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M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......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..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)
....er Article 102(1) is not frittered away or misused as a substitute for more appropriate remedy available for an unlawful action involving no infringement of any fundamental right." 10. The undisputed position is that the Respondent Nos. 1-11 along with others filed Administrative Tribunal C......nt on November 24, 1998 discharged the Rule in writ petition No. 647 of 1998 on the very question of determination 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..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......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..Category: Civil Law | Date: | Hits: 128
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....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. ......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..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......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..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....;missed the suit. 5. We have heard Mr. Md. Nawab Ali, learned Advocate-on-record and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that Abdur Rahim and Nur Ali jointly took pattan of 1 kani of land from CS recorded tenant ......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..Category: Property Law | Date: | Hits: 66
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......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..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......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..Category: Criminal Law | Date: | Hits: 103
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....ter and servant and an unwilling master cannot be thrust upon with a servant by way of reinstatement through decree in the suit. 11. Mr. T. H. Khan, the learned Counsel has not disputed the proposition that the Court could reject a plaint considering the averments in the plain......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..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......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..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....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. ......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..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... 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..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....ed to get an order of release. 9. The admitted position is that the property in suit has been acquired by the Government and to that effect gazette notification has been made. These facts are not disputed by the Respondent Nos. 1-19 (the Respondents). It is the contention of the Respondents tha......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)
.....2001 passed by the High Court Division in Writ Petition No. 940 of 1995 discharging the Rule. 2. The facts leading to the this petition, in brief, are that one Dr. Abdul Khayrat got lease of the disputed property from the Government on 02.12.1963 who sold the same in favour of his wife Asdeka K......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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