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Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

.... Court and another..........................Respondents Judgment July 17, 1995. Result: The Rule is made absolute. Lawyers Involved: Shaikh Abul Hossain with Syeda Afsar Jahan, Advocates ‑ For the Petitioner. Bazlur Rahman Chhana, Advocate ‑ For the Respondent No.2. Writ ......arned Labour Court agreed with the findings of the domestic tribunal that the respondent No.2 was rightly found guilty of misconduct for absence from duty on 1‑7‑86 and also absent from duty from time to time previously. It further appears from the Judgment of the learned Labour Court that, in i......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Labour and Industrial Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

.... Muktar Hossain Majumder Vs. Abul Bashar Majumder and others, 38 DLR 41; Md. Shahajan Vs. Md. Sadeq and others, 38 DLR (AD) 275. Lawyers Involved: A. Baset Majumder with Ambia Bulbul Reza, Advocate ‑ For the Petitioner. NH Khandaker, Advocate ‑ For the Opposite Parties. Civil Revisio......nd the opposite party petitioner had the symbol of “চাকা”. The other contesting candidates had other symbols. In the Union Parishad there were 3 Wards having 7 polling centres. During the time of polling in two centres namely, Waruk High School Centre under Ward No.2 and Dopolla Janata H......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..

Category: Election Law | Date: | Hits: 273

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

.... 722; Sharp Vs. Wakafield, (1891) AC 173; Ajay Hasia Vs. Khalid Mujib, AIR 1981 (SC) 487; Dr. Nurul Islam, 1981 BLD (AD) 140. Lawyers Involved: Abdul Baset Majumdar with Abdul Wahab, Advocates ‑ For the Petitioner. Md. Delwar Hossain, Assistant Attorney General - For the Responde......e declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limited period and extended from time to time. 3. The impugned order Annexure F dated 5.8.90 passed by the District Magistrate,......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521.......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521...

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....i Unna­yan Kartipakha (RAJUK) & others……….…Respondents Judgment May 9, 1991. Result: The Rule is discharged. Lawyers Involved: Md. Nurul Huq with AKM Shahidul Huq, Advocates ‑For the Petitioner. Ziaur Rahman Khan, Advocate‑For the Respondent Nos.1‑2. HR Sha......s by the then Pakistan Army and after liberation the petitioner and other tenants re‑constructed their shop premises in the same places where they were originally running their business. In the meantime the Government developed the area by constructing a wide road foot‑path and road‑side garde......reof to be filled up, as the case may be, by using or causing to be used such force as may be deemed necessary; and the cost thus incurred shall be realised from its owner in the manner laid down for recovery of rim under section 386 of the Code of Criminal Procedure, 1898 (Act V of 1898). (2) If......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..

Category: Property Law | Date: | Hits: 92

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....r Vs. Khandaker Amanullah and others……………………….Opposite‑Parties Judgment August 25, 1992. Result: The Rule is discharged. Lawyers Involved: MA Sobhan, Advocate ‑ For the Petitioner. Salauddin Mahmud, Advocate ‑ For the Opposite Party. Civil Revis......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......pany, but the plaintiff appellant‑petitioner did not make the said company as defendant in the suit. The plaintiff appellant petitioner also did not pray for any relief against the said company for recovery of possession of the suit land though the said company is admittedly in possession of the s......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ..

Category: Procedural Law | Date: | Hits: 130

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

....d and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......, it was subsequently converted into north facing for the purpose of suit. From the deposition of P.Ws. 3, 5 and 7 the court found the existence of the pathway and its use by the plaintiff for a long time. P.Ws. 3‑5 and 7 appear to be independent witnesses and there was no reason as to why they sh......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..

Category: Civil Law | Date: | Hits: 147

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....m……………………….Opposite Party Judgment May 15, 1991. Result: The suit is disposed of with instructions. Lawyers Involved: Abdul Hamid Chowdhury, Advocate - For the Petitioner. ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite pa......op on that day. Petitioner started Electronics business under name and style M/s "(Arkay’s Electronics)". Petitioner followed the terms and conditions of the lease deed in letter and spirit. At the time of execution of the said lease deed dated, 1.5.81.plaintiff opposite party promised to register......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....urt High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Md. Asaduzzaman J Duree Shahwar Begum………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rul......Money Suit No.1 of 1992 allowing an application by the defendant under Order 37 rule 4 of the Code of Civil Procedure and also the subsequent orders dated 23.7.94 and 30.7.1994 passed by him allowing time to the defendant for filing written statement and fixing the date of hearing of the suit respec......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..

