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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....along with another Advocate Mr. Abul Hossain Talukder was appointed Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (Solicito...... 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. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....st information report named accused in Zia International Airport PS Case No.38 dated 30‑11‑2003 under sections 302/34 of the Penal Code, new pending in the Court of Chief Metropolitan magistrate, Dhaka. But the Police is after this petitioner and he is being chased and harassed by the police onl......nal Procedure. 2. Perused the application and heard the learned Advocate. 3. It is stated in the application that the accused petitioner is not first information report named accused in Zia International Airport PS Case No.38 dated 30‑11‑2003 under sections 302/34 of the Penal Code, ne..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....enge the petitioners be saddled with cost impugned memo.  4. In support of his submissions he has referred to the decision in the case of Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others vs. Md. Faizur Rahman and others reported in 51 DLR (A......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....nt opinion could be arrived at on fresh evaluation of the evidence………(14)  Cases Referred to-  Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Televisi......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....e is directed against the judgment of the High Court Division dated 13‑8‑1998 in Writ Petition No. 1805 of 1995 making the Rule absolute, setting aside the decision of the Labour Court, Dhaka.  2. Leave was granted to consider as to whether the High Court Division erred in......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. ..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... are not in a managerial capacity, are workers but it was not so found in the case of the employees of Kumudini Hospital or the Cholera Laborator (43 DLR 655) and also in case of the employees of the Dhaka Improvement Trust (34 DLR (AD) 37). We want to consider the Labour Legislations not in isolati...... 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.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, which allowed an application of a third party for addition. ......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. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....te‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 57 of 2002).  Judgment       &......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Govern......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... with a period of four (4) months of the knowledge of sale. B) Pre-emptor got not more than 4/5 Bighas of land. C) Agreement was unregistered one and stamp of agreement was purchased from Dhaka on 26.6.1997 whereas revenue paper and Affidavit for the purpose of sale deed had been purcha......a Begum and other, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533; Gujt Heluering Commissioner of Internationals Revenue Vs. John Kehoc, (1939) 309 U.S. 267; State of New York and others Vs. United..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....d decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed o......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....e as to why the proceeding of GR Case No.382 of 2000 arising out of Dhanmondi PS Case No.49(2) 2000 under sections 315/316 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is tha......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....March 1, 2003 of a Division Bench of the High Court Division in Writ Petition No. 2807 of 2002 discharging the Rule obtained against the judgment and order dated May 11, 2002 of the 2nd Labour Court, Dhaka in Appeal No. 13 of 2001 making direction to the Registrar of Trade Unions to register Writ re......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

.... Diseases and Hospital and she is also an office bearer and representative of the Nurses Association. The petitioner was transferred from National Institute of Cardio Vascular Disease and Hospital, Dhaka to the Health Complex, Tajumuddin, Bhola in the vacant post of Senior Staff Nurse and she was......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

.... No. 199 of 1999 thereby discharging the accused‑respondent from the case setting aside the judgment and order dated 15‑3‑1999 passed by the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No. 553 of 1999. 3. The appellant filed the complaint case i......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....t the impugned judgment and order of the High Court Division passed in FMA No. 302 of 2003 dismissing the appeal against the order dated 29‑5‑2003 passed by the Joint District Judge, fifth Court, Dhaka in Title suit No. 48 of 2003 vacating the ad interim order of injunction on an off- date witho......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....ansparency in the process of evaluation by Tender Committee nor any malafide in awarding contract writ petition is not maintainable..............(50) Cases Referred to- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Hyundai Corporation Vs. Sumikin ......d their livelihood. The nature of work is such that it can be implemented effectively during the dry season. The main material required for the project is geo‑textile bags for the protection works. International Competitive Bidding (ICB) documents were prepared following the ADB guidelines by the ..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ent to Ice Factory of condemned‑prisoner Ershad Ali Sikder. Monir (PW 3) along with his companions deceased Khaled Syed Chainul Islam Chayan (PW 4), Mohammad Ali (PW 5) in a private car bearing No. Dhaka Metro Ga‑ 12‑9171 and motor cycle‑Suzuki 125 Khulna Metro‑Ha 11‑303 proceeded toward......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....Civil Order No. 1960 of 2000 summarily rejecting the appellants' revisional application against the judgment and decree dated 28‑7‑1999 passed by the learned Additional District Judge, 2nd Court, Dhaka in Title Appeal No. 121 of 1999 reversing the judgment and decree dated 8­2-1999 passed by th......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....m the date of receipt of the impugned order.  2. Respondent No. 1 as the writ‑petitioner filed the above writ petition impugning listing of holding No. 9/28, Block C, Mohammadpur, Dhaka in "Ka" list of the abandoned property published in the Bangladesh Gazette dated 3&...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139