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Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......bsp;                 M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved.   2. Both the writ petitioners were appointed Appraisers from..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......tion and termination of the tenancy of the petitioner. In view of the facts and circumstances of the case and for the reasons stated above, the judgment and decree complained of are not tenable in law. They, therefore, are set aside and the suit of the opposite party dismissed.” 4. There..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful authority and the result of the price bid opened on 21st September, 2000 be declared acceptin..

Category: Others | Date: | Hits: 130

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......them can neither be allowed under Order I rule 10 or under Order XXII, rule 4 of the Code of Civil Procedure and the learned appellate Court below, misdirecting himself on a total misconception of law and facts erroneously allowed the application filed by the opposite parties for adding them as ..

Category: Property Law | Date: | Hits: 63

Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)

....  There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... for the house of the Convict petitioner but on way he got information that his daughter committed suicide by hanging. At the same time he also got information that on the previous night his son-in-law, who is the petitioner hereafter, committing murder got the dead body of Sabila hanged with a ..

Category: Criminal Law | Date: | Hits: 52

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......gment and order of the High Court are set aside. The High Court Division is accordingly, directed to dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..

Category: Procedural Law | Date: | Hits: 114

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ..

Category: Civil Law | Date: | Hits: 115

Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)

....   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......ng Gurupada Das Bairagi as nephew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagi’s name came up as owner and the High Court Division erred in law in introducing him as a SA recorded owner with the result that plaintiff became the owner of th..

Category: Property Law | Date: | Hits: 43

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

.....   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ......nce in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of the election in flagrant violation of the provision of law. Due to the influence of the ruling party people by-election could not be held peacefully whic..

Category: Election Law | Date: | Hits: 158

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... accused Salim taking victim Salma to his house alluring with a mango in his hand, the prosecution has been able to prove the last seen theory implicating the accused the High Court Division erred in law in acquitting the accused. The learned Additional Attorney- General has further submitted that, ..

Category: Criminal Law | Date: | Hits: 59

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......its fund with the object of getting more money for spending in charitable purposes……………………..(26)  ii) There is no bar in the law in investing foreign donations in income generating activities….........(30)  ..

Category: Constitutional Law | Date: | Hits: 199

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ......eal was thus allowed in part.   8. Counsel for the appellant has urged before us that the evidence being purely circumstantial and doubtful the conviction was not sustainable in law. He further submits that the principles governing a case based on circumstantial evidence were ..

Category: Criminal Law | Date: | Hits: 55

Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)

...., facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ......nance, 1969 (XXIII of 1969), section 34  Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law.   Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader A..

Category: Labour and Industrial Law | Date: | Hits: 115

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......deration of this case may appropriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there was unlawful assembly formed by the accused persons i.e. respondents and others and that the common object..

Category: Criminal Law | Date: | Hits: 55

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ......service of workers on the basis of certain recommendations of the Commission.- (1) Notwithstanding any thing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law or any rule, regulation, by-law, agreement, award, settlement, custom, usage or terms and co..

Category: Fiscal/Taxation Law | Date: | Hits: 66

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......), Order XLVII rule 1   Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated&..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......eclaring the impugned orders dated 14-7-1987 and 16-6-1987 of the Member, Board of Land Administration affirming those dated 11-9-1985 of the Additional Commissioner to have been passed without any lawful authority and further directing respondents to lease out the disputed land to the writ peti..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......n of issuance of the Rule if any. 4. Mr. Zahedul Bari, learned Advocate appearing on behalf of the petitioner, submits that the High Court Division condoned the delay against settled principle of law and thereby committed an illegality. He submits that there was apparent negligence on the face o..

Category: Procedural Law | Date: | Hits: 121

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... and submitted report accordingly on the basis of which the order of removal dated 05.07.1999 was issued. The plaintiff averred that the issuance of order of removal was not made in accordance with law and being-contrary to the provisions of IFIC Bank Service Rules the same was not maintainable ..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......dated November 16, 1992 (Order No.35 dated 11.16.1992) rejecting the application filed under Order 7, Rule 11 of the Code of Civil Procedure on the observation that in the suit serious question of law is involved and that without hearing the suit finally it would not be possible to arrive at a c..

Category: Civil Law | Date: | Hits: 77