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Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

.... have considered the submission made by the teamed lawyers appearing on behalf of the petitioner and respondents and perused the writ petition, affidavit-in-opposition including the Annexures and the relevant provision of law i.e. sections 7‑A and 10 of the IRO. Section 7A of the Industrial Relati......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......another ……...... Respondents Judgment February 24, 2003. Result: The Rule is made absolute. Lawyers Involved: Rafique‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhammad Sakhawat, Advocates ‑ For the Petitioner. Tufailur Rahman ‑ For Respondent No. 2......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....plea alone the impugned conviction and sentence of the appellant should not be set aside. 9. I have heard the learned Advocates of both the sides on the point of jurisdiction and have examined the relevant provisions of law and the records of the case including the judgment and the order‑sheet ......m led to hold that there having been no satisfactory explanation as to why the accused appellant remained in absconsion and avoided the trial and did not take the opportunity of producing the alleged papers or document in Court as evidence at the trial, this application at this belated stage under s......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..

Category: Criminal Law | Date: | Hits: 92

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......g aside the order of Thana Nirbahi Officer and the Returning Officer. 2. The case of the petitioner is that he along with respondent Nos. 8 to 15 and 3 others submitted their respective nomination papers on 1.9.92 which was the day fixed for filing the nomination paper before the Returning Office......rt Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Afzal Hossain…………………………Petitioner Vs. Chief Election Commis­sioner and others…………………………Respondents Judgment December 1, 1992. Result: T...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....iota of any corruption of criminality in making such a purchase, that the Government in its wisdom and discretion decided to purchase such modern planes and he being the Chief of the Air Force at the relevant time, did his part in good faith to the best of his professional ability in due discharge o...... A and B). It is further stated that the petitioner submitted clearance certificate from Bangladesh Air Force in Form 10094, duly signed by all concerned on 1st March, 2002 and had also submitted all papers relating to his benefit of pension, with the concerned authorities in the month of September,......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangla­desh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..

Category: Employment/Service Law | Date: | Hits: 148

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

.... in AIR 1974 (AP) 1, a full bench decision with reference to sub-rule 4(2) of Order XX of the Code of Civil Procedure. 10. Before entering into the aforesaid decision I feel it proper to quote the relevant provision of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, which runs ......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427....... Ed. This Case is also Reported in: 56 DLR (2004) 427.......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...

Category: Property Law | Date: | Hits: 98

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ...... policies. Unless the disputed claim is assessed by a competent Court having received the evidence for determining the loss and damage the respondent company is not liable to pay the amount. From the papers and materials submitted before the Court it does not seem to me that the claim made by the pe......Ahmed, Advocate ‑ For the Petitioner. Md. Ibrahim Mollah, Advocate ‑ For the Respondent. Company Matter No. 131 of 1999. Judgment Md. Awlad Ali J.- This application under sections 241 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. I......es, namely, Engineers Survey Associates Ltd. and Rupali Surveyors as joint surveyors to survey the loss. The respondents also asked the petitioner to Submit formal claim in prescribed form along with documents. The surveyors made a joint survey on 25‑10‑1998 in presence of petitioner's Director ..

Category: Company Law | Date: | Hits: 168

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....nquired into in order to make out whether the Waqf was real or not, and for the purpose of such inquiry, facts and circumstances showing for suggesting that it was never intended to be acted upon are relevant. The conduct of the settler himself at the time of the transaction, as also his subsequent ......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ...... Present: Mohammad Fazlul Karim J Mokbul Ahmed @ Kutub through his constituted Attorney Md. Shamsul Islam....................................................Appellant Vs. Shamsul Rashid and others................Opposite Parties Judgment July 24, 1996. Result: The appeal is......n and dismissed the same holding that the property is a Waqf property though he made certain redundant remarks directing the parties to take resort to the Civil Court regarding the genuineness of the documents filed by the parties. 3. On appeal before the learned District Judge the same was hear..

Category: Trust/Waqf Law | Date: | Hits: 165

Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)

....calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhet should not be quashed. 2. Facts relevant for the purpose of disposal of the Rule are that opposite party No.1 Hazi Md. Rahmat ullah ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhet should not be quashed. 2. Facts relevant for the purpose of disposal of the Rule are ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..

Category: Constitutional Law | Date: | Hits: 169

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....fore taking oath and before holding office such an application of quo‑warranto was not maintainable. 8. Mr. Asrarul Hossain submits that in the aforesaid reported case the Bengali version of the relevant provision of the Constitution was not brought to their Lordship’s notice by Dr. Kamal Hos......d Parliamentary Affairs are respondent Nos. 2 and 3 respectively. 3. It is stated in the Writ petition that on 16‑7‑1996 the Bangladesh Election Commission gave press release in the daily newspapers declaring the schedule of election to the office of President Bangladesh outlining the time o......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..

Category: Constitutional Law | Date: | Hits: 200

Ripon Howlader Vs. State, 2009, 38 CLC (AD)

.... would be that had he been examined he would not sup­port the prosecution case; that the High Court Division did not consider that wit­nessing the occurrence by P.W.4 who was inside his shop at the relevant time, is utmost doubtful as staying inside the shop it was impracticable for him to wit­ne......the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715....... Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 2008 passed by the High Court Division in Death Ref......the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...

