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Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....or 2 years communicated by the letter dated 26‑2‑2004 evidenced by Annexure A to the writ petition while disposing of the application under Article 102 of the Constitution without issuance of any Rule. 2. It appears that an application under Article 102 of the Constitution of the People...... 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: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....Amin, J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant J...... J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ther, 1988 BLD 369; RAJUK Vs. MN Alam & others, 54 DLR 161 and Bangladesh Water Development Board Vs. Progati Prakushali 49 DLR 335. 20. Then, he submitted that as the award was already made Rule of the Court and a decree passed following die judgment, no appeal mould lie against such decre......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. ..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. ......of the offence. But in a disciplinary proceeding for negligence of duty or contravention of instructions, etc. no dishonest intention is required to be proved. The liability in such cases is of an absolute nature. Once it is found that an employee is negligent or has contravened any instruction,..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....us US$ 1,81,501 for realisation of the said amount. But the respondents have failed to take any steps for claiming the said amount from the World Bank. 3. The High Court Division discharged the Rule holding, inter alia, that the appellant has not entered into a contract with an International a...... 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. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ause such petitions do require verification according to law. In this connection he refers to the provision of Order XXIII rule 3 read with Order VI rule 15 of the Code of Civil Procedure and also to Rules 17 and 19 of Civil Rules and Orders (CRO) Volume 1 and section XVI of the Manual of Civil Suit......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. ..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)
....fessional reputation has been stigmatised without affording him an opportunity to repel alleged complaint which said to have been received against him and that without hearing him. The Rule was contested by filing affidavit‑in-opposition by the writ‑respondent Nos. 1......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No. 2982 discharging the Rule holding "the petitioner has no locus standi”. 2. Facts, in short, are ...... 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
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....y J.- The two petitioners seek leave to appeal against the order dated 11‑2‑2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3939 of 2003 discharging the Rule. 2. The facts leading to the leave petition are that the petitioner No.1 being th......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
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....vision seeking quashing of the proceedings of the Special Cases. 5. The High Court Division heard the revision cases and the criminal miscellaneous case together and by a common judgment made the Rules absolute and quashed and the proceedings of the special cases upon observing that first inform...... seeking quashing of the proceedings of the Special Cases. 5. The High Court Division heard the revision cases and the criminal miscellaneous case together and by a common judgment made the Rules absolute and quashed and the proceedings of the special cases upon observing that first information ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
.... submissions and the grounds taken in this review petition, maintained the conviction and sentence. 13. Review under Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court. The Court may of its own motion or on ......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)
....sp; Amirul Kabir Chowdhury 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 gra......bsp; Amirul Kabir Chowdhury 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 ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ng but the said proceeding having been taken in violation of section 13(3) of the Ordinance, the same got no legal value. It was also the contention of the petitioner that in any view of the matter Rules 11 and 12 of the Pourashava Commissioners and Chairman (Resignation, Removal and Vacati......pproval itself as given on 3‑9‑2003. The letter dated 3‑9‑2003 is a letter communicating the decision. Moreover, the period prescribed for giving approval, even if any, is absolutely a directory and not mandatory one and the petitioner has not been prejudiced by the app..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority......thers............Petitioners
Vs.
Md. Afzal Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corpo..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... appeal has been directed against the judgment and order dated 5th November, 2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1783 of 1997 discharging the Rule by affirming the judgment and order of, conviction and sentence dated 14‑6‑1995 passed by t...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and......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
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. ......es. 2(6) and 13(3)].‑ Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349. 21. Thus, the essential requisites of a debt are (1) an ascertained or readily calculable amount (2) an absolute unqualified and present liability in regard to that amount with the obligation to pay forth..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. ......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. ..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)
....gment February 23, 2004. The Administrative Tribunals Act, 1981 (VII of 1981), Section 4 The Government Servants (Discipline and Appeal) Rules, 1985, Rules 7 and 10 Natural Justice The authority......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)
.... Judgment Md. Tafazzal Islam J.- This appeal by leave is directed against the judgment and order dated 31‑81997 passed by the High Court Division in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the ......ment Md. Tafazzal Islam J.- This appeal by leave is directed against the judgment and order dated 31‑81997 passed by the High Court Division in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respo..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
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