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Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....ation. Under orders of the BCIC, the writ petitioners were serving in the head office of the corporation as well as under several industrial units of the BCIC. But their service is governed by the provisions of the BCIC Employees Service Regulations, 1988 in which it has been specifically stated......re directed against the judgment and order dated 04-05-2005 in Writ Petition No. 8050 of 2002 along with other writ petitions making the Rule absolute by declaring the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......the case as claimed by the defendant Nos.1 and 2 of the suit. The High Court Division also found that the trial Court rightly decided the matter in controversy and hence did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the judgment a..Category: Property Law | Date: | Hits: 49
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This C..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......in their previous post and position and it is practically impossible to carry out the Judgment and order of the High Court Division. He lastly submits that the case involves important questions of law of public importance as to the interpretation regarding regularisation of Government servants a..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......and order dated 10-6-2001. 7. Mr. Abu Shams Md. Khalequzzaman, learned Advocate-on-Record, appearing for the petitioner, submitted that the High Court Division have on misconception of law made the Rule absolute without considering the law, facts and circumstances of the case and, as ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....hether the same is well known or not. 9. The High Court Division after hearing the parties vide judgment and order dated 03.1.1998 allowed the appeal holding as follows: "It appears from this provision that this has not override any law of the country, this is in addition to the normal law o......his appeal by leave arose to consider the submission of the learned Counsel for the appellant as under: "Mr. Rafique-Ul-Huq, the learned Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relyi..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....g ownership of the property as co sharers of the common property ends of justice would be met if the receiver continues to remain in possession by dropping proceeding which is contrary to the provision of law. The judgment and order of the High Court Division was set aside and that of the A......hip of the property as co sharers of the common property ends of justice would be met if the receiver continues to remain in possession by dropping proceeding which is contrary to the provision of law. The judgment and order of the High Court Division was set aside and that of the Additional Ses..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....ation namely, Martial Law period lass; but with its departure it no longer casts a shadow upon the ordinary law. In other words, it was held that after the lifting of martial law, while reading any provision as to conviction for a criminal offence in any ordinary law, the conviction by a Martial L...... any case wrong in holding that rule 8 of the Rules of 1976 does not refer to a conviction by a Martial Law Court and it only refers to a criminal charge and conviction as provided under the ordinary law. 8. At the hearing of the appeal the learned Deputy Attorney General has pressed the First su..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... 1979. The respondent preferred Criminal Appeal No. 173 of 1974 to the High Court Division. During the pendency of the appeal the respondent was however, dismissed from service under the provisions of the BADC disciplinary Case Procedures, 1977. The said office order was communicated t......esh for a declaration that the said Memo dated 18 May 1986 refusing to reinstate him in service on setting aside the Order of his dismissal from service made on 29 March 1984 was without lawful authority. A direction was also sought for his reinstatement in service. The respondent alle..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... the trial Court and the first appellate Court. 9. Appearing on behalf of the appellants Mr. Moinul Hossain, learned Counsel, has submitted that the High Court Division fell into an error of law in relying upon an extraneous document, namely, the revisional settlement map for coming ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. .......1991 passed by the trial Court showing plaintiff's hajira in the suit although the same was in fact a hajira filed by the defendant and not by the plaintiff and thereby committed an error of law in passing the impugned judgment; (ii) that the Court's order of transferring the suit from one..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ndent fails. 11. In the result, the appeal be allowed, the judgment and decree of the High Court Division be set aside and the case be sent back to that court for fresh disposal in accordance with law and in the light of the observations made here in above. There will be no order as to costs. The..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......ribunal also upheld the order of the Administrative Tribunal on the same ground. 4. Leave was granted to consider. The submission of the Government appellant that both the Tribunals below erred in law in not considering that there was typing mistake in as much as in place of the Rules of 1985, Ru..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....untry since 1964 in the field of Co-operative movement by amending the Co-operative Societies Act, 1940 and the same scheme is now being maintained under the Ordinance by incorporating an identical provision in the second proviso to Section 15 thereof. From the date of dismissal of the manag...... Court Division under Article 102 of the Constitution. Accordingly upon making the Rule Nisi absolute on merit the learned Judges declared the dismissal of respondent No. 1 from service void and unlawful. 5. Leave was granted to consider as to whether the High Court Division has fallen in..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......for a period of 5 months, cannot be deemed to be 'continued ill health". 5. Leave was granted to consider the appellant's submissions (1) that the High Court Division erred in law in importing a new idea and a criteria of curability and period of illness for determination of..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....bsp; therein till the end of October, 1971. 10. In rejecting the review application by judgment and order dated 24-4-93 the Court of Settlement held that there is no provision for review of a judgment of the Court of Settlement under the provisions of the Abandone......6-6-72. The writ petitioner thereafter made several representations to the various relevant authorities of the Government clearly stating that she was a Bangladesh Nationality by operation of law and was at present holding Canadian Nationality and that her property is not liable to be decla..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......owledge and he has land which added with the land under pre-emption would not exceed 100 big has. 3. Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not be..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
.... to take it over, vest, and be deemed always to have vested, in the Government. 5.................................... 6. Certain judgments, etc., annulled.- (1) Subject to the provisions of sub-paragraph (2) all judgments, decisions, decrees, writs, injunctions or orde......r dated 15.6.77 made the Rule Nisi absolute declaring that the impugned notification of the respondents taking over the Cinema Hall in question as abandoned property has been made without any lawful authority and of no legal effect. The respondents were directed to make over vacant pos..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....restoring appeals for ends of justice. 4. Mr. M. A. Wahhab Mian, learned Advocate appearing on behalf of the appellants submits that the Waqf Ordinance is a special statute and all the provisions of the Code of Civil Procedure including Order 41 Rule 19 of the Code is not applicable,......led for restoration of these two appeals on substantiate the same ground. They alleged that after transfer of the appeals from Rajshahi to Nowgaon they have been prosecuting the appeals by engaging lawyers but their lawyers did not take necessary steps which led to dismissal of the appeals and t..Category: Trust/Waqf Law | Date: | Hits: 226
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