Category: Criminal Law | Date: | Hits: 81

Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)

....aving been declared in plot No.1216 and in Title Suit.No.42 of 1979 notice dated 8th January, 1979 for eviction of the occupants of plot No.1210 having been declared illegal and in both the suits the relevant L.A. Case having not been challenged, this Court committed an error apparent on the face of...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......Reported in: VIII ADC (2011) 702. ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..

Category: Property Law | Date: | Hits: 57

Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)

.... price has been decided in the appeal on merit and the same cannot be reopened in an application for review. In view of the above, we are of the view that none of the grounds taken in the petition is relevant for review of the judgment of this Division. 6. A review of the judgment lies on any of ......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Saidur Rahman………………………………………………Petitioner Vs. Farid Uddin Mahmud and others………………………Respondents Judgment March 9, 2011. Result: The pe......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...

Category: Property Law | Date: | Hits: 81

Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)

....itioner, submits that the pre-emptee failed to prove that the disputed jama was separated after complying with all the formalities of law. He further submits that the petitioner could not produce the relevant record of Mutation Case No.77 of 1979-1980 lying with the concerned office of the Assistant......l appearing for the petitioners and Mrs. Mahmuda Begum, learned Advocate-on-Record for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. Mr. Abdul Wadud Bhuiyan, learned Senior Counsel appearing for the petitione......r Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mosammat Manikjan Bibi………………………………….Petitioner Vs. Md. Jalil alias Abdul Jajil and others…………….Respondents Judgment May 11, 2011. Result: The petition is di......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ..

Category: Property Law | Date: | Hits: 58

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....so delivered possession of that land to him, but the sale deed though was executed on 25.5.1974 could not be registered for want of necessary permission of the Government -which was necessary at that relevant time for transferring any land of any "Bihari" refugees, but after withdraw al of that rest......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Hoque…………………………………………Petitioner Vs. Md. Jabbar and another ………………………………….Respondent Order March 10, 2011. Resul......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..

Category: Property Law | Date: | Hits: 76

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shaki Md. Shoaib and others…………………………….Petitioners Vs. Md. Kashem Ali Bhuiyan and othersâ......cost of his treatment he offered to the plaintiffs to sell 33 decimals of land from suit plot No.373 at a consid­eration of TK. 4,25,000.00 and on receipt of a sum of TK. 2,00,000.00 handed over the documents of the said plot to the plain­tiffs for drawing up an agreement for sale. But the plainti..

Category: Property Law | Date: | Hits: 72

Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)

....may be enlarged on bail. 4. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On pe......erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ....... The State ………………………………………………………………Respondent Judgment April 6, 2011. Result: The appeal is allowed. Lawyers Involved: Narayan Chandra Mondal advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respo......larged on bail. 4. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On perusal of ..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the purpose of disposal of the Rule, are that the petitioner no.1 Bangladesh Legal Aid ......betterment fee, may be seen at reasonable hours. (2) the kartipakkha shall- (i) cause the said notice to be published weekly for three consecutive weeks in the Official Gazette and in local newspapers, with a statement of the period within which objections will be received, and (ii) send a......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ......artipakkha may pass a resolution to that effect and may then proceed to frame an improvement scheme. 45. Preparation, publication and transmission or notice as to improvement schemes and supply of documents to applicants.- (1) When for any area within the City or Municipality any improvement sche..

Category: Property Law | Date: | Hits: 135

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....hers Vs. Bejoy Chandra Nag and others, reported in AIR 1925, Calcutta at page 253 in a similar matter, where the grounds taken in review were not within the scope of Order 41 rule I of the CPC in the relevant portion of the judgment it was held thus: "The application, therefore, was similar to â€......latter applied to the Chief Court for substitution and he was ordered to be so substituted by the Chief Court. In the meantime defendant No.2 also died and hence substitution is ordered for both. The papers went back from the Chief Court to the District Judge Court when an application was made to th...... Vs. Agrani Bank……………………………Opposite Party. Judgment February 20, 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...

Category: Procedural Law | Date: | Hits: 111

Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)

..... Both the petitioner company and the opposite party No.1 moved the Magistrate for jimma of the vessel valued at Tk. 25‑26 lacs. The learned Magistrate, however, after taking into consideration the relevant facts and the arguments of the. parties by an order dated 8.12.87 gave the vessel in custod...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......dge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partnership and owns a steel hull cargo vessel M V Asrafuddin. By an agreement executed by Murad Hossain, a part...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..

Category: Civil Law | Date: | Hits: 97

Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)

....ass employee or freedom fighters will be eligible to make purchase of the abandoned houses. Thus the restriction imposed by the circular Annexure ‘F’ and thereby classification made thereunder is relevant to the object of circular as it intends to confer some benefit to the Government employees ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......t High Court Division (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Afia Khatun .............Petitioner Vs. Secretary, Ministry of Works and another ...........Respondents. Judgment February 4, 1992. Result: The Rule is disch......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..

Category: Property Law | Date: | Hits: 75