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Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....ship between the two parties is not a happy one. The management side is not satisfied with the petr. As appears they wanted to get him out on this or that ground, right or wrong, and on the other hand the petitioner also tries to vindicate his grievances. As found above the removal of the peti......s submission. The facts of that case are distinguishable from the facts of the present case in that there was a total absence of fact to draw any conclusion as to the under-ability of a worker. Moreover, it was the High Court Division which converted the order of dismissal into an order of termina......end to the strained relationship between the parties. What is the use thrusting a worker upon a dissatisfied management? As far as we can understand efforts, one after another, may be made by the management side to get rid of the petr. in their own interest. In that case the situation will go wo..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....s 1/2" X skin, l/3rd" skin 1/2" X skin on the knee. 5. One incised wound on the middle of the right forearm 3/4" X 3/4" skin and muscle. 6. One incised would 3/4" X skin and muscle on the right hand in between right index and thumb. 16. He opined that the death was due to shock and haemorrh......ody by the accused persons. The accused persons on the arrival of the witnesses fled away. It was also stated in the F.I.R. that there was a quarrel between deceased Kanchan and accused Mofi Howlader over boundary dispute of a hut in the Bangla Bazar and Kanchan was also suspected for ousting Shah......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....lowing the amount as prayed in the plaint including interests erroneously and that the plaintiff-bank is entitled to get a decree of the full amount as prayed for. 7. The respondents, on the other hand, submits that as the application for loan submitted by the defendants was under 3rd IDA credit ......ubordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with inter......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
....n the respondent No. 3 to hold an enquiry into the allegations and thereafter to proceed in accordance with law if it is found on such enquiry that allegations have some basis.
14. On the other hand, both the learned Attorney-General and Mr. Mahamudul Islam opposed this prayer. Mr. Baset Moju......
24 October, 2001.
Lawyers Involved:
Abdur Razzaque, Advocate— For the Petitioner.
M Mahamudul Islam, Advocate— For Respondent No.1.
A F Hassan Ariff Attorney General— For the Government.
GN Goswami, AB Majumder, Advocates—For Respondent No. 1(A).
Rafiqul Hoque, Advoca...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ved: T.H. Khan, Senior Counsel with Rafiqul Huq, Senior Counsel and Khondker Mahbub Uddin Ahmed, Senior Counsel and Moudud Ahmed, Senior Counsel and Mohammad Zamiruddin Sircar, Senior Counsel and Khandker Mahbub Hossain, Senior Counsel and Nazmul Huda, Senior Counsel and Zainul Abedin, Senior adv......011) HCD 189. ...... the land in question being Class A-1 land it was not transferable at all. 22. The land in question, admittedly, is military land within Cantonment belonging to the government. For the purpose of management, control, disposal etc of the military land different Rules have been framed under the Ca..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....tition No.73 of 2009) Judgment April 27, 2009. Cases Referred To- Sk. Shamsur Rahman @ Shamsu Vs. The State 10 BLR 251; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers In......5 on an application made by Rabiul Alam, the investigation officer, but the C.D. show that one Abul Bashar conducted investigation from 25.9.95 to 27.9.95 and he, on 27.9.95 at about 19 hours, handed over the case diary to the Detective Branch and Rabiul Alam, the subsequent investigation officer, r......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....mni Shipping Lines Ltd. The vessel duly arrived at Chittagong as per terms and conditions of the said agreement but the buyer did not give any notice to the seller as required under the agreement nor handed over the vessel to the buyer nor did it allow the said previously engaged agent to declare th......pping Lines Ltd. The vessel duly arrived at Chittagong as per terms and conditions of the said agreement but the buyer did not give any notice to the seller as required under the agreement nor handed over the vessel to the buyer nor did it allow the said previously engaged agent to declare the vesse......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....s being armed with lathi, knife and torch-light barricaded the road by trees on the road, stopped the truck and assaulted the informant and his helper and snatched away one Seiko-wrist watch from his hand, a sum of Taka 1,500 from his pocket and also snatched away two full-pants, torch-light, etc. I......l Islam alias Green Vs. State, reported in 1 BLC 524. 9. On the other hand, Mr. Abul Hossain Azadi, the learned Assistant Attorney-General appearing on behalf of the State, opposes the appeal controverting the submissions of the learned Advocate for the appellants submitting that the learned Addi......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....Division by invoking untenable Civil Revision petition under section 115 of the Code without availing the remedy available by way of appeal to the appropriate appellate forum or Court. In the case in hand, the valuation of the suit is Taka 95,000.00 and the suit has been laid in the Court of Senior ......n the said Taka 31,39,901.00, the highest offer made in third phase by plaintiff-petitioner. Defendant-opposite party No.8 deposited lease amount, required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 and defendant-oppo...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....nd 25 February, 1999 by the Bangladesh Nationalist Party and opposition alliance during which three persons were killed and 250 persons were injured including rickshaw puller Sukkur Dewan whose right hand was blown off by a bomb thrown by a picket in support of hartal although rickshaws were allowed...... High Court Division (Special Original Jurisdiction) Present: M Reza Chowdhury J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
