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A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

....second show cause notice was served on 3.11.1993 and the petitioner sub­mitted written explanation and denied the charges leveled against him. He took part in the enquiry proceeding but at the time of en­quiry, he found that several other officers were present in the room of the enquiry ...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....e the Respon­dent No.1 filed the instant application for rec­tification of the Share Register in respect of the second allotment of 12,000 shares made in his favour and that the Respondent No.1 sometime in July, 1997 verbally agreed to transfer his entire share-holding in the Com­pany in favour o......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....cordingly one Abdul Khaleque was appointed as Advocate Commissioner and writ was issued to that effect on that date and the Advocate Commissioner submitted his report on 20.02.2002. But in the meantime the plain­tiff-respondents filed an petition on 10.02.2001 under section 151 of the Code o......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

.... that a case of recount­ing is to be established from the stage of counting of ballot papers but in the instant case no such case has been made out and the case of recounting was for the first time made out before the Tribunal and as such the Tribunal was not justified in recounting the ball...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..

Category: Election Law | Date: | Hits: 111

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....long after 18 years of regis­tration of exchange deed in favour of the plaintiff in India. All the courts further held that the plaintiffs could not show the P.W.1 went to India at the relevant time as he said he had no passport at that time. His contention is that he travelled India at the ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....that the shipment would be made from several countries as such the plaintiff amended the port of shipment and that the defendant Nos.1 and 2 failed to make shipment of the plaintiffs merchandise on time and as a result the plaintiffs mill became inoperative for want of raw materials and that the ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....he amount of TK. 50, 000/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque of TK. 50, 000/- was honored while the cheque of TK. 3, 97, 875/- was dishonored more than once and in the mean time the due time for payment of the installment also expired and, institute the respondent No. 1 ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed as a superintendent of the Madrasha by a duly constituted ad-hoc committee and subsequently he was appointed as principal of the Madrasha by the Managing Committee and that until and unless such appointment is cancelled by competent authority the petitioner's locus standi cannot be questioned...

Category: Constitutional Law | Date: | Hits: 139

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

.... Program Support and in the agreement provision has been made for implementation of 2nd Phase of the project and that Government gave sanction for keeping 29 posts which were earlier created at the time of starting the work of the project and by letter dated 25.11.2002 informed the office of the......t after completion of the project. But this is done purely considering potentiali­ty and fund availability of the Government and that as per decision of the ECNEC meet­ing applications for appointment have been invited for the project phase II from the phase I project officers and staff ..

Category: Others | Date: | Hits: 87

Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)

....sting witness of the Nadabipatra and they in their depositions did not state as to when and where they had written or attested the Nadabipatra and as such their evidence specifically in respect of time, place  and manner of execution of Nadabipatra are vague and unspecific inasmuch P.Ws. 2......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ..

Category: Property Law | Date: | Hits: 30

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......t petitioners and another one to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commission (PSC) invited applications from the candi­dates for appointment in various posts includ­ing Assistant Professor, Radiology by circular dated 21.05...

Category: Employment/Service Law | Date: | Hits: 86

Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)

....passed by the High Court Division on 19.12.2003 showing issuance of rule and order of stay. The Executing Court after hearing the parties recalled the writ of delivery of possession but in the mean time the respondent No.1 had already been evicted from the suit premises on 30.11.2003 at about 2.3......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

.... when the defendant petitioners filed written statement and thus took off the suit from the list of ex-part hear­ing and that 22.05.2002 was fixed for setting the date of hearing and in the meantime at the instance of the defendant No.6, Dhaka City Corporation the plaintiff petitioners being ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..

Category: Civil Law | Date: | Hits: 120

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....­ment appears to be not genuine, that the plain­tiffs have admitted claim of the defendants about purchase of .10 acre of land from Prabhat Chandra Shil, that the defendants although at the time of trial claimed that they took settlement of .61 acre of land by the ‘Amaldari’ ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 40

GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)

....tant General Manager was baseless and false. Thereafter, an Inquiry Committee was constituted for holding inquiry as to the allegations made against him. The committee did not inform him the date and time of inquiry and to remain present before the inquiry committee and that the inquiry committee di......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..

Category: Employment/Service Law | Date: | Hits: 181

Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

....after receiving of the record from the High Court Division and finally about the date of peremptory hearing of the suit and, as such, he was not aware of the ex parte decree and that for the first time he came to know about the ex parte decree from Shamsher Ali Sheikh (P.W 2) on 2nd of Baishakh,...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 112

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....ds of the petitioner on the tariff value. 5. The High Court Division discharged the Rule holding that the petitioner is liable to be fixed up with tariff value on the goods prevalent at the time of filing of the bill of entry. 6. Mr.Nurul Islam Bhuiyan, the learned Advocate-on-Reco......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....fter Mir Baksha Miah received further amount of Taka 560 as advance and made further construction, that it was the stipulation that Taka 560 would be adjusted against the rent which at the relevant time was Taka 35 and that after adjustment of the advanced amount by May, 1960, the monthly rent w......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....tion in service as per Provisions of Regulation 10(1) (4) of Probidhanmala, 1990. 11. It is true that as per Sub-Regulation (2) of Regulation 10 the seniority of the employees appointed at a time shall be determined on the basis of merit list as recommended by the selection committee cons......ctor (Survey) BIWTA. 4. Short facts are that the writ petitioner and respondent No.4 were both appointed on temporary basis as River Surveyors in the Department of Hydrography under BIWTA by appointment letter dated 16-3-1978. The petitioner joined on 24-3-1978 while respondent No.4 joined..

Category: Employment/Service Law | Date: | Hits: 59

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

.... in suit. 13. The defendant No.1 filed Miscellaneous Case seeking preemption in respect of the transfer made by Safatunnessa to the plaintiff but the said preemption case was dismissed being time barred. During the pendency of the preemption case defendant No.1 having had dispossessed the ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44