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Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......ction and that High Court Division misdirected itself in not reading the plaint as a whole in order to see whether the plaintiffs had a cause of action for the suit. It was also submitted that the decision of the High Court Division in making the Rule absolute was wrong on principle and has also..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......t. The trial Court also found that the Miscellaneous Cases were not bad for defect of parties or barred by limitation. Finally the trial Court allowed Miscellaneous Cases upon placing reliance on the decision in the case reported in 27 DLR (AD) 114 wherein it has been observed that merely for wrong ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
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: ......ot when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without ..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. ......he held that the pile construction suffered due to the delay of the 2nd party on annexures 8 and 28 in supplying the layout. But none of the annexures support the learned Arbitrator to arrive at such decision. We have already found that the layout of the pile construction along with other papers was..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......hat "there has been no procedural defect in the departmental proceeding". The AAT has also not recorded any finding as to irrationality of the punishment awarded nor it has held that the decision of the appellant No. 1 is one which no sensible person who weighed the pros and cons could..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
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. ...... Committee was at the instance of some highups in the Ministry of Shipping acting unilaterally as admittedly BIWTA, the requiring body respondent, is not a party to the said exercise and some sort of decision on the basis of the report was sought to be imposed unilaterally upon the respondent accord..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... the trial Court after recording evidence dismissed the suit. The respondent went on appeal before the High Court Division and the High Court Division by the impugned judgment and decree reversed the decision and decreed the suit and hence is this appeal. 3. In support of the appe..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... and that being the accepted position, the person as in the instant case, whose skill or specialised knowledge the Government was utilising can hardly take exception to the letter communicating decision discontinuing utilisation of his service in future. The step so taken by the litigant, he..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 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. ......r is appointed by the Government under section 492 of the Code of Criminal Procedure as part of its duty to the administration of criminal justice, as such, it is the domain of a the State to make decision as to appointment of particular Advocate as Special Public Prosecutor to conduct hearing o..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......e, being influenced by the enemies of the accused petitioner, are after the petitioner. The petitioner has therefore, surrendered before this Court with prayer for anticipatory bail. He relied upon a decision of the High Court Division reported in 48 DLR 599. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....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. ......ion for vacating the order of stay was filed by the respondent No. 7 before the High Court Division. After hearing both the parties by the impugned order the Rule has been discharged following the decision reported in the case of Chairman, Civil Aviation Authority of Bangladesh vs Kazi Abdur Rou..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......charge‑sheets were submitted by the incompetent Police Officer, i.e. Assistant Inspector of District Anti‑Corruption Bureau. 8. The learned Additional Attorney‑General upon referring to the decision in the case of MD Shamsuddin alias Lambu and others vs. Slate and others reported in 40 DLR..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....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. ......of a party to the proceeding may make review on the grounds of an error apparent on the face of the record. 14. Thus a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of the record..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....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. ......dhury J.- This appeal by leave 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 th..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......003 and, as such, it cannot be said that the same was forwarded within 3 days from the date of passing of the resolution and that after receiving the resolution, if any, it was necessary for taking decision as to approval or disapproval of the resolution within three days but the same was not tak..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....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. ......tiff’s case of alleged contract between the plaintiff and the defendant No.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit. Addition of opposite party in the suit cannot be said to be not necessary..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......ain the instant applications under section 242 of the Companies Act for winding up of the respondent company as the company failed to pay their debt. In support of his contention he has relied on the decision reported in (1895) Chancery Division 267, (1969) Ch Div. 457 and also relied on Palmer&rsqu..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......d prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confined his submission on a technical law point, we are of the view that decision on this point will dispose of the death reference. 7. PW 1 Mohd. Ayub Ali Mollah state..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....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. ......iscipline and Appeal) Rules 1985. The respondent submitted reply to the charges and personally participated at the hearing of the proceeding case before the Enquiry Officer and the authority took the decision on the basis of enquiry report on serving second show cause notice in accordance with rules..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125