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Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... and 211 days respectively. By an office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warning that action will be taken against him in accordance with law for any future absence from duty giving a statement of his above mentioned absence from d..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......rt Division, by judgment and decree dated 5 June 1995, reversed the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further di..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n the suit premises and they regularly paid rent. When lease of Nawab Ayesha Begum expired defendant No. 2 became a direct tenant under the Waqf Estate who accepted rent from them and by operation of law they became a tenant under defendant No. 3 Dhaka Nawab Waqf Estate. Their further case is that t..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......' but by the Assistant General Manager (Administration), the same was illegal and void. 3. Learned Counsel for the appellant submits that the Administrative Appellate Tribunal erred in law in not noticing that the proceeding in question was held and the order of dismissal was passed ..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......property left by Lala Ram Sankar Roy escheated to the Government and the Government not being a party to O.C. Suit No. 35 of 1969 the learned Judges of the High Court Division fell into an error of law in not holding that the property in suit belonged to Sarna Kumari who executed the agreement f..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......n this case is leased on the finding of the other case filed by the writ petitioner of writ petition No. 648 of 1987 and that the Court of Settlement passed the impugned Judgment and order without lawful authority. 6. Mr. B. Hossain, the learned Advocate-on-Record for the appellant submit..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......l defaulter and inasmuch as the claim of the plaintiff with regard to bonafide requirement could be established by the plaintiff appellant, whether the Higher Court Division misconceived both the law and the fact in making the Rule absolute and dismissed the case of the plaintiff for ejectment a..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ...... by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having n..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgment. 2. The cas..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....t Pakistan Vs. Mohammad Mehadi Ali Khan Panni, (1959) 11 DLR (SC) 318 it had abated after the abrogation of the constitution of 1956. 4. On 24 May 1960 Ordinance IX of 1960 was promulgated, amending the Act by adding a new section 10A and on 7 February 1962 on further amendment of the sai......) (Third) Order, 1972 briefly President's Order No. 90 of 1972 came into force. Article 2 of this Order provides as follows: "Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applicatio..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being a special law Section 5 of the Limitation Act having not been made expressly applicable by the said Act reje..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ersal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they are enforceable in national courts. The local laws, both constitutional and statutory, are..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......s specifically aggrieved were made parties and therefore the error apparent on the face of the record is the failure to see that there has been a substantial compliance of the requirement of law. More so, because the respondents contested the case and did not object to the non-join..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......r specific performance of contract and the decree passed against them have been rejected by both the trial court as well as the appellate court below and the learned Single Judge is in an error of law in not taking into consideration this material point decided by the courts below while reversin..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......d non consideration of the evidence of (sic) record" and thus the appellate court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of jurisdiction of the High Court Division under Section 115(1..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......enue) the appellants moved the High Court Division in Writ Petition No. 1465 of 1991 and the rule was made absolute declaring the order of the Additional Deputy Commissioner (Revenue) to be without lawful authority and of no legal effect. After the judgment and order in the aforesaid writ petiti..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ned by, them in their suit for setting .aside the decree of a previous partition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Sec..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......n these appeals is whether the pre-emption has been allowed under section 24 of the Non-Agricultural Tenancy Act, 1949, to the respondents on correct appreciation of fact and proper application of law. 2. Respondents, Pre-emptors filed two proceedings, Miscellaneous Cases Nos. 250 of 1974..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......pala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 1908 (V of 1908), section 100 Misreading of evidence is a mixed question of fact and law, and as such the High Court Division erred in law in the interfering with the finding of the Cou..Category: Property Law | Date: | Hits: 40