...............Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B. M. Khalequzzaman and others.........Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- Satish Chandra Banik Vs. Dhaka Jute Mills Ltd., PLD 1968 Dacca, 610; Ghyasuddin Ahmed Vs. Faruaue, 38 DLR, (......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......ned judgment and order having disregarded the absolute nature of the said notifications, is an error of law. 23. He submitted that the issue of the Record Date is a matter relating to the internal management of a limited company in view of the Articles of the Company which place all issues relati..Category: Company Law | Date: | Hits: 191
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....ty tried to avoid the lease on the ground that the same was without consideration and no possession was delivered pursuant to the lease and, therefore, the lease was not even acted upon. On the other hand, petitioner has proved that lease was duly executed and registered, possession was delivered pu....... 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also prayed for per......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....nal allottee of the shop in question, an agreement was executed between the Corporation and said Momena Begum and all payments in respect of the suit shop was received from her and the possession was handed over to her. Thereafter an application dated 12‑5‑1998 was received by the corporation fr......ottee of the shop in question, an agreement was executed between the Corporation and said Momena Begum and all payments in respect of the suit shop was received from her and the possession was handed over to her. Thereafter an application dated 12‑5‑1998 was received by the corporation from the ......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....t of the informant at the place of occurrence and sent the same to the police station through Constable Azizul Haque. SI Abdul Arif filled up the column of the first information report. He proved the hand writing of Abdul Arif and his own signatures thereon. The first information report was marked a......) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acre......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....……………………Petitioner Vs. Chairman, Labour Court and others ………………………Respondents Judgment June 22, 1999. Lawyers involved: Khandker Mahbubuddin Ahmed with Md. Khalilur Rahman and Syeda Afsar Jahan, Advocates —For the Petit......ents by or under any law. 4. The learned Labour Court on consideration of the materials and evidence on record by the impugned judgment found that there is no controversy between the parties over the use of electrical energy and machineries for making the rooms centrally air-conditioned. Th......re not goods but the fact remains that by subjugation of air to an artificial process by using electrical energy the temperature inside the premises is maintained at a certain level as desired by the management of the petitioner company. It is this use of electric energy for subjugation of air to ar..Category: Labour and Industrial Law | Date: | Hits: 121
Mozam and others Vs. State, 2006, 35 CLC (HCD)
..... Ismail Hossain deposed that occurrence took place on 22-9-1994. He came to know about the occurrence on the following morning at 7-00 AM. He found that victim beside the pond in nude condition. Her hands and legs were tied. Her brother took her in the courtyard. Village doctor Lutfur Rahman (PW 3)......il Hossain (PW 2) found her in a nude condition beside the pond. She was taken to their courtyard by her brothers. Later on she was sent to Manirampur hospital. On the following day at 4-00 PM she recovered. She was in hospital for three days. After recovery she lodged the first information report. ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....the People's Republic of Bangladesh and others……………Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mi......ional Jurisdiction)
Present:
Quamrul Islam Siddiqui J
Abani Kumar Mistry and others………………………………………………………………………Petitioners
Vs.
Government of the People's Republic of Bangladesh and others……………Opposite Parties
Judgme......actual steps might not have been taken by the appropriate authority to take it over and so, the authority, whether the Custodian or Additional. Custodian or Assistant Custodian or Board, may, for the management and control and vesting or transfer, either under Rule 181 or 182 of the Defence of Pakis..
Category: Property Law | Date: | Hits: 27
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....h possession has been taken over by the Government and another list known as Kha list is to consist of abandoned properties of which possession has not been taken over by the Government but notice to hand over possession has been issued. Both lists are to be published in the official Gazette. In vie...... High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... Abdul Karim and others.........Petitioner Vs. Court of Settlement and others ......Respondents Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheik...... The facts of the case as stated in the petition are that the House No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yun......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......…………Petitioners Vs. Bangladesh and others…………………………....Respondents Judgment May 10, 2006. Cases Referred To- Zakir Hossain Munshi vs. Government of Bangladesh 2002 BLD 433 = 55 DLR 130; Bangladesh Telecom (Pvt) Ltd. vs. Bangladesh T &a......ll extend wireless and cellular mobile telephone services to the citizens of Bangladesh and also enable them to resell telephone services to other customers on a commercial basis, and to devise a management system which will enable subscribers to access to an effective telecommunication networ..Category: Fiscal/Taxation Law | Date: | Hits: 131
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