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Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......short, are that predecessor of the Respondents filed aforementioned S.C.C. Suit seeking eviction of the petitioner from the suit premises on the ground of default in the payment of rent. It was the case of the plaintiff that the defendant, herein petitioner, was a tenant under him, that an agreeme..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
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. ...... plaintiff suffered loss of Taka 65,83,669.60 for cancellation of the work order, Hence, the application. 8. By filing a written statement, the defendants denied the claims of the plaintiff. The case of defendants, in short, was that the plaintiff was required to make the pre‑cast piles immed..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. ......r Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the fi..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ity of the writ submitting. inter alia, .that the appellant was seeking to enforce a commercial contract, alright pure and simple, entered into between the appellant and the respondent No.1 having no root whatsoever in any statutory provision. 18. The learned Counsel for the appellant however,......titioner as no assurance was ever given either by the BIWTA or by the Government inasmuch as the recommendation made by the committee was assistance by the respondents to the petitioner. 2. The case of the appellant, in short, is that the appellant participated in a bid and was awarded work fo..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. ......rt Division submitting, inter alia, that the learned Judges committed error in comparing the signatures of the respondent appearing in the solenama and that the evidence on record did not support the case of the plaintiff and, as such, the High Court Division ought not to have interfered with the ju..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. ......ointed along with another Advocate as the Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993. The respondent No. 1 while conducting hearing of the aforesaid Session case, the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing), by its letter dated ..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. ......y authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and such person is not competen..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......; Sheikh A. Awal Deputy Attorney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.2633 of 2004. Judgment Khademul Islam Chowdhury J.-This is an application for anti..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
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. ......r of stay was filed by the respondent No. 7 before the High Court Division. After hearing both the parties by the impugned order the Rule has been discharged following the decision reported in the case of Chairman, Civil Aviation Authority of Bangladesh vs Kazi Abdur Rouf and others observing th..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....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. ......8 (V of 1898), Section 561A The Anti‑Corruption Act, 1947 (II of 1947), Section 5(2) The circumstances connected with the delay in terminating the proceeding will have to be examined in each case to determine whether the delay constitutes abuse of the process of the Court or not. But one th..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. ......cer with a direction to add relevant section of the Druta Bichar Ain if there are ingredients of the aforesaid Ain in the allegations contained in the first information report. 2. Facts of the case, in brief, is that Mr. Syed Akram Hossain, Chief Executive Officer, District Council of Gopalga..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. ......ourt, Khulna in Sessions Case No. 8 of 2000 arising out of Khulna PS Case No. 23 dated 19‑5‑1999 corresponding to GR No. 632 of 1999. 2. Facts relevant for disposal of this case is, that on 18‑5‑1999 one Syeda Choliara Khanom, daughter of Syed A Jalil lodged ..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.......sion is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequz..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. ......tanding Orders) Act, 1965, in short, the Act, cannot be considered a grievance petition as such grievance petition was required to be sent by registered post but that being not done in the instant case there has been noncompliance with the provision of law in sending the grievance petition...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. ......on 10‑6‑2003 it cannot be said that the proceeding of 8‑6‑2003 was not sent within three days. Again we are of the view that the petitioner has not been prejudiced even in case of non‑compliance of Rule 11 and so we hold that the decision of giving approval of the..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
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. ...... (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and to meet the ends of justice conviction under section 4 of the Anti-Terrorism Act is upheld..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. ...... oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plaintiff and the defendant No.1 was genuine. If the contract w..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. ......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 company in different capacities and in du..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. ......eath by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. These matters are disposed of by this judgment. 2. The prosecution case has been narrated by Mohd. Ayub Ali Mollah which is as follows: The occurrence took place ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164