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ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....n for temporary injunction. 10. In Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42 by dismissing an appeal the Appellate Division directed maintenance of status quo ante in respect of a disputed passage. Appeal was presented against an order of a single judge of this Division directing...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......the concept of prima facie case, balance of convenience and inconvenience and chance of suffering irreparable loss and injury, that the High Court Division as well as the trial Court were in error in holding that the award, if any, passed in the arbitration proceeding initiated in Singapore would no..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....ng attached to the earth or, in other words, the compensation is to be assessed both for the movable and immovable properties. 6. The learned Additional Attorney‑General hits not disputed that 15% statutory compensation is allowable under the law in respect of the matters as co......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......are senior in service to respondent Nos. 2‑61. Briefly stated, the appellants' case is that the Public Service Commission issued Advertisement No. IF‑H/82/290 dated 10‑6‑82 (Annexure‑G) for holding a combined competitive examination for recruitment of 2490 persons to 25 cadre services incl..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......ailed to reject the plaint of the Bankruptcy Case in exercise of its jurisdiction under sub‑section 1(Ka) of section 28 of the said Act. He further submits that the learned Judge acted illegally in holding that the matters raised in the petition under section 28 of the Bankruptcy Act would be deci..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......ule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case. 7. It may be mentioned that the High Court Division in holding that the plaint did not disclose any cause of action placed reliance on the averments made ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....h other as given in First Miscellaneous Appeal No.133 of 1991 and First Miscellaneous Appeal No. 134 of 1991 requires reconsideration and re-conciliation. 13. The land sought to be pre-empted is undisputedly within the Chittagong Municipality and as such pre-emptor (appellant in both the appeals)......g price as mentioned in the kabalas as well as the compensation as provides by the law, but they denied finally on July 3, 1988. The pre-emtees are strangers in the holding and also not co-sharer of the land so transferred. 5. The pre-emptor claimed pre-emption as..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....alf of the respondents that the writ petition is incompetent inasmuch as the petition was made without first availing of the remedies available under the Act by way of appeal and revision against the disputed orders of requisition. It is true section 4A of the Act as inserted by Ordinance No. III ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......on of the suit premises to the landlord a tenant cannot claim title and ownership of the suit premises. The trial court below without considering the above legal position passed the impugned judgment holding that there is a dispute in between the parties over the title of the suit premises and on th..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....d as leave without pay as per regulations 31 (b) of the Regulation, 1981. 12. It may be mentioned that AAT found the allegations of unauthorised absence and borrowing of money were not disputed by the respondent and in that background the AAT held that the AT had rightly held that t......er of rejection of the appeal was communicated to the respondent on April 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the all..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....r than the contractual obligation, there is no scope for price adjustment to be made in favour of the appellant, more so these matters arose out of the alleged contractual obligation based on certain disputed questions of fact which cannot be decided under writ jurisdiction. 4. Mr. Rafique‑u......ingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committed error in law in holding that the contract was an ordinary commercial one inasmuch as the agreement has given rise to..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......bmits that while the High Court Division itself found that no specific allegation was made in the letter of termination against the writ‑petitioner, the said Division was in serious error in holding termination of appointment of the writ‑petitioner was illegal on the ground that his ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......; Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No. 2982 discharging the Rule holding "the petitioner has no locus standi”. 2. Facts, in short, are Advoc..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......ely its inherent power, that in view of the provision of section 3(2) of the Anti‑Corruption Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual the High Court Division erred in law in holding that cognisance was taken illegally by the Special Judge in the special cases. 7. The le..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....vidence, does not constitute a valid ground for review. However, an order based on an erroneous assumption of material fact, or without adverting to a provision of law, or a departure from an undisputed construction of the law and the Constitution may amount to an error apparent on the face ......Appeal No. 862 of 2000. 6. The learned Judges of the High Court Division by judgment and order dated 28‑1‑20033 accepted the reference in respect of accused Ershad Sikder upholding his sentence of death and altered sentence of Jamai Farooque and Liaquat Laskar from 302/34..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....der dated November 5, 1996 of a Division Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within ......e direction to tile parties as stated hereinbefore. 5. Leave was granted to consider the submissions that the High Court Division erred in law in sending the case on remand on a mere technicality holding that the trial Court ought to have compared the signatures as required under section 73 of t..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......es he was placed on suspension and was served with a notice to show cause and he replied to the said notice on 28‑1‑1992 denying the allegations and an enquiry officer was appointed for holding enquiry into the matter who fixed 8‑2‑1992 for enquiry, but the wife of the res..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......in law in summarily rejecting the Writ Petition on a misconstruction and misinterpretation of section 13(1)(d) and the Explanation attached thereto to the Pourashava Ordinance, 1977, and in not holding that provisions of 13(1)(d) read along with the "Explanation" pre‑supposes..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......strial Tribunal and an objection was raised on behalf of the Research Association as to its competency on the ground that the Research Association is not an industry within the meaning of the Act. In holding the said Ahmedabad Textile Industry's Research Association an industry, Wanchoo, Justice..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......dition of opposite party in the suit cannot be said to be not necessary. Such addition of a subsequent transferee would not prejudice the plaintiff rather would help him to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.4 would assist the Cour..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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