Council and others, 44 Indian Appeals 104; (Pannamma Velly Vs. Achu Thana Union, ILR 1966, 1 Kerala 689); Basanta Kumar Roy Vs. Secretary of State, LR 44 IA 104; Play Fair Vs......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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. ......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. ......d, 46 DLR (AD) 97; Associated Engineering Company Vs. Government of Andhra Pradesh and another, AIR 1992 (SC) 232; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR 65; Union of India Vs. Manager, W/s Joy and Associates, (2001) 3 SCC 277 = AIR 2001 (SC) 809. Lawye......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
....rsement "refer to drawer" Exhibits 3 & 4 is not denied. Even the agreement Exhibit 1, though not required for the purpose of proof of the charge is also admitted. Thereafter, receipt of postal registration of notice with A/D, required under clause (b) of section 138(1) of the Act Exhib...... it can be easily presumed that legislature contemplated various other reasons where the cheque is dishonoured preventing the payee from encashing the face value of the cheque.
23. It is to be remembered that legislature has also installed a safety-valve by incorporating the c...... with. Neither the present petitioners nor convicted accused Khalilur Rahman (now dead) during, the course of trial has denied it in any way. ………(31)
Cases Referred to-
Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 ......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Mukul Vs. State, 2004, 33 CLC (AD)
....registered. The police personnel of Narail Police Station went to the house of the condemned prisoner and after holding inquest sent the dead body to the morgue. 7. After receiving the post mortem report by the police, the informant lodged the FIR on April 24, 1999 and thereupon Nara......apna Begum was given in marriage to condemned prisoner, that the condemned prisoner made demand of dowry of Tk. 50,000, that 3 months preceding the date of occurrence the condemned prisoner and the members of his family tortured Swapna Begum for non‑payment of the amount demanded as dowry a...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
....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.
......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......SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1362 (Union of India vs Kishorilal Gupta and Brothers) Shahidul Islam (Md) and another vs Md Sayedur Rahma......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
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....supplementary affidavit-in-opposition it has been stated that before publication of the summons under section 5(Ka) of the Ain the summons was issued on 12‑6‑01 by usual process and by registered post with AD which is evident from the order-sheet. 4. Mr. Azmalul Hossain, the learned Counsel a......s been placed in the case of Regina Vs. County of London Quarter Sessions Appeals Committee, reported in The Law Reports (1956), Queens Bench Division, 682 where it has been stated that it is to be remembered that it is a fundamental principle of our law that no one is to be found guilty or made lia...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
.... October to December 1983. In the meantime the Public Service Commission issued another Advertisement No. JE‑23/82/239 dated 22‑12‑82 (Annexure‑B) inviting applications for recruitment to 650 posts of Magistrate in BCS (Administrative: Administrative) Cadre. In this Advertisement it was stip......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......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: ......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
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. ......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. ......nc 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. Union of India, AIR 1989 SC 777; Food Corporation of Inada Vs. Joginderpal Mohinderpal and another, ......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
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......tice in Bangladesh. …………………………(13) Cases Referred to- Sonali Bank vs Ruhul Amin Khan 46 DLR (AD) 85: Union of India and another vs G Ganayutham AIR 1997 (SC) 3387. Lawyers Involved: Mahm...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....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. ......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
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......on against the petitioner and others alleging that while' he was on duty the accused person and his accomplices suddenly entered into his office and asked him to resume construction of the Amtoli Union Parishad Complex Building and on his refusal to do so the accused person assaulted him; that w......inst the petitioner and others alleging that while' he was on duty the accused person and his accomplices suddenly entered into his office and asked him to resume construction of the Amtoli Union Parishad Complex Building and on his refusal to do so the accused person assaulted him; that while t..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....;Pairan", Trover." and other deadly weapons and the petitioner stood up and danced on the chest of victim Khaled, for which victim's rib cages were broken, but PW 21, the doctor who held postmortem examination on the dead body of deceased Khaled did not find any injuries on his ch......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
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requirement of law by interpreting the same detrim......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ...... that he joined as bus conductor in Bangladesh Road Transport Corporation (BRTC) on 19‑5‑1985 and was promoted to Grade‑C from Grade‑D on 5‑2-1991 and was a Trade Unionist and in course of his dialogue with the officials of the appellant BRTC the incurred their......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....the meeting has been attended by at least 11 (eleven) commissioners Out of 12 commissioners and 11 Commissioners voted for the motion of' no confidence for removal of the Chairman from the post. In this view of the matter the special meeting had the requisite number of attendance of abo......ava prelude to the taking, of or passing of the motion of no confidence send to the Chairman/Commissioner to give his version of or reply to the allegation or accusation and on receipt thereof the members making the requisition of special meeting for taking the resolution of no confidence agains......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....rovisions of the Ordinance itself.
34. On perusal of the Ordinance it appears that the employees of the Corporation are employed under section 47 of the Ordinance as mentioned in the Schedule of posts either by the Corporation or by the Chief Executive Officer as envisaged under section 49 of t......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 ......ng lifting of the order of suspension and full pay and allowance from the second party Corporation……(42)
Cases Referred to-
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union and others, 43 DLR 655; Chairman, DIT Vs. Chairman, Second Labour Court, 34 DLR (AD) 37; State......
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
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