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Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......; (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Meghna Textile Mills Limited .........Petitioner.(in all the cases) Vs. Md. Barkatullah & others...........Respondents (in C. P. No. 898 of 2002) Md. Abdu......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......arbitration proceeding as sole arbitrator. In that view of the matter the Arbitrator appointed by the appellant as per provisions of the Arbitration Act, 1940, assume jurisdiction in the instant case as an sole Arbitrator and notified both the parties to appear before him and submit their case ......application under section 16 and 31 of the Arbitration Act for setting aside the award stating, inter alia, that in view of the overall resource constraints of the Government and the dispute over the land to be used for the constraints of the flyovers, the Executive Committee of the National Economi..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......as to seniority being term and condition of service and thus being matter for adjudication within the exclusive jurisdiction of the Administrative Tribunal and the writ petitioners having had filed case before the Administrative tribunal for determination of their seniority and that case being sti......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......he Government as an abandoned property; that the suit is , therefore, liable to be dismissed under the provisions of the President's Order No. 16 of 1972, and that the appellant may fight out the case in proper forum against the Government and not be institution of the present suit; that he furt......ate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a residential house at Mirpur, Dhaka) belonged to the appellant, who took the land by an indenture of lease, dated 14.11.1968 from the Government, and constructed a pucca residen..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......of 63 decimals of land khatian No. 93 in the aforesaid suit. He also got 22 decimals of land of khatian no. 133 on the basis of the decretal cost of the aforesaid Civil Suit and decree execution case the plaintiff got 63 decimals and 22 decimals in total 85 decimals of land but they abandoned t......resaid Title Suit No. 25 of 1989 impleading the appellants 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of K..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......79 of the Penal Code. It is further, contended that the High Court Division did not consider that there was enmity between the petitioner and the respondent arising out of previous civil and criminal cases. If was also argued that the respondent complainant is not the owner of the pond. 5.&nb...... are that the complainant-respondent, Abdur Rouf lodged a complaint on 20-6-2000 against the accused petitioner alleging, inter alia, that the respondent No. 1 reared fish in a pond on his land and because of the risk of level of water rising above the banks of the pond, he apprehend..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nt made a counter-claim of Tk.20,31,872/-against the plaintiff with 20% interest per annum till relisation. The learned Subordinate Judge dismissed both the suits and the counter claim. 3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986 in&......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......4, the plaintiffs were constrained to institute the suit. 4. Defendant Nos.1-4 contested the suit by filing a joint written statement denying the material allegations made in the plaint. Their case in short, is that plot No.408 was recorded in R.S. Khatian No. 334 in exclusive possession......iffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mia. The C.S. Khatian was prepared and finally..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......h jurisdiction. No order is an order passed under any Act if it was not passed in exercise of power granted by the Act and was, therefore, without jurisdiction. The decided decision apart from the case of Secretary of State vs. Mask reported in AIR 1945 (PC) 709 notable, amongst others, are......ose dated 31-5-1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No. 124 of 1987. 3. The suit was for a decree only for khas possession in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ...... S.M. Ali Imam and others.... Respondents Judgment March 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final deci......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......s declared dead and on the basis of aforesaid ejhar, Muradnagar P.S. Case No. 04 dated 08.03.2001 was started against the accused petitioner and others under sections 302/34 of the Penal Code and the case after being investigated charge sheet No. 19 dated 27.03.2001 was submitted against two accused......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... No. 3428 of 2001, 5469 of 2001 & 2093 of 1991, rejecting the death reference and allowing all the appeals including jail appeal and thereby acquitting the respondents. 2. Prosecution case, in brief, is that on the night following 29.03.1997 after 11.00 P.M. the accused persons being......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... underlying the general rule which deprecates piecemeal trial is to avoid a protracted litigation and unnecessary expenditure and in support of his submission has referred to the decision in the case of Fazlur Rahman Vs. Rajab Ali and others reported in 30 DLR (SC) 30 wherein it has been held:&...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ...... sides, perused the records and considered their submissions. It appears that the leaned Single Judge of the High Court Division found that the learned S. C. C. Judge considered the case of the parties and held that the defendant-petitioner admitted to be a tenant under Amritalal S......rming the judgment and decree dated 31-1-1991 passed by the learned Senior Assistant Judge and S.C.C. Judge, 1st Court, Chittagong Sadar in S.C.C. Suit No. 1 of 1989 decreeing the same. 2. The landlord, respondent No. 1 as plaintiff instituted the above S. C. C. Suit against the petitio..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......s by its order dated 15.4.2002 was pleased to allow the application of the respondent after invoking its jurisdiction under section 85(3) of the Act in view of the facts and circumstances of the case and condoned the delay in holding the AGM for the aforesaid years and enlarged the time for hol......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... for recovery of Tk. 17,11,503.08 (taka seventeen lacs eleven thousand five hundred three and paisa eight) as on 31.12.1996. The present petitioner, who was opposite party in the aforesaid Misc. case failed to file written objection. The aforesaid Miscellaneous Case was fixed on 13.11.1997 for ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ccordingly allowed on contest but without any order as to cost. The impugned judgment and order dated 12.12.1995 passed by the Administrative Tribunal in Case No.218 of 1991 is set aside and the said case is allowed. It is hereby declared that the order passed-by the Respondent No.2, the Secretary, ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... brother Fazlul Haque, who died later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of money the appellant and his brother would return the shop......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......a, that the property in suit has been acquired finally by the gazette notification and the compensation has already been paid to the recorded owners and the same was received by them. It was also the case of the Government that Government took over possession of the property so acquired. Lastly it w......y in suit was acquired in L.A. Case No. 159/61-62 and the acquisition was finally notified in the gazette on October 22, 1970. It was contended by the plaintiffs that although Government acquired the land but possession thereof was not taken over by the Government and the plaintiffs are in possessio..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......……….....Appellant (In Criminal Appeal No. 42 of 2003) Jaber Sheikh…………....Appellant (In Criminal Appeal No. 43 of 2003) Vs. The State…………….....Respondent (In both the cases) Result: The appeals are allowed in part. Lawyers Involved: Md. Nawab Ali, Advoc......ed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28.01.1996 at about 3.30 P.M. and so A..Category: Criminal Law | Date: | Hits: 97
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