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.... the factory of the plaintiff. He was working since 1984. Body of bus, grill, etc were made there. There was electricity. There was electric meter. They work 24 hours. He used to paint with spray and hand.
27. Nirajan Mondal was examined as PW4. He stated that he got works done from the factory ...... per terms 4, 7 and 8 no industry was established, and commenced.
20. Then, said defendant No.4 issued the letter dated 12‑10‑1994 informing the plaintiff that his lease was cancelled and the Government would re‑enter into the land under terms 16(9) and 42 of the lease document.
21. Whet......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... 23 DLR (SC) 25; Bangladesh Vs. Abdul Khaleque, 29 DLR (SC) 110; Bangladesh Vs. Abdul Mannan and others, 29 DLR 17 and Abdul Gafur Khan and others Vs. Bangladesh, 36 DLR (AD) 163. 16. On the other hand Mr. AKM Nazrul Islam, learned Senior Advocate, submitted that determination of price of the lan......3) was though shown to have been served on 30‑10‑65 for acquisition but was not served on them. On 17‑1‑66 another notice under section 93A(4)(b) of said Act was served on them. In 1972, the Government took over possession of said land giving very negligible price of the land. Since the acqu......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....ion of those witnesses. 6. Mr. Shaikh A Awal, the learned Deputy Attorney‑General appearing with Mr. Saifuddin Md. Aminur Rahman, learned Assistant Attorney‑General for the State, on the other hand, submits as follows: (i) According to section 540 of the Code of Criminal Procedure the Cour......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....irming that of the learned Magistrate discharging the accused-opposite parties should be quashed. 8. Mr. Akram Hossain Amin, the learned Advocate for the accused‑opposite parties, on the other hand, submits that the learned Magistrate in exercise of his jurisdiction under section 241A of the ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
...... labour practice, rather it was respondent No.3 (Grameen Bank) who committed unfair labour practice; that the membership of the Union did not fall below 30%, rather it increased to 7562 which is well over 30%.that respondent No.2 before filing the application under section 10(2) of the IRO 1969 seek...... that being so, the order of cancellation on the basis of illegally accorded permission is also illegal. It was contended by the petitioner that they did not commit unfair labour practice, rather the management committed unfair labour practice; that the number of members of the petitioner’s union ..
Category: Labour and Industrial Law | Date: | Hits: 186
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....he school but the Head Master refused to accept the notice and thereafter an audit was made, and from the audited accounts it was found that there was misappropriation of fund as well as there was mishandling and forgery in the maintaining of the accounts and accordingly pursuant to a resolution of ......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, B......gulations, 1979 and that the impugned order has been passed by the respondent No.5 of the Writ Petition in collusion with the Head Master most mala fide to frustrate the lawful decision of the school management committee dismissing the Head Master on charge of misappropriation, inefficiency and mism..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....tly, the arbitration clause perishes along with the settlement. The claims in such suit are not based on the contract rather outside the terms of the contract and the arbitration clause. On the other hand, defendant has denied the settlement. Its case is that the above letters were obtained under th......uous and/or non‑existent after full and final settlement of the claims for compensation. Under settlement, the Corporation was now to pay US $ 278,276.67 to the plaintiff. The suit was filed for recovery of said outstanding amount only. In reply to objections, the corporation denied any sort of se......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....opolitan Sessions Judge, 2nd Court, Chittagong in Criminal Revision No. 78 of 2003 dismissing the same and affirming the order dated 8‑4‑2003 passed by the Metropolitan Magistrate, Chittagong in Chandgaon PS Case No. 1(3)/2003 corresponding to GR No. 128 of 2003 under sections 406/420/467/468/47......troduced with the accused petitioner by accused No. 2. He then on 17‑4‑2002 purchased a cabin and engine of 4 tons of Isuzu. Truck for Taka 3,95,000 from Auto Start Trading Centre which he handed over to Moktar Mistry's Garage of Bashkhali Motor Workshop, Chittagong. Thereafter, on 24‑4‑2002......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....petitioner. But Mr. Alam candidly concedes that the procedure in filing a case under section 138 of the Negotiable Instruments Act in the present case have been duly complied with. 4. On the other hand, Mr. MR Hasan, learned Counsel appearing for the opposite party No.1, Bank, by filing counter-a......agistrate could have acquitted the accused on any of those days but instead of doing so he adjourned the case upto 4‑11‑2001which was quite in keeping with the provision of section 247Cr.P.C. Moreover, on 25‑9‑2001he recorded the evidence of the complainant. It is necessary for the Magistrat......