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Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......e writ‑petitioners are entitled to absorption as permanent employees in similar way as the employees of batch Nos. 1‑27 were absorbed inasmuch as the Rule was not issued in such terms and in that view of the matter such a declaration is gratuitous inasmuch as the High Court Division has not gran..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......aint to that effect is filed by any person, but, in the instant case, no petition by anybody was filed before the Tribunal for initiation of the criminal proceeding against the informant and, in that view of the matter, the order of the learned Tribunal directing the Magistrate to file a case agains..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......ppeal upon reduction of the sentence to the extent of the period already served out. The submission so made in the background of the development that has taken place with the lapse of time, in our view, merits consideration. Accordingly, the appeal is dismissed upon reduction of the..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......ary or consequential direction as the Court thinks expedient in relation to the calling, holding and conducting of tile meeting. 6. In the facts and circumstances of the case in view of the entire episode so far between the present Chairman and respondent No. 3 resulting in ex..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......f the proceeding. In spite of filing the aforementioned application he did not appear before the court on 15‑7‑2001 and thus, absconded after obtaining bail. The High Court Division has taken the view that the trial Court has not recorded the reasons as required under section 339B(2) of the Code..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......h quantity of wheat in the 2 Master rolls shown to have been utilized and noticed that in the aforesaid 2 Master rolls utilization of 38 Metric tons was shown and in that context was of the view that there was no explanation about the remaining 8 Metric tons of wheat. 8. The High Cour..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......‘1‑2003, before the withdrawal of candidature. Thus, it is apparent that no final decision was taken in respect of the change of the polling stations when the suit was filed. Therefore, I am of the view that the plaintiff had/has no cause of action to file the suit and, as such, the provision of O..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......tions. He has acquired a vested right which cannot be taken away even by any law unless such an intention is manifested, by express terms. 15. He then argues that in view of the rider clause incorporated at the end of Regulation 1(3) of the BADC Service Regulations,..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......ossain supported this proposal. Because of their refusal the committee set up earlier was requested "to discuss the matter further with Mr. Monzurur Rahman and request him to accept the views of the majority of members of the Board." The committee submitted its report dated 4R..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......promise with the informant party on receipt of Taka 12,000 (Twelve thousand) they are not willing to disclose the truth but on scrutiny and scanning the evidence of these. PWs, we are led to hold the view that none but the appellants have committed the offence under section 6(3) of the said Ain and ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ent relating to payment of interest @ 20% per annum on the rent actually received by the Government from the date of unauthorised occupation, till the date of restoration of possession. We are of the view that the ground upon taking which the leave petition has been filed has substance. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......to the scale of Librarian under BSRS that might have accrued to her by lapse of time as she herself voluntarily acted as such denouncing any benefit attached to the post. In that view of the matter, this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......t stop anywhere on the way to facilitate the commission of the offence alleged against PW 6. There being no evidence nor any circumstance appearing in support of such wild suggestion, are we of the view that the plea raised by the defence has no leg to stand. The girl being in the custody of the ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......onduct on part of the majority shareholders has the power in the interest of the company to direct the majority respondent to buy the shares of the minority petitioners. The Company Bench took this view and gave direction after taking into consideration the actual position of the company and rel..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....er was entitled to a ‘succession certificate’ as of right under section 370 of the Succession Act, 1925, and the interpretation of the term 'debt' as given by the High Court Division is erroneous ……..”That the High Court Division failed to consider that the word 'd......gladesh Bank could come within the definition of debt if when claimed by its lawful owner. If Aloke Nath Dey was but only heir of Haladhar Chandra Dey could he claim the ornaments as the owner, in view of the admitted fact that some of the ornaments were mortgaged to the deceased father as secur..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......red the goods to the customs authority at the Zia International Airport on June 3, 2001 and the person, who has prayed for return of the goods. The direction so made by the High Court Division in our view is quite correct and that the said Division has committed no illegality in making the said dire..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......nsfer of Property Act. The finding of the trial Court though inconsistent but ultimate decision does not suffer from any illegality or infirmity. 9. Having considered all the aspects I am of the view that the trial Court committed no error of law calling for any interference by this Court. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....e argues that the second appeal before the High Court Division was not maintainable. 23. But the fact remains that in the instant case, all the courts below have taken an erroneous view, regarding the nature of a mutation proceeding before the revenue officer, holding it...... the immovable property. The decision of the Upazila Nirbahi Officer as to mutation can at least be considered as an executive order which is subject to final determination by a civil Court. (Similar view held in 6 BLD 7, 38 DLR 270 and 20 DLR 109). 13. On perusal of..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......vidence. The High Court Division heard the said application and by order dated 23‑10‑2001 rejected the said application. Thereafter the defendant No. 1 flied an application on 28‑2‑2001 for review of the said order dated 23-10‑2001. The High Court Division rejected the said application for..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147