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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. ......he powers and jurisdiction to go behind the order of termination to find out if the impugned order was made malafide as a measure of victimisation of an officer of a registered trade union and the decision of the labour Court was final under the provisions of 37(4) of the IRO, 1969. The decision..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......ct, is required to consider the facts and circumstances of the case, but in the instant case neither the trial Court nor the High Court Division considered this aspect and thus came to an erroneous decision. 4. He further submits that the learned Judge of the Tribunal failed to consider that..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
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. ......th compensation. That in view of section 27(i) of the Specific Relief Act the plaintiffs being strangers in the bainapatra the learned trial Court ought to have dismissed the suit. 6. Points for decisions in this appeal are: (1) Whether there was any verbal contract for payment of Taka 13,..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ...... exclusive, but it must also be shown to have been adverse for the full statutory period i‑e, it must be continuous for the full period (without any break or without interruption)." And as per decision given in the case of Badri Vs. Smt. Ram Rati, 1977 RD (BR) 224, it was held that the claima..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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. ......t of the dispute through Arbitration. Clause 12.2: Within ten days after receipt of the consultant's statement, the Kartripakkha shall decide the issue and furnish a written copy of the decision to the consultant, and specify if the Kartripakkha intends to remove the disagreement throu..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......ni Unnayan Kartipakhya (RAJUK) represented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 1..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
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. ......t could be instituted under section 64 of the Ordinance by the Administrator of Waqfs in that the remedy against such action lies under section 50 of the Ordinance by the Administrator of Waqfs for a decision regarding title by adverse possession or per se such claim for opposing eviction by the Dep..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......hese two eventualities is occurred the same cannot come within the mischief of section 138 of the Negotiable Instruments Act, 1881. In support of his contention, the learned Advocate has referred the decision of a case Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, reported in..
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 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. ......hy;tion of the document is unnecessary." 43. In the facts of the case and the evidence, oral and documentary, on record, learned District Judge missed the vital issues and consequently, his decision was seriously flawed both on fact as well as in law. The impugned judgment and decree there..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......form to the long established principle that in reversing the judgment of the trial Court the appellate Court must fully apply its judicial mind to each and every finding of the trial Court and the decision based and the reasons given therefore and those findings and reasoning are required to be ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
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. ......ered, that a review petition will lie. It is a remedy to be used only in exceptional circumstances". 16. Review is not available to a party when a case has been fully heard and a decision given on all available material. The party adversely affected by the decision cannot apply..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. ......dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 11 The matter in issue was not at all in controversy in the previous suit and that the same was not litigated upon or any decision arrived at by the Artha Rin Adalat and, as such, the issue that has been decided on evidenc..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
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. ......acquisition the writ‑petitioner is entitled to adequate compensation over the statutory rate for acquisition provided under the Emergency Requisition of Property Act, 1948 and has referred to a decision in the case of Bangladesh vs. Basaratullah reported in 42 DLR (AD) 91 the relevant passage ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......in error in holding that pre emptor ceased to be a co sharer in respect of the land of khatian No.450 and consequent thereupon in rejecting the prayer for pre-emption, that ratio decidendi of the decision reported in 35 DLR (AD) 230 being that by a legal partition co-sharer of a holding ceases t..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......he appeal as not maintainable. Mr. Rafique-ul-Huq, learned Senior Counsel for the petitioner, submits that it is now settled that an appeal lies against an order of ad interim injunction pending decision of an application for temporary injunction but, on wrong assumption, the learned Additional..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....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.
......he facts and circumstances of the case.
VI. For that the High Court Division while holding that the foreign award is not enforceable in Bangladesh misinterpreted the decision in the British Airways case reported in 49 DLR (AD) 187 inasmuch as in the said decisi..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
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: ......s the advertisement published by the Public Service Commission for recruitment to 650 posts, of Magistrates in BCS (Administration) of Rule 3(e) of the BCS Seniority Rules of 1983 and of a reported decision in 34 DLR 77 resulting in an error in the judgment and order under review. Ongoing through ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......y prosecution and on the basis of the circumstances reached conclusion that the husband Md. Delwar Hossain Faraji was the culprit who killed his wife Hasi Begum. We are in complete agreement with the decision rendered, reasons counted in rendering decision and conclusion reached by Learned Additiona..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....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.
......, the Bankruptcy Court rightly rejected the petition leaving the parties to prove their own averments made in the plaint and the written statements and in the petition under section 28 of the Act for decision in the suit on taking evidence……. (10, 11 & 13)
Lawyers Involved:
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Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....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. ......ree of the trial court at the same time setting aside the judgement and decree passed by the appellate court as because judgment of the appellate court is tainted with error of law resulting taking decision erroneously occasioning failure of justice. Lawyers Involved: ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
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