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Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... Explanation.- For the purpose of calculation of wages under this section, wages shall mean the average of the basic wages and dearness allowance, if any, paid to the worker during the period of twelve months immediately preceding the date of discharge. 11. Evidently..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......salary' was uncalled for as there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respondent was not in any gainful employment during the period in question. Mr. Awlad Ali, learned Advocate, who entered Caveat for the plaintiff-responde..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......peal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. While in possession of the suit property as a ..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... into a contract on 17.12.63 for sale of the property in suit for Tk. 39,000/- with defendant No. 1 and on receipt Tk. 38,100/- She delivered possession of a portion of the property to him. It was stipulated in the bainapatra that Sarna Kumari would take clearance from Income Tax Authority ......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....learned counsel appearing for the writ petitioners-employee-respondents, submits that the non-fulfillment of the terms and conditions by the appellant under the "Golden Handshake Scheme" stipulated in the offer letters for voluntary retirement, the learned Judges of the High Court......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......prefer the appeal within 30 days of the passing of the decree upon making the deposit of 50% of the decretal amount in trial court who deposited the said amount on 23.5.96 long after the prescribed period and as such the learned Judges of the High Court Division rightly rejected the Memo of appe..Category: Civil Law | Date: | Hits: 87
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......provisions that limitation starts from the data of registration of the sale-deeds, exts. A4 and A3. The learned Single Judge of the High Court Division reversed this finding, and computing the period of limitation from the date of registration of the two kabalas, found that the pre-emption ..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....e varying from 4 years to nine years; in three cases, kabuliyats Exts.1(c) 1(g), 1(j), the first terms of four years were extended for further periods of five years. In all these kabuliyats it was stipulated that on the expiry of the terms of the kabuliyats the executants would be bound to hand ......amely, Khatians Nos.141 to 145 in which the names of some bargaders of Golam Rahman were recorded. Plaintiffs' case is that by eight barga-kabuliyats those bargaders cultivated the lands for fixed periods and then handed over possession to Golam Rahman, Abdul Gani Mir, predecessor-in-interest of..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......of the Waqf Ordinance. But serious difficulty is likely to arise because of the question of limitation as is discussed below. 6. For an application for revision under the Civil Procedure Code no period of limitation has been specifically prescribed, particularly when the Court may suo motu ..Category: Procedural Law | Date: | Hits: 112
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......R (AD) 131 in which this Appellate Division observed that in appropriate cases the Court got power to allow time to a petitioner to deposit the decretal amount or to furnish necessary bond beyond the period of limitation. 3. Mr. K. Z. Alam, learned Advocate for the appellant, has argued that p..Category: Tenancy Law | Date: | Hits: 159
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......such law or disregarding it, if it exists, the power to review cannot be exercised. In this opinion, therefore, this Court, can review its judgment if moved by any of the aggrieved parties within the period of limitation and in compliance with the procedure laid down in law. So far as the second bra..Category: Constitutional Law | Date: | Hits: 149
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......de his conviction under this section and acquit him of this charge; we however maintain his conviction under sections 147 and 448 of the Penal Code and sentence him to rigorous imprisonment for the period he already served. In the result the appeal is allowed in part only in respect of Ab..Category: Criminal Law | Date: | Hits: 57
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... the conditions and incidents as contained in Article 67 of the Constitution. 4. The respondent Nos. 3-5 have received the salary, emoluments, allowances and all other benefits for the period of their unauthorised absence. We declare that the salary, emoluments, allowances and other ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... the profit and loss account for the purpose of Income-tax return then no relief could be obtained on the unrealised interest before its realisation was barred by time which is the abnormally long period of 60 years. Appellant, therefore, requested the Department allow it to subunit returns rega..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......ine only where there is no provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) o..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......that behalf that he is also on the record, as an heir and legal representative. Even if there are other heirs and legal representatives and no application for impleading them is made within the period of limitation prescribed by the Limitation Act, the proceeding will not abate. On that grou..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......hellip;……….(20) The Amendment under Ordinance XXVII of 1961 having brought in giving retrospective effect and the deed of the Respondent being executed during such period of retrospective operation, the Judgment debtor had no saleable interest in the suit land to..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......t he purchased in their benami .25 acres of land of Plot No. 138 appertaining to C. S. Khatian No. 64 of Mouza Jadabpur from one Haragobinda Das. Subsequently by 22 different sale deeds during the period beginning from 15 November 1945 to 21 October 1959 defendant purchased several plots in..Category: Property Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......3. The deceased Sohel, accused Chan Miah and Bashir Miah of 53, East Hazi para under Badda Police Station of Dhaka Metropolitan Area were jointly running Thai Alumunium business for a considerable period. The deceased victim is distantly related with accused Chan Miah whereas accused Chan Miah a..Category: Criminal Law | Date: | Hits: 41
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