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Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....e suit since it was not in the pleading of the contesting defendant that plaintiffs documents are not genuine, or in other words it was not the case of the defendants in their pleading as per provision of Order 6, Rule 4 of the Code of Civil Procedure i.e. the statement as to particula......uit i.e. 'Ka' schedule land as vested property and thereupon by evicting the plaintiff leased out the same to different persons, but "The plea of Government is not at all tenable in law in view of the exchange deed and Power of Attorney of the year 1962 which was executed and regi..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
.... was held to be valid. 7. Section 3 of the Arbitration Act provides that unless a different intention is expressed in the arbitration agreement if shall be deemed to include the provisions set put in the First Schedule which enacts that the arbitrators shall make their aw......edly the award has been passed beyond the period of time without any extension from the Court, the arbitrators ceased to have jurisdiction in passing the award which is not award in the eye of law and referred to the case of Md. Ismail Vs. Munshi Ali Hossain reported in 60 DLR 641 in suppor..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....of Senior Principal Officer he was placed in the scale of Tk. 1850-2375 on the National Pay Scale with effect from 1987; that he reached the highest slab of the scale in 1982; that according to the provisions of memorandum number MF/FD(IMP)3-l(G)/83/12 dated 23.01.1985 he become eligible to ...... on appeal the same was partly allowed as aforesaid. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record appearing for the petitioners submitted that the High Court Division erred in law in holding that grant of time scale benefit is a matter of discretion of the employer and ..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....ccordingly committed error of law. He next submits that the complaint petition was filed within stipulated time as given under Section 25 of Employment of Labour (Standing Orders) Act 1965 and provision of Regulation 59 of Bangladesh Biman Corporation Service, 1979 is not a bar against ......adesh Biman Airlines but the High Court Division made the Rule absolute on the ground that Bangladesh Biman Corporation was not made a party in the complaint case and accordingly committed error of law. He next submits that the complaint petition was filed within stipulated time as given under Se..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
.... of share certificates does not establish that the shares were issued and allotted in compliance of the formalities required under the Articles of Association or any agreement or the applicable legal provisions and that the deposit of share certificates with the Agrani Bank has not been confirmed an......shareholder in respect of 50,000 shares out of the subsequent allotment of 1,24,000 shares by the Company and further declaring that the allotment of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....er submission that in view of the facts and circumstances of the case the question whether time granted by the High Court Division for doing an act can be extended by the lower court under the provision of 148 of the Code of Civil Procedure in extenuating circumstances. 9. We hav......ourt Division, the defendant-petitioners did not deposit the commissioner's fee within 60 days and as the deposit was made beyond the period of 60 days the deposit made was no deposit in the eye of law and as such the order dated 16.01.2000 is not sustainable in law. 6. The defendant-petit..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......t the trial Court in the background of which materials declared the title of the defendant Nos.1 and 2 in part of the land in suit said to have acquired said title by adverse possession was under the law required to dismiss the suit, that appellate Court while setting aside the judgment and decree o..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ......jection was raised for the same before the Presiding Officer of the Center. As a result, the High Court Division committed illegality in passing the impugned judgment and order on misconception of law and materials on record. The submissions merit consideration. Leave is granted. ..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....r appellate court committed error of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into evidence violating the provisions that there is no evidence that the list Exhibit "Ka", that is census but ...... by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.1960. Thereafter, Kali Das Nandi died. Kallayani Debi obtained a proba..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ary import general manifest of the defendant No. 5 and prayed for cancellation of the same by his application dated 27.10.2003 and the plaintiff with permission of the defendant No. 5 executed provision bond dated 10.07.2003 in favour of the defendant No. 5 taking C-form from the defendant N...... appearing for the respondent No.7 opposes the petition stating, inter alia, that there is no error in the judgment and order of the High Court Division inasmuch as the plaint appears to barred by law without having any cause of action and that the Respondent has been facing colossal financial l..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......partition deed was executed among the co-sharers leaving no scope for separation for Jama before filing of the preemption application on 28.1.83.......that the case land was never spitted up as per law made the Rule obtained in Civil Revision No. 524 of 1998 absolute and thereupon allowed the pray..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ndents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman, the informant of the ca..Category: Criminal Law | Date: | Hits: 41
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ...... not to speak of any offence punishable under Section 420 of the Penal Code and that the High Court Division passed the impugned judgment and order disregarding the aforesaid facts and law. The submissions made on behalf of the petitioner merit consideration. 9. Le..Category: Criminal Law | Date: | Hits: 44
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
.... Co-operative Societies Ain, 2001 reveals that there is a clear bar to participate in the election of Khetlal UCCA Ltd. unless a member completes a tenure of 12 months as a member. In view of that provision and also in view of Section 17(2) (b) of the Co-operative Society Rules, 1987, the petiti......d 05-01-2004 passed by the Joint Registrar, Divisional Co-operative Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner,..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......g the rule absolute and allowed the writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and the light of the aforesaid decision of the Appellate Division the company can lawfully con..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....f Agriculture to transfer the project to Revenue Budget and that an agreement was made between Government of Bangladesh and Denmark for Agricultural Sector Program Support and in the agreement provision has been made for implementation of 2nd Phase of the project and that Government gave sa......een preferred at the instance of the same petitioners i.e. the Government of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, in short, are that the..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......rts below and thereafter contended that the High Court Division having sent the case back to the lower appellate Court on remand instead of trial Court, to dispose of the appeal in accordance with law and in the light of observation made therein but making observation regarding claim of .09..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....periences but in the impugned judgment and order the High Court Division gave over emphasis to Rule 16 and became totally oblivious to Rule 17 of the Rules, inasmuch as under Rule 17 there is provision of selecting candidates holding interview of the eligible candidates. 9. He strenu......ute by judgment and order mentioned above thereby declared the aforesaid Memo No. Par-1/Niyog-02/2004/387/1 (20) dated 16.03.2004 (Annexure-D-1 to the writ petition) to have been made without lawful authority and directed PSC to hold proper examination in making selection and recommend..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......y involved in the subject matter of the suit and as such it was necessary to allow him to be impleaded as an opposite party in the civil revision and that being not done there has been an error of law occasioning failure of justice. He further submits that if possession is restored in favour of ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......possessed in violation of the order of injunction but in the instant case there was no order of status quo as alleged by the plaintiffs and that the plaintiff respondents having been evicted by the law enforcing agency at the instance of Dhaka City Corporation, the lawful owner of the property, ..Category: Civil Law | Date: | Hits: 120
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