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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. ......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. ...... that he was initially appointed as an Electrician under the second party. He was, thereafter, promoted to the post of Electrical Supervisor. He had a good service career. He was elected Assistant General Secretary of the employees union. He was also elected General Secretary for consecutive thr......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. ..

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. ......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. ......urt Division on appeal has been confirmed. Case Referred to- Prativa Rani Dey Vs. Dr. Md. Yousuf 52 DLR (AD) 8. Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General (Khondaker Mahbubuddin Ahmed, Senior Advocate and Abdul Malek, Senior Advocate with him), in......ench of the High Court Division in the aforesaid Criminal Revision. 2. The facts, in brief, leading to the leave petition are that the respondent lodged a First Information Report with Keraniganj Police Station, Dhaka stating, inter alia, that on 16‑2‑2002 his younger brother Amir Shakil (27..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....53 ER, 465; Lawrence Vs. Tucker, (1938) 160 Ore 474: 85; Bush Vs. Smith, (1953) 6 PL 670; Thakur Singh Vs. Bhogeraj Singh, ILR 27 (Cal) 29; Badri Vs. Smt. Ram Rati, 1977 RD (BR) 224; Gouri Sanker Vs. Deputy Director, Consolidation, 1980 RD 250; Ganda Singh and others Vs. Ram Narain Singh, AIR 1959 (......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.         ......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.         ......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.         ..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

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. ...... 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. ...... 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. ......f Taka 3 lac and that as she expressed her inability to meet his such demand the accused husband continued with torture on her as before. 3. The Tribunal sent the petition of complaint to Khilgaon Police Station, wherein treating the same as first information report, Khilgaon PS Case No. 52 dated..

Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156

Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)

.... remedy against such action lies under section 50 of the Ordinance by the Administrator of Waqfs for a decision regarding title by adverse possession or per se such claim for opposing eviction by the Deputy Commissioner under section 64(1) and failing thereto is to obtain decision from the learned D......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. ......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. ......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. ..

Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....ion the Rule is discharged. Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ......ion the Rule is discharged. Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ......yers Involved: Khan Saifur Rahman with Md. Shakir Hossain, Advocates‑ For the Petitioners. Md. Abdul Basher Advocate‑ For Opposite Party No.2. Md. Afsar Hossain, Assistant Attorney-General‑ For Opposite Party No.1. Criminal Revision No.714 of 2001. Judgment Md. An......ion the Rule is discharged. Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ..

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)

....The auction purchaser M. A. Mazid also wrote a letter dated 8-7-1997 to the Chairman of the Chittagong Port Authority to know about the outstanding Port dues against the said vessel. Accordingly, the Deputy Conservator, Chittagong Port Authority informed him vide letter dated 16-07-1997 that the pur......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. ......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. ......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. ..

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.       ......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.       ......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.       ......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.       ..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....val at Rangpur from Jalpaiguri. The trial Court on consideration of the materials on record arrived at the conclusion that the withdrawal of this amount from the office of Deputy Commissioner by the plaintiff does not prove anything conclusively or that he is the real ow......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. ......, son of defendant No. 1, who corroborated his father in all material particulars on the above matters. 11. The trial Court found that the defendant No. 1 Nurul Huq attended the 43rd Annual General Meeting of the Indian Tea Planters Association held on 12th April, 1958 as Secretary of Ra......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. ..

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. ...... 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. ......Involved:  Mujibur Rahman, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Abdur Razzaque Khan, Additional Attorney ­General, instructed by Md Wahidullah, Advocate-­on‑Record‑For the Respondent. ......nd Swapna Begum dead, that informant and his companions noticed mark of injury on the body of Swapna Begum.  6. From the condemned prisoner's side information was lodged with the Narail Police Station about the unnatural death of Swapna Begum and thereupon UD Case No. 57 of 1999 dated..

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. ......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. ......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. ......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. ..

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. ...... 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. ...... 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. ......sions Judge, Munshiganj to the Court of Sessions Judge Dhaka.   2. The respondent No. 1 lodged an FIR on 15­8‑1996 with the officer‑in‑Charge of Gazaria Police Station stating, inter alia, that on the night following 14‑8‑1996 the accused ..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

.... Requisition of Property Act as back in 1978 under section 3 thereof but the process of acquisition of the land in question was not completed and, as such, the land was not acquired. Though the local Deputy Commissioner requisitioned the land for the purpose of acquisition but did not submit the cas......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and oth­ers, 2004, 33 CLC (AD)

....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

....rt  Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .................rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......other words, compensation is to be assessed both for the movable and immovable properties……..(5)  Lawyers Involved:  A J Mohammad Ali, Additional Attorney‑General, instructed by B. Hossain, Advocate on‑Record‑For the Appellant.  M......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......n‑Record‑ For the Appellants. Abdur Rob Choudhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑ For the Petitioners. AJ Mohammad Ali, Additional Attorney‑General instructed, by B Hossain, Advocate‑on‑Record‑ For Respondent No.1. Amir‑ul‑Isl......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ......‘8‑1996 at village Telikhali, Police Station Bandaria, District Pirojpur. 2. Following commission of crime law was set on roll on lodgment of First Information Report by Sheta Nath Mollik, Sub-Inspector of Police, Bandaria Police Station as informant. 3. Husband Md. Delwar Hossain Faraji......tleb Howlader Vs. State, 6 BLC (AD) 1; State Vs. Kalu Bepari, 43 DLR 249; Shamsuddin Vs. State, 45 DLR 587; State Vs. Md. Dulal Mia. Lawyers Involved: Md. Ibrahim Khalil, Assistant Attorney-General- For the State. Abul Bashar State Defence Lawyer- For the Convict. Death Reference......the altar of lewdness of her husband Md. Delwar Hossain Faraji. Callous and revolting crime had been committed in the house of husband Md. Delwar Hossain Faraji on 19‑8‑1996 at village Telikhali, Police Station Bandaria, District Pirojpur. 2. Following commission of crime law was set on rol..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. Lawyers Involved:   Fida M Kamal, Additional Attorney-General, (Md. Ataur Rahman Khan, Deputy, Attorney‑ General with him), instructed by Mvi Md. Wahididlah, Advocate‑on‑Record...... 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: ......elfare Trust vs. Province of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. Lawyers Involved:   Fida M Kamal, Additional Attorney-General, (Md. Ataur Rahman Khan, Deputy, Attorney‑ General with him), instructed by Mvi Md. W...... 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

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. ......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. ......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. ......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