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Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......ule was obtained by the petitioner on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned orders vide Annexure-D and D‑1 dated 15‑7‑2003 and 6‑9‑2003 respectively refusing to accor..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......pondents. Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed against the judgment and order dated July 2, 1998 of a Division Bench of the High Court Division in Criminal Revision No. 345..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......retirement was imposed upon the petitioner without following the provisions of the Service Regulations, specially regulations 43 and 44, and also in violation of the principle of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......ment of Labour (Standing Order) Act, 1965 (VIII of 1965), Sections 19 & 25 Section 25 of the Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......tion is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the s..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......nce of the contract causes hardship on the defendant, which he did not foresee, whereas its non‑performance would involve no hardship to the plaintiff if the Specific Performance of Contract is not ordered. Further time is the essence of contract. The time was three months from the date of receivi..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......urgaon in Title (Other) Appeal No.19 of 1992 the defendant-respondent has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule together with an order of stay of all further proceedings of the Title Execution Case No.5 of 1993 pending in the Cou..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......which the award may be set aside. The grounds are namely, (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made after the issue of an order by the Court superseding the arbitration or after the arbitration proceedings have become inva..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......eeding. 7. We have gone through the police report submitted under section 175 of the Code of Criminal Procedure, the statements of the witnesses recorded under section 161 of the same Code and the order of taking cognisance of the offence against the accused persons and considered the above submi..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......instructed by Md. Waliul Islam, Advocate‑on‑Record‑For the Petitioner. Not represented‑the Respondents. Civil Petition for leave to Appeal No. 1372 of 2002 (From the Judgment and order dated February 6,2002 passed by the High Court Division in writ Petition No. 3602 of 1999) ..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......dvocate, instructed by Serajur Rahman, Advocate‑on‑Record- For Respondent Nos. 1‑4. Dispensed with‑ Respondent Nos. 5‑ 7. Civil Appeal No. 38 of 2000. (From the judgment and order dated 25th April 1994 passed by the High Court Division in Appeal from Original Decree No. 266..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......bsp; Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High Court Division in Writ Petition No. 5806 of 1997).&n..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......rected her to make an application for possession. 8. Accordingly, the plaintiff made an application for recovery of possession which was registered as Title Execution Case No.01 of 2003. By order dated 21‑1‑2003 a Writ of delivery of possession was issued and same date the process serv..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......lationship of the parties from long before the transaction, the documents produced by the defendant No. 1, namely, the passport of his wife Exhibit Y(9), the certified copy of income tax assessment order Exhibit EE and other connected papers to arrive at a conclusion that the defendant No. 1 was ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......dditional Attorney General, instructed by Md Wahidullah, Advocate-on‑Record‑For the Respondent. Criminal Review Petition No. 9 of 2004. (From the judgment and order dated April 10, 2004 passed by the Appellate Division in Criminal Petition for Leave to Appeal..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 738 of 2004. (From the judgment and order dated 12th April 2004 passed by the High Court Division in First Appeal No. 96 of 2002). Ju..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......d‑For‑ the Respondent No. 2. Not Represented ‑ Respondent No. 3‑5. Criminal Appeal No. 68 of 2003. (From the judgment and order dated 26‑8‑2003 passed by the High Court Division in Criminal Revision No. 657 of..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ...........Respondent Judgment June 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees………&..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3