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Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......8, 2004. Result: The Rule is made absolute. Service Regulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviousl..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ...... Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available as per the provisions if such worker is terminated due to his trade union activities or if he is deprived of ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......hts and obligations thereunder. That the bainapatra was not executed in between the plaintiffs and the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of the Specific Relief Act plaintiffs not being party to the agreement or p..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......ks and submission of all parties to an agreement may agree that any maps and reports would be eight months from reference thereunder shall be to an arbitrator or signing of the agreement. None of the provisions of arbitrators to be appointed by a person designated the contract indicates any intentio..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......he High Court Division erred in setting aside the order of the trial Court rejecting the plaint. The learned Advocate further submits in view of the decree passed in SA No. 119 of 19337 read with the provisions of section 50 of the Waqf Ordinance, 1962, no suit could be instituted under section 64 o..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....has been dishonoured for want of fund having an endorsement "refer to drawer". As such, the offence punishable under section 138(1) of the Act is found to have been made complete when other mandatory provisions of the provisos are also found to be complied with. Neither the present petitio......er person to encash such amount mentioned in the cheque is returned unpaid then the above words of section 138(1) leave no manner of doubt that, for whatever reason it may be, the liability under the provisions cannot be avoided in such event of refusal by the banker…….(29)
There ..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the plaintiff by order dated 5‑4‑99 the trial Court directed the parties to maintain status quo in respect of possession of the suit land. On 20‑4‑99 the plaintiff made an application for a mandatory injunction for restoration of possession claiming that on 12‑4‑99 the defendant dispos......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......ompatible to the innocence of the convict. 11. Provision of Article 105 of the Constitution empowers this Division to review its judgment pronounced or order made "subject to the provisions of any Act of Parliament or of any Rules made by the Division". This Division has m..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......f the loan, the subject-matter of Artha Rin Adalat Suit No.147 of 1992. 11. Dr. Kamal Hossain has referred to a decision in the case reported in AIR 1965 SC 1153 wherein it has been held that the provisions of section 11 of the Code of Civil Procedure are not exhaustive with respect to the earl..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ...... accept the deficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law……..(25) Cases Referred to- Suraj Pal Pandey and others Vs...Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......Act No. 13 of 1948 i.e. the Emergency Requisition of Property Act, are to be continued and disposed, of thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the said Ordinance in the instant proceeding drawn under the said Act for payme..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
....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.
......uraged to invest in Bangladesh and that the order of injunction offends the public policy, that if award is passed by the Arbitral Tribunal in Singapore that would be enforceable in Bangladesh as per provisions of Arbitration Act of 2001, that even if the suit so filed is maintainable the applicatio..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......nk filed the Mortgage Suit No.26 of 2001. The summons in the mortgage suit was issued several times at the address of the petitioner. Finally, the summons were published in the daily newspaper as per provisions of the Ain, 1990 and it is not true that he was totally unaware of the suit filed against..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
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: ......ase No. 232 of 1994 of the Administrative Appellate Tribunal, Dhaka. In the said appeal leave was granted to consider whether the learned Administrative Tribunals manifestly erred in construing the provisions of Rule 3(g) of the BCS Seniority Rules. 1983 in disregard to the provision which clearly..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.
......llip;……Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even be..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....his being dispossessed from the western side of the suit land filed the suit. During the pendency of the suit, the plaintiff having been dispossessed from a portion of the suit land made a prayer for mandatory injunction. 3. The defendant‑respondents contested the suit by filing written......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......, the Registrar was quite competent to pass the order to secure the ends of justice taking the aid of section 151 of the Code of Civil Procedure, as section 3 of the Act has clearly provided that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other l..Category: Others | Date: 5 May, 2004 | Hits: 4
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... 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: ......tainable. "(2) Article 2226 cannot be used for the purpose of giving interim relief as the only and final relief on the application. The directions had been given here only to circumvent the provisions of section 80 Civil Procedure Code and that was not within the scope of Article 226. An i..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......n Act by the Court the learned Arbitrator had no authority to travel beyond the reference. He was obliged to arbitrate on the basis of the application in accordance with terms of the contract and the provisions of the Arbitration Act. 40. There cannot be any two opinions on the authorities cite..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ...... April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the aggrieved party to invoke the writ…….(20) A ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
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