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Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....y retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......", wherever occurring, the words and comma "Chairman, Managing Director" shall be substituted. 10. The learned Advocate for the respondent could not show that at the relevant time the post of Chairman was filled up and his duty/ job was defined or the duties / functions of ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....mmitted error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......t Ext. 2 series holding that Basanta Kumar was karta of the family and as karta he gave pattan although the trial court found that P.W.1 had no knowledge regarding pattan as he was a minor at that time and P.W. 2 Mozzafor Hossain who proved the pattan dakhila was not present at the time of grant......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... a bar to an relief because the respondents' appeals are pending before the Chief Justice. The Division Bench opined that it is well settled that the Court returning the plaint has no power to fix time within which it is to be refiled and so it is to be presumed that for this reason no time limi...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......stating, inter alia, that the respondent made unusual delay in joining his new posting and he did not arrange to get his diplomatic passport from the Ministry of Foreign Affairs within a reasonable time and he also neither purchased any air ticket for him and his family nor made arrangements for......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....e Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......ough some lands of these two mouzas were shown in the agreement of exchange. The defendant Nos.1-4 did not perform their part of the contract by executing a deed of exchange. In the meantime the other defendants have created false documents in respect of the ‘Kha’ schedule......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... Procedure seeking setting aside of the decree on the groundof non-service of summons upon him. 3. The Miscellaneous Case was opposed by the appellant and the same was dismissed being time barred. 4. The said defendant i.e. Respondent No.1 then filed Other Class Suit No. 41 ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.....01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ent from other landlords. The appellate court below also considered the evidence of P.W.1, son of the plaintiff who stated that the witnesses examined on the plaintiffs side were not present at the time of taking settlement by the plaintiff. But P.W.1 himself claimed that he was present at the t......n Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......ibits and other papers and documents, by judgment and order dated 17.8.91, allowed the case and permitted the respondent No.3 to cancel the registration of the respondent No.1. 3. In the meantime, on or around August, 1989 the former sponsor-shareholders of the petitioner transferred their...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......erty in suit and that in making direction to the writ-petitioner Pubali Bank to deliver possession to the writ Respondent Nos. 3 and 4 (Latif D. Fancy, Director of Writ Respondent No.3) within the time fixed by the High Court Division from the date of receipt of the copy of the judgment in the w......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....it impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......der the Ain against the person who has/had availed the facility or has facilitated one to avail the facility as in section 2(kha) of the Ain and failed to discharge the obligation within stipulated time as per undertaking given at the time of availing one or more of the species as in section 2(kh......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....t aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......nd. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....dgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... High Court Division for bail in Criminal Miscellaneous Case No.6213 of 2002 and obtained a Rule and an 'order of ad-interim bail for a period of six months was also passed which was extended from time to time till the disposal of the Rule on 27.01.2004 and the High Court Division after hearing ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......Hospital for treatment considering the seriousness of their injuries and that the police arrested the accused Nos. 3, 5, 8, 26, 27 and 28 on the spot from the place of occurrence with unauthorised arms in their possession and another case under Arms Act was started and that the present case bein..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....s and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no relevancy to the facts and circumstances of the instant case. 9. The learned Counsel entering caveat for the Respondent No.1 has submitted that the University authority only to kill time and that to delay the compliance with the direction of the High Court Division has come ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......ary 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....istrict Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......Zillul Bari is the son-in-law of Khalilur Rahman and husband of Jasmine Ara. 5. The occurrence took place on the night following 18-10-1989 at the aforesaid house of Khalilur Rahman. At the time of occurrence Khalilur Rahman, his wife and three sons including Shahidul Alam, husband of dec......tantial evidence and conduct of the accused respondents were found to be incompatible with their innocence and moreso, their explanation being found to be false. 10. He further submits that recovery of incriminating materials including the blood-stained clothes, in particular the blood-st......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....d in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......tablish a Workers Participation Fund and Workers Welfare Fund as demanded by the respondent workers. 8. Mr. Raique-ul-Huq, the learned Counsel for the appellant-company however for the first time conceded that the appellant company was an industrial undertaking and canvassed only one point......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....h Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwelling house. At that time some unknown persons called him out on the pretext of hiring of his rented house. As soon as t...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......known persons called him out on the pretext of hiring of his rented house. As soon as the informant's brother reached near the gate of his house, the said unknown persons shot at him from fire arms and the victim fell down on the ground and the miscreants fled away. The informant learnt tha..Category: Criminal Law | Date: | Hits: 41
....h Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......7.07.1965 but on 01.04.93 the same was dismissed and as against that Sreemanta Kumar Dutta moved the High Court Division and obtained Rule in Civil Revision No. 9 of 1994 which is pending; in the meantime on 21.05.1994 Md. Nasiruddin died and thereafter Sreemanto Kumar Dutta also died on 28.2.95 l......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....rection to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......ed in (2000) 20 BLD (AD) 230. Regulation 11A(2) reads as follows: "The Corporation may, if it considers expedient so to do, retire from service an employee at any time after he has completed twenty-five years service without assigning any reason". ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
.... by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......n, charge sheet was submitted against 8 (eight) accused persons. In due course the records were received by the Court of Sessions Judge and thereupon Sessions Case No.2 of 2002 was registered. At the time of trial out of the eight accused persons 5 (five) were in abscondence and the rest 3 Idris Ali......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
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