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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. ......tor also allowed claims No.10(i), ii(a), iii(a), iv, v, vi(a) and (b) for Taka 23,04,600 for loss and damages for payment on account of the staff and workers' salary for sitting idle. 37. He recorded that he examined the expenses which the contractor had to defray and pay due to default of ......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. ......ishment imposed was illegal or vitiated by procedural impropriety, rather the AAT had held that "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 decisio......an inquiry was held and therein he was found guilty. The authority on receiving the inquiry report served 2nd show cause notice on the respondent, to which he replied, proposing dismissal from service and finally, on February 24, 1992 respondent was dismissed from service. 4. As..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... part by a loan from the International Bank for Reconstruction and Development (IBRD) on a credit from the International Development Association (IDA) of the arrangements to be made for procuring the goods and works (including related services) required for the project. The loan agreement governs th...... 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. ...... petitioner. 2. The case of the appellant, in short, is that the appellant participated in a bid and was awarded work for the construction of 175 pontoons and 2 tugboats and ancillary works and services under the "Inland Pontoon Facilities" of BIWTA financed by IDA being credit No. 2232 Bangla..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. ......ively for the sum of Taka 5,03,400 with interest and the defendant (Nirmal Chandra Dutta) contested the suit filing written statement and that during pendency of the suit evidence of Md Nurul Huq was recorded in part but later the suit ended in sole decree and coming to know of the same the responde......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)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......oner was appointed as Special Public Prosecutor to conduct hearing of the Session Case No. 120 of 1993 alone and, m such, he did not acquire any legal right and further terms and conditions of the service as of Special Public Prosecutor is not governed or regulated by any law and statutory rule ..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. ...... Titas Gas Transmissions and Distribution Company Limited. It may be mentioned information which was lodged by SM Jillur Rahman on 9‑7‑1992 over the incident stated above a GD Entry was recorded since prior to that already an information was lodged with Tejgaon Police Station and a ca...... 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)
....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. ......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. ......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)
....e proceeded with, that prayers for supplementary investigations made by the Special PP were allowed, Delay in terminating the criminal proceeding resulting in accused being indefinitely harassed is a good ground to invoke our inherent powers ……True, section 5A (Act II of 1947) allows a police of......ge‑sheets between 12‑10‑1994 and 30‑4‑1995 against the accused‑respondents and others under sections 409/109 of the Penal Code and section 5(2) of Act II of 1947. 3. In due course the records were transmitted to the Court of Divisional Special Judge, Rajshahi Division, Rajshahi and t......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. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
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. ......Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing on the evidence already on record when a diffe......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
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......he trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receipt of the record by the trial Court, in default none of the parties would be allowed to file application seek......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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. ......tted by hand, the legal requirement has been fulfilled as provided under section 25(1)(a) of the Act. 6. We have considered the submissions made at the Bar and perused the materials on record. To appreciate the submissions let us examine section 25 of the Act which runs as follows:&n......fe of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex parte and thereafter dismissed him from service on 26‑2‑1992 effective from 27‑21992 and that he submitted grievance..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. ......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. ......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. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
"(a) Where (i) systematic activity (ii) organised by co-operation between employer and employee (the direct and substantial element is chimerical) (ii) for the production and/or distribution of goods and services calculated to satisfy human wants and wishes (not spiritual or religious but incl......
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.
......loyed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the Act. They are the employees of the Corporation and the terms and conditions of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance wit..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... 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. ......of the High Court Division upon considering the facts and circumstances of the case held as follows: "The learned Tribunal after due consideration of the evidence of the PWs and other materials on record convicted the convict‑petitioner for the offence committed under section 2(2) (Gha) and (Ch...... 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)
....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. ...... MLR 302 and submitted that presence of subsequent transferee is always necessary, particularly when the owners of the holding denied to have made any contract with the plaintiff. 8. Perused the record as placed, facts stated hereinbefore do not admit of any controversy. On 20‑11‑2002 the s......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)
....bility incurred was similarly a pecuniary one, that is, to pay money or money's worth. If the agreement was to pay money or money's worth or if the defendant became liable to pay the price of goods purchased by him or received by him under a mistake giving rise to what is known as a quasi co......ld have amounted to debt within the meaning of the section of the Act then also their case could have failed on this score. 35. In view of my aforesaid discussion and in view of the materials on record, I arrive at a finding that the claim of the petitioners do not qualify as "debt" w......x of the allegations as leveled in both applications against the respondent company is that the arrear salaries, allowances and other dues of the petitioners could not be paid by it on termination of service/retirement of service. The case of the petitioners is that they served the respondent compan..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. ......nvestigation of the case having found prima facie case submitted charge-sheet against the condemned prisoner and final report in favour of the other inmates of the house. 4. Eventually, the case record has been sent to the Senior Special Tribunal, Lakshimpur. The Senior Special Tribunal has tak......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)
....e been complied with and the Administrative Appellate Tribunal wrongly held otherwise. The learned Advocate‑on‑Record lastly, submitted that during the period of service of the respondent good amount was misappropriated out of the passbook and savings certificate and Administrative Tribu......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. ......lia, that he was appointed as Postal Clerk on 7‑9‑1971 and subsequently he was promoted to the rank of Asstt Post Master (Non Gazetted) on 13‑11‑1991. During the tenure of his service he was directly associated with the Trade Union Activities. He held the office of Secretary,..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....nam Elahi and Brothers was converted into a sole proprietory business and its properties including the property situated at 21, Motijheel Commercial Area and all its assets and liabilities as well as goodwill fell in the share of Abdul Majid, father of respondent No. 1 and said Abdul Majid possessed......nd the Government accepted respondent No. 1 as lessee of Holding No. 21, Motijheel Commercial Area, Dhaka in terms of the original deed of lease dated 6‑10‑65 by mutating his name in the official record; late Shamsur Rahman then filed Suit No. 70 of 1989 in the 3rd Court of Subordinate Judge, Dh......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
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