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Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......arties were posted in different garden as tappers. The first parties served continuously for more than six months and as such, they became permanent tappers automatically by operation of law. The second parties were not treating the first parties as permanent and they were not giving t..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......t the plaintiff had no title and possession in the suit land. 4. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to exercise the jurisdiction vested in him by Section 115(1) of the Code of Civil Pr..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......nt-respondents did not repay the amount due to the plaintiff bank. The cause of action for the suit arose lastly on 24.04.1997 and as such, the plaintiff bank has been forced to take the shelter of law for recovery of its good money amounting to Tk. 2,56,28,277.00 together with up-to-date interes..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......ghter of Lala Lachhman Dass. In 1940, she embraced Islam and married Dr. Zahiruddin Alvi. At the time of partition, Dr. Zahiruddin Alvi was posted at Larkana as District Health Officer. His mother-in-law and brother-in-law were also staying with him. They embraced Islam and started residing with res..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....50-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 promulgated by the president in exercise of his Rule making power under Article 133 of the Constitution and issued by the Ministry of Establishment amending Bangladesh Civil Service Recruitment Rules, 1981 by incorporating Rule 8(1) (dd) after Ru......fication of the ad-hoc appointees and were thus arbitrary and discriminatory. On appeal, the Appellate Division observed that classification is not class legislation. The term "equality before law" should not be interpretated in its absolute sense to hold that all persons are equal in a..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......izanur Rahman, the Appellate Division also reviewed its decision in the case of Mostafizur Rahman Vs. Government of Bangladesh and others, 51 DLR (AD) 40 and rectified the same in the light of the law laid down in the aforesaid case of Mizanur Rahman. 8. In the case in hand, the question..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......rticle 102 of the Constitution and obtained the present Rule. 3. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that the High Court Division Committed an error of law in holding that the petitioner if has any grievance against such appointment he could prefer ap..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ...... the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. That the respondent Nos. 1-2 have no lawful authority to change the lay out plan except in accordance with law; the lay out plan prepared..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......has to pay huge amount of interest against the said amount of bank guarantee. The learned Counsel further submitted that the learned Judge of the High Court Division committed a gross error of law occasioning failure of justice in finding that the port dues is to be paid not out of the sale ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......ead Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known terrorist in Chittagong. It was also stated t..Category: Criminal Law | Date: | Hits: 32
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......shy;er inasmuch as the allegations do not attract the mischief of section 25(B) of the Special Powers Act, 1974 and thus the charge framed against the accused petitioner is not maintainable in law. 6. We have heard the learned Advocate for the petitioner and considered the connect..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......i Akanda, the learned Deputy Attorney General, appearing for the petitioner-the State, submitted that the case having been proved beyond all reasonable doubt, the High Court Division erred in law in commuting the sentence to imprisonment for life from sentence of death. He then submitted th..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ...... General, appearing for the petitioner, submits that the prosecution having had proved the case beyond all reasonable doubts by good and satisfactory evidence, the High Court Division erred in law in allowing the appeal. He then submits that the High Court Division most illegally acquitted ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......000/- and the balance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to the legal notice d..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ...... petitioner. 5. A.K.M. Shahidul Huq, the learned Advocate-on-Record appearing for the petitioner, submits that the learned Single Judge of the High Court Division committed an error of law resulting an error occasioning failure of justice in setting aside the judgment and decree..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......cate and perused the petition and the impugned judgment and order of the High Court Division and other paper on record. 10. The learned Advocate submits that the High Court Division erred in law in reversing the finding of the court of appeal below without assessing the materials on record..Category: Property Law | Date: | Hits: 21
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... said Miscellaneous Case No.12 of 1997 by submitting written objection denying the contention of the pre-emptor in his petition, stating that the application for pre-emption was not maintainable in law, the same was barred by law and bad for defect of parties. The pre-emptor petitioner was not en..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......ment amongst themselves claimed the suit land within the limit of their title and possession in the suit land and so the plaintiff Nos.3 and 4 have locus standi to file the suit; that according to law if any portion of the auction sale land in rent execution case remains in the possession o..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......igh Court Division the pre-emptee petitioner preferred the petition for leave to appeal. 9. The learned Advocate for the pre-emptee-petitioner submits that the court below committed error of law in not considering that the doctrine of propinquity of blood is the guiding principle for..Category: Property Law | Date: | Hits: 28
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