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Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....isconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendant in the suit for adjudication of the real dispute and that without considering the scope of Rule 10(2) of Order I of the Code of Civil Procedure passed the order sought to be appealed......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....erials on record the petitioner can neither claim to be senior to the respondent No.5 nor can claim for promotion to the post of Chief Engineer on the ground of seniority, that there is hardly any scope for deciding the question whether the qualifications/degrees as the writ-petitioner and the r......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....clause as such. But paragraph I of the contract reads as hereunder, "…………and it is hereby agreed as follows: to execute, contract, complete and maintain the scope of work as per Power Grid Company of Bangladesh (PGCB) tender documents Package Ref: TURN...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....ation with one Soleman Alam, an active member of the swimming pool committee but from the impugned letter it is apparent that it does not contain any charge or stigma and there is hardly any scope to go behind the letter of termination to characterise the same to be dismissal under the gar......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
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. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......ns 11 (kha)/30 of the Ain against the accused persons and registered the case as Nari-o‑Shishu Nirjatan Case No. 750 of 2003, The accused persons appeared before the Tribunal and were released on bail. Thereafter accused No. 1 MM Ishak (accused husband) and accused No. 6 Md Abu Raihan moved this..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....orum as it requires adjudication of factual aspect by evidence", erred in giving direction upon the petitioners to furnish fresh bank guarantee, such direction being contradictory and beyond the scope of the rule nisi issued in the Writ Petition No. 5806 of 1997. 7. The High Court Divisi......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f law. 38. In Mohammad Abdul Nasir and others Vs. People's Republic of Bangladesh and another 28 DLR 392, a Division Bench of this Division in similar situation took the view: "The scope of the suit is to be determined with respect to the allegations in the plaint and not with ref......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
....of the record and if such error or errors is/are allowed to continue injustice would be perpetuated. 14. In the case of Zulfikar Ali Bhutto vs. State reported in PLD 1979 SC 741 as to scope of review and what is error apparent, it has been observed "that in order that an error ...... 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
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....ng costs for service of notice upon respondent, an application may be made under rule 19 for readmission of the appeal for hearing. 16. But when the appeal was not yet admitted there was no scope for re‑admission of the appeal for hearing. Against an order rejecting a memorandum of appea......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....reported in 42 DLR (AD) 91. 5. Mr. Md. Ozair Farooq has, however, submitted that the land having been acquired properly under the Emergency Requisition of Property Act, 1948, there is no scope whatsoever to apply of the provision of Acquisition and Requisition of Immovable Ordinance, 19......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....of unmovable properties acquired by the Government. The object of the legislature is to give some benefit to the persons who have lost their lands by acquisition. Therefore, we must not narrow the scope of this benefit, but extend the benefit to the owners of the acquired properties, as it will ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....rcised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controlle......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
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....1‑1997 informed the respondent that the proprietorship of the said trade mark having been transferred in the name of the present appellant by virtue of an agreement dated 4‑3‑1996, there was no scope of considering the application filed under TM-12. On such disclosure of fact from the Registra...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....ing interim relief as the only and final relief on the application. The directions had been given here only to circumvent the provisions of section 80 Civil Procedure Code and that was not within the scope of Article 226. An interim relief can be granted only in aid of and as ancillary to the main r...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... no appeal mould lie against such decree except on the ground that it was in access of or not otherwise in accordance with, the award and the appellant failed to make out any case within such limited scope. 21. In support he cited Abdus Salam and other Vs. Osman Gani and another 1984 BCR (AD) 3......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
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....at the contract not having provided for price adjustment and the respondents having no other legal obligation arising out of any commercial contract other than the contractual obligation, there is no scope for price adjustment to be made in favour of the appellant, more so these matters arose out of...... Court Division do not call for any 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) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.2633 of 2004. Judgment Khademul Islam Chowdhury J.-This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. Perused the application and heard ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1