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....as telephone operator in Lokpur Fish Company. His whereabouts cannot be traced out. He heard from the newspapers published on 29‑9‑99 that Ershad Sikder killed a boy of Jhenaidah, by breaking his hands and legs and pressing on his chest and thereafter his body was thrown in the river after faste......killed a boy of Jhenaidah, by breaking his hands and legs and pressing on his chest and thereafter his body was thrown in the river after fastening with cement bag. Mizanur Rahman has made a GD Entry over the missing of Akimul. 4. On the basis of an first information report lodged by PW1 Md Lokma......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....ate represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Ismail...... 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused party. On 18‑3‑1994 squabble took place over a damage caused by accused person upon the land of Informant PW1 pulses field by cows. Accused ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......l Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment A......en raised to Taka 2850‑5155 and that the Inspector, Preventive Officer and Appraiser are of equal scale of pay and there is no bar to transfer them from one post to another for better and efficient management of the Department for collection of more revenue. That the impugned Act has been made on ..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ing physical infrastructure facility like the petitioner company, the refusal by the NBR to allow such exemption is without lawful authority. 6. The learned Deputy Attorney‑General, on the other hand, contends that since the said undertaking of the petitioner company was identified by the NBR a......igh Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment December 10, 2002. Cases ......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (AD) 242 = 4 MLR (AD) 291; Md. Ayub Vs. Md. Yakub, 19 DLR (SC) 38; Balehand Jain Vs. State of Medhya Pradesh, AIR 1977 (SC) 366; Gurbaksh Sing Sibbia Vs. State of Punjab, ......ry and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure fo......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......d Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgment......al lessee being a non-Bengali left the country in 1971, his whereabouts could not be known after the liberation of Bangladesh on 16.12.1971 and that the Government has been in physical possession and management of the case holding since 1972 and enlisted the same as abandoned property and allowed Sy..
Category: Property Law | Date: | Hits: 54
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
.... respondent and the Tribunal committed wrong in holding that the assessee is not hale to any taxation. 4. Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the respondent on the other hand submits that this respondent is wholly a charitable institution and it has been established onl...... was legally justified in its direction to treat income of BRAC Printers Limited and Arong exempt from tax in so far as these enterprises are engaged in earning profit and the circular issued by the Government under Memo No.ERD/NGO-11/Sc-86/586 dated 03-09-86 cannot override the provisions of Income......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....of the suits are practically the same and the same has occasioned failure of justice. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for plaintiff-opposite party No. 4, on the other hand, submits that the issues involved in the Partition No. 1819 of 1992 before the Subordinate Judg......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....pondent No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka by its office memo dated 19-9-93 addressed to the Managing Director, Arab Bangladesh Bank Ltd. the present petitioner, directed him to hand over the documents and papers of 9 account holders by way of seizure to respondent No. 2 in ord......nt No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka by its office memo dated 19-9-93 addressed to the Managing Director, Arab Bangladesh Bank Ltd. the present petitioner, directed him to hand over the documents and papers of 9 account holders by way of seizure to respondent No. 2 in order to......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ess at the aforesaid shop as a lessee under the Islamic Foundation. But the Islamic Foundation i.e. the appellant, took over possession of the said shop after the death of Ayesha Begum and refused to hand over the same in favour of the plaintiff Khairunnessa. Plaintiff Khairunnessa requested the app......of Baitul Mokarram under the management of Islamic Foundation i.e. the appellant, as an heir and successor of late Md. Ismail, her maternal uncle and also for a decree for permanent injunction and recovery of Khas possession of the said shop from the appellants alleging, inter alia, that her materna......Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title suit for a declaration that she was entitled to continue as a lessee of shop No. 49 in the ground floor of Baitul Mokarram under the management of Islamic Foundation i.e. the appellant, as an heir and successor of late Md. Ismail, he..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....low erred in law in allowing pre-emption without awarding improvement cost to the petitioners. 6. Mr. Mansur Habib, the learned Advocate appearing for the pre-emptor-opposite-parties, on the other hand, submits that the learned Court of appeal below was perfectly justified in reversing the judgme......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
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