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Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....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. ......uch the said Board was the only competent authority to pass the order of compulsory retirement. The impugned order not having been passed by the Board of Directors, the same was not sustainable in law. 3. The appellant-Bank in its written objection refuted all the allegations of the respo..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....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. ......ries and payment of rent on the basis of dakhilas are collusive, forged and fabricated documents created for the purpose of the suit and therefore that the High Court Division committed an error of law in setting aside the judgment of the court of appeal below without reversing the findings that ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... 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. ......on read with section 4 of the Administrative Tribunals Act, 1980 and the learned Judges of the High Court Division being an appellate court with the same powers as those of the trial court erred in law in not rejecting the plaint although that was the precise submission made before it and the fur..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......rder dated 14.5.2002. Hence is this petition for review. 2. Md. Nowab Ali, learned Advocate-on-Record, in support of the petition submits, inter alia, that the High Court Division erred in law in not holding that the respondent’s application for permanent injunction was not maintai..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....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. ......nment reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that the order challenged was passed legally and lawfully. 6. At the time of hearing of the case it was submitted by the Government that the ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......iff continuing to reside and doing his business on the suit property paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspapers and the Government constitu..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....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. ......e submissions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure and thus fell into an error of law in holding that foreign judgment, Exhibit-3 was admissible. 5. We have heard Mr. AJ. Moh..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....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. ......ous suit and as he was unsuccessful up to the Appellate Division in getting the decree passed in the earlier suit set aside, as such the High Court Division erred in law in not rejecting the plaint of the Other Class Suit No. 41 of 2000 at least with respect of 'k..Category: Civil Law | Date: | Hits: 122
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ppellate court directing for maintaining status quo is illegal and the High Court Division committed error in support in not considering this vital ground and that the High Court Division erred in law in failing to find that the balance of convenience and inconvenience is in favour of the petiti..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... 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. ......aving arrived at various finding of facts, the learned Single Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or procedure calling for any interference in exercise of jurisdiction under section 100 of the ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... 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. ...... the ground of shortage of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisions of law and there was no lawful and valid notice in support of the case of the respondent No.3 that the..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......the contentions that the High Court Division misdirected itself in discharging the Rule in that it was no where found that the impugned order dated 14.12.1991 (Annexure-D to the writ petition) was lawfully passed under proper lawful authority, that the High Court Division not only misread the op..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....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. ......an in question has been clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Division as well as the court below upon a total non-consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. 3 and 4 to be struck out from t..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....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: ...... that the learned Additional District Judge being last court of fact decided the point of limitation in favour of the appellant condoning the delay and the question being a mixed question of fact and law, the High Court Division committed error of law in reversing the finding of fact without any cog..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......ps by judgment and order dated 17.6.2003 rejected the said criminal revision summarily. 3. Mr. Ozair Farooq, learned advocate for the petitioner argued that the High Court Division erred in law in passing the judgment and order inasmuch as Sub-section 3(B) of Section 173 of the Code of Cr..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....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. ......wo months from the date of receipt of the judgment. The High Court Division made further direction that "the re-examination and re-evaluation should be done impartially and in accordance with law". 2. The writ-petition was filed in the background of the facts that the writ-peti..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....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. ...... the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and Appeal No. 92 of 1979 was bad in law. The High Court Division further was of the view that the land as to which decree for khas poss..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....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. ......her under section 307/34 of the Penal Code for attempting to cause murder of Shakkhar (2), son of the victim Chapa, in furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich business of Barisal. He has several sons and daughters living in..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ate for trial. The accused-petitioner appeared before him and prayed for bail on the ground among other that the aforesaid G.R. Case is not maintainable against him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing ..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....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. ......making a direction in the impugned judgment to implement the scheme under the said Act, 1968. Hence the impugned judgment and order passed in the aforesaid two writ petitions is not sustainable in law. 9. Mr. A. Mannan, the learned Counsel for the respondent workers dismissed the above co..Category: Labour and Industrial Law | Date: | Hits: 95
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