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....Khatian; namely, Khatian No.18, fresh assessment of correct tent dues against H.E. Percival was made and fresh notice under section 7 of the Public Demands Recovery Act was prepared. Since in the meantime it was reported that the Certificate Debtor had died, notice under section 43 upon the legal he......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
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Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....der section 561A of the Code of Criminal Procedure the case should be quashed. 6. On that application under section 561A of the Code of Criminal Procedure the petitioner obtained this Rule. At the time of issuance of the Rule further proceeding of the Special Case was stayed. At the time of heari......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....ich has not been complied with by the petitioners and accordingly can be said committed an offence as stated above under section 307 of the Bangladesh Labour Act. It is well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pres......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
.... Attorney-General surreptitiously appeared to the residence of Chief Justice who passed the order in absence of the lawyers of the petitioners in an unprecedented manner, although at the relevant time Judge-in-Chamber of the Appellate Division being duly constituted was hearing urgent stay matte......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....ks impugned judgment of the Labour Court mainly on three grounds namely (1) That agreement dated 21-11-84 (28-11-84) Annexure-D was meant for applicable to only 44 incumbents who were eligible at the time of the agreement and was not meant for and applicable to any future incumbents; (2) The agreeme......einafter referred to as BSFIC) and Bangladesh Sugar Mills Workers Federation, one of the conditions of that agreement was that Office Assistant, Accounts Assistants and the equivalent who were in the scale of Taka 400-25-525 EB-30-825 in the New National Scale of Pay (MNSP) of 1997 would be allowed ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....ty @ 10% on the ex-factory prices of the Super Enamelled Copper Wire and Hard Drawn Bare Copper Wire as approved by the Zonal Officers of the Customs and Excise was realised from the customers at the time of sale. That by a letter dated 20-7-1986 the relevant circle of Customs and Excise had informe......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390....... decision of the Board. In elaborating his submission, Mr. Majumder has argued that the petitioner having been appointed as a Section Officer (Protocol) on and from 13-7-1993 (vide Annexure-H) with a scale of Taka 2850-5155 with reservation of his seniority as Upper Division Assistant in the origina..Category: Employment/Service Law | Date: | Hits: 184
....8 of our Constitution.
Mr. Farooqui referring to section 4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or ....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
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Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Articles 27, 29 and 31 of the Constitution and, as such, needs to be struck down. The Additional Attorney-General appearing on behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplin...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....er, on 25.6.79 moved the High Court Division in Criminal Revision case No.316 of 1979 for quashing of the said case and the High Court Division also granted stay of all further proceeding. In the meantime on 8.6.79 one Md. Shahib Ali filed a petition before the Deputy Commissioner Bogra stating that......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....pplying for the Letters of Administration and filed Civil Suit No.8 of 145 but as he could not legally prove the execution of the will withdrew the same with liberty to file it afresh. During his lifetime or when the attesting witnesses were alive he did not file any suit and after his death one of ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....petitioner alleging that the respondents suffered damages and loss for the said amount on account of willful refusal of the petitioner to grant further loan by extending limit already sanctioned at a time when the respondents were in further need of financial assistance. The petitioner filed the app......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
.... of any plant or machinery used for the manufacture of cotton fabrics or cotton yarn, the production capacity of which was determined before the 30th June, 1970, any aggrieved person may, within such time as the Central Government may, by notification in the official Gazette, specify in this behalf,......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancellation of the registration of the respondent’s design before this Court. 8. At the time of the hearing, several fans were produced and placed before us for our visual examination. We ......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....No.154 and, in fact, the work of school building almost has been completed. He further asserted that the plaintiff petitioner never had any exclusive possession of the said "Kha" schedule land at the time of ruling of the suit and only to cause harassment and inconvenience the suit has been filed. T......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....s hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impugned order refused to reject the plaint holding that the plaintiff’s suit was within time. 6. Thereafter the defendant has preferred this revisional application and obtained the pres......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... out of such innocuous absence of a lawyer. 10. Now about his illness, the High Court Division devoted considerable space whether it was illness or whether he was un-well which had consumed lot of time of the Court and possible energy. The telegram sent by Moazzem Hossain to the Deputy Registrar ......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
....gned on 1-1-73, the said Abul Bashar being a signatory to the said Memorandum as one of the representatives of the Union, Respondent No.4. Respondent No.4, however, made an application in the meantime on 6-11-72 before the Labour Court of Chittagong against Appellant No.2 under Section 34 of the......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....tion and whether the plaintiffs are heirs of Ashrafjan. The contention is that the learned Single Judge in reversing the finding of the first appellate Court has misread the evidence. However, at the time of hearing Mr. Khandker Mahbubuddin Ahmed, conceded that he will not press the ground on limita......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....otes accused Sultan Hossain committed gross, irregularities and he was suspended from the service of the Bank by order of the Head Office dated 25-4-75 pending enquiry into the matter; (b) in the meantime he disbursed a sum of Tk. 2 lakh to the accused No.2 (by way of illegal temporary over-draft) "......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
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