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Serial No. Issue Year Name of the Parties/Case No and Citation Key Word(s) Short Ratio
1. 2 2015 CIVIL PETITION FOR LEAVE TO APPEAL NOS.718-720 of 2013

Citation:
2 SCOB [2015] AD 1
Fraud practiced upon Court Company Court
Since the judgments were obtained by practicing fraud upon the court, we have no alternative but to set aside the said judgments of the Company Court and the persons concerned should be put to justice. We direct the Registrar to file complaints before the Chief Metropolitan Magistrate, Dhaka against the respondent(s)... for using forged documents for securing judgments from the Company Court.
2. 2 2015 CIVIL PETITION FOR LEAVE TO APPEAL NOS.1428 AND 1429 OF 2014

Citation:
2 SCOB [2015] AD 5
RPO
Election Petition
Candidate
Locus Standi
Defaulter
Member of Parliament
The High Court Division failed to comprehend the proper meaning of `candidate` given in section 2(ii) of the RPO vis--vis article 49(1) thereof in observing that `the petitioner being a candidate of the 10th National Parliamentary Election did not act rather he was an intending candidate and wanted to become a candidate.` And we hold that the petitioner being a proposed `candidate` for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and those were maintainable in law.
3. 2 2015 CIVIL APPEAL NO.29 of 2006

Citation:
2 SCOB [2015] AD 8
Concurrent findings
New plea
Travellers cheques
Defence plea
Before this Appellate Division the defendant-appellant did not raise any question as to the correctness of the above concurrent findings of the courts of facts, rather it has raised a new plea to the effect that the plaintiffs could not prove that the defendant bank sold the said 152 travellers` cheques. But we are unable to accept this new defence plea at this stage specially in view of the pleadings of the contesting parties and the evidence adduced by them.
4. 2 2015 CIVIL PETITION FOR LEAVE TO APPEAL NOs.342 and 327 of 2011

Citation:
2 SCOB [2015] AD 12
National Anthem
Commercial Use
Mobile Phone Operators
National Anthem Rules,1978
Donation
There is no gainsaying the fact that each of the leave-petitioners has been charging revenue for playing the national anthem on the mobile phones. On consideration of the Rules, in general, we find that there is no scope for commercial use of the national anthem. Such commercial use of national anthem shows utter disrespect to the national anthem.
5. 2 2015 CIVIL APPEAL NO. 268 OF 2009

Citation:
2 SCOB [2015] AD 15
Arbitral award
Arbitration proceedings
Arbitration Act
Public policy
Breach of contract
Compensation
The arbitral award is generally not open to review by Courts for any error in finding on facts and applying law for the simple reason that it would defeat the very purpose of the arbitration proceedings.
6. 2 2015 CIVIL APPEAL NOS.45-48 OF 2012.

Citation:
2 SCOB [2015] AD 24
Voluntary retirement scheme
Termination
Policy decision
Economic decisions
Public interest
Voluntary retirement scheme is a method used to reduce surplus staffs. Participation in the voluntary retirement plan is voluntary. It has to result in an overall reduction in the existing strength of employees. Accordingly, we are not inclined to accept the observation of the High Court Division that the respondents had been terminated in the grab of voluntary retirement. Moreover, the respondents have filed writ petitioners after about 8 years of the acceptance of their prayers and after receiving retirement benefits.
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