Category: Procedural Law | Date: | Hits: 125

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

.... at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ...... constructing a 3 storied home in Kha schedule land but the loanee defaulted in paying installment and its stands at Taka 15,23,342,86 and the defaulter loanee was bound to pay the entire amount at a time, hence, the Miscellaneous Case No.10 of 1999 was instituted. 3. In Civil Revision No.1372 of......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 198

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

.... Juddha Kallyan Trust and others……..Respondents. Judgment August 13, 1992. Result: The Rule is made absolute. Lawyers Involved: Md. Hannan with AKM Ali and M Khaled Ahmed, Advocates ‑ For the Petitioner. Akhtar lmam, Advocate ‑ For the Respondent Nos.1‑2. Writ Peti......ner’s service was terminated as a surplus person. As some reason has been assigned that reason must be justified whatever may be in the Rule. The authority cannot pick and choose as it likes at any time. It is the case of the petitioner that he is not junior most as alleged. The petitioner has fil......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ..

Category: Employment/Service Law | Date: | Hits: 207

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....d is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......7.1.78 are prior to the kabalas of the plaintiffs dated 25.4.78 and as such the common vendors of both the parties, pro forma defendant Nos.7 and 8 had no subsisting interest in the suit lands at the time of transferring the same to the plaintiffs by three kabalas Exts.1(i) to 1 (ka) on 25.4.78. He ......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..

Category: Property Law | Date: | Hits: 154

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

....ayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......quest report as well as to the seizure list. 5. Defence did not examine any witness. Defence did not deny the murder. The defence case is that the occurrence did not take place at the place and time and in the manner as alleged by the prosecution, that the accuseds are innocent and they have n......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...

Category: Criminal Law | Date: | Hits: 139

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

....ji Shapurji Waredwalla Vs. Jamshedji Nowroji, 1926 Bom. 250; Habib Bank Ltd. Vs. Ali Mohtaram Naqvi, PLD 1987 Kar. 102; Santosh Kumar Vs. Bhai Mool Singh, 1958 (SC) 321; Quazie Mohmudar Rahman Vs. Sarat Chandra Dutt, 5 CWN 259. Lawyers Involved: MI Farooqui with M Salemullah, Advocates ...... was dishonoured but non‑payment of the demand resulted in institution of the suit. 3. The opposite parties appeared on 23.11.88 in response to service of summons and filed an application for time to file written statement and the court by an order on that date allowed the application to fil......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....s Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, Advocate ‑ For.......11.62. He cleared all dues. The miscreants forcibly ousted the respondent in December 1971 and took possession of the building. The respondent submitted several petitions to various authorities from time to time to get possession of the house but to no effect although the petitions were duly receiv......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...

Category: Property Law | Date: | Hits: 158

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....ce pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......m that house cash money, gold orna­ments and household articles including a 3-band red colored Philips radio. The dacoits came in two taxies and they were armed with rifle, revolver, etc. and at the time of departure the dacoits made a blank fire of rifle. The further case of the prosecution is tha......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...

Category: Criminal Law | Date: | Hits: 142

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....angladah, 32 DLR 252; Fahim Ali Haque (Minor) and other Vs. Mohammed Abdul Aziz and other, 43 DLR 226; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41; Shah Alam (Md.) Vs. Farida Begum, 2 BLC (AD) 92; Amanatullah & others Vs. Ali Mohammed Bhuiyan and others, 2 BLC (AD) 134; Earfan Ali Vs. Joynal Abed......erred in 32 DLR 252 that Record of Right is evidence of present possession-Registered Kabala evidence of title. The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title as such. This is a well established......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..

Category: Property Law | Date: | Hits: 144

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....ks and others ..................Respondents. Judgment January 24, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Fazlul Karim with Azizul Huq, Advocates ‑For the Petitioner. SA Hasan, Assistant Attorney‑General ‑ For the Respondents. ......2.73 filed by the petitioner by another supplementary affidavit it has been stated that the petitioner has been given this house (temporarily on lease) at the rent of Tk. 154.0 per month only for the time being (আপাততঃ). The said letter is quoted below: বিষয়ঃ পরিত্......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403...

Category: Property Law | Date: | Hits: 160

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

....arhad……………Petitioner Vs. Dr. A Mannan……………..Opposite Party Judgment December 15, 1991. Result: The Rule is discharged. Case Referred to- Abdul Hamid Vs. State, 33 DLR 399. Lawyers Involved: Yusuf Hossain Humayun with Abdul Quaiyum Advocates ‑ For ......t bidder from the receiver and the bidder­-opposite party deposited Tk. 2,72,500.00 being 50% of the bid money on the date of auction and on the prayer of the bidder Magistrate allowed fifteen days' time to pay the balance money and the bid was accepted by the Magistrate on 6.9.88. Thereafter by no......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ..

Category: Others | Date: | Hits: 172

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....sdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule......oreign Exchange Regulation Act, 1974 for which Anti‑Corruption Department has already started investigation which felt the necessity of impounding the passport of the petitioner to secure his whole time presence in Bangladesh in connection with the said investigation and on the request of the Anti......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....s. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......an Bank, the plaintiff-­respondent instituted the aforesaid suit for realisation of unpaid loan money from the defendant to the tune of Tk. 2,98,92.50 including interest service charges, etc. At the time of taking loan, the defendant appellant i.e. proprietor M/s James Repairing of Natore Road, Raj......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..

Category: Civil Law | Date: | Hits: 169