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Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

.... disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 which was pending before the court of Subordinate Judge at time of moving this petition. However, the petitioner No.2 along with 3 others voluntarily surrender......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....y after about 24 years of his first written statement dated 19‑8‑1977 accompanied by an application (Annexure-D) for acceptance of the additional written statement wherein he denied for the first time the plaintiffs case which he did not deny in his earlier written statement (Annexure-A). The le......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...

Category: Property Law | Date: | Hits: 50

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....d broke furniture of the house and then took away golden chain cash money, etc by breaking open key of the almirah whereafter the local people caught hold of him with the incriminating weapons at the time of his retreat. The accused appellant kept the weapons with him and allegedly committed the off......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..

Category: Criminal Law | Date: | Hits: 78

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

.... declined. After such refusal the plaintiffs had definite cause of action to sue. 6. Secondly, he submitted that even if the suit was conceded to be premature on 6‑5‑92 but with the passage of time matured and the plaint could not be rejected upon such ground. In support, he cited Lebu Mia Vs......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....ti. After about 60 years of the alienation and death of Sumati in 1979, now they cannot challenge the alienation in the present suit as framed for partition simpliciter. 15. He submits that at the time of alienation on 14‑5‑42, defendant No.1 was minor and his father actually did everything o......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... against any decision or order relating to any duty demanded in respect of goods which have ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing­ his appeal or, if he so permitted by the appellate authority, at any later stage be......dinate legislation that is clearly stated in the Act by the expression, namely, "under the Act or the Rules made thereunder". 14. Lastly, he submitted that pursuant to the terms of the contract of appointment as a PSI agent, the petitioner companies each had already furnished a performance guaran..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

....end the application of this protection to employees of a statutory corporation on the ground of natural justice. This protection can only be extended by statutory Rules and it is apparent that at the time of dismissal of the plaintiff from the service in 1979 no statutory Rules afforded this protect...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

....arb of termination simpliciter by way of victimisation for his trade union activities. In this case, it is admitted that the respondent No. 2 was a worker under the petitioner-company at the relevant time and there was also a Central Bargaining Agent (CBA) for the workers of the petitioner-company. ......inted initially as an Apprentice Trainee in the establishment of the petitioner on 17-­6‑1995 and was subsequently confirmed as Operator with effect from 17‑12‑1995. Respondent No. 2 since his appointment had been discharging his duty with honesty and sincerity, but he was dismissed from serv..

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....007, under section 409/109 of the Penal Code, 1860 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rule 15 of the Emergency powers Rule, 2007, against 13 (thirteen) persons. This time impleading the petitioner as the accused No. 13 with the allegation committing offence under se......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....No.3 contested the suit by filing written statement denying all the material allegations of the plaint contending, inter alia, that the defendant No.3 did not go to the plaintiff-Bank at any point of time, neither he mortgaged his property nor he became guarantor for anybody whatsoever; that some of......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

.... month of July, 2005 was tendered the opposite parties refused to accept on 7.8.2005 and then again he requested the opposite parties to accept the rent for the month of July, 2005 on 27.8.2005, this time also they refused to accept. Then the petitioner sent the rent for the month of July, 2005 to t......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...

Category: Property Law | Date: | Hits: 105

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

.... 1. The due repayment of principal, and payment of interest to the Fund on the Loan, and of all other charges or any other payment which may become due to the Fund under this Agreement shall at all times be adequately and unconditionally guaranteed by the LP. A format of the Corporate Guarantee Ag......te - For the Petitioner. Kazi Rehan Nabi, Advocate - For the Opposite Party. Arbitration Application No. 10 of 2010. (An Application under Section 12(4)(Gha) of the Arbitration Act, 2001 for appointment of an arbitrator.) Judgment Syed Refaat Ahmed J. - This is an Application under Se..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....d of no legal effect and why the respondents should not be directed to regu­larize the service of the petitioners in Biman pur­suant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benefits and/or s......Catering Centre (BFCC) should not be governed by the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 and absorbed as such in the service of Biman from the dates of their respective appointments entitling them to retirement and others benefits in line with those of the permanent Bi..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....as fields to be marginal and non-producing Gas Fields. With evil design and scheme, discovered and virgin gas field has been shown as marginal and abandoned gas field in the said proposal. In the meantime one Kashem Sharif, a close relative of the Secretary, Ministry of Energy and Mineral Resources,......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....qf Estate. Thus the Administrator was required to determine the compe­tency amongst the two claimants in terms of the Waqfnama, to fill up the vacancy caused by the death of Moyna Miah. In the mean­time Dudu Miah, a brother of Mohammad Anwar Hossain sent a petition to the Administrator supporting ......ment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whether the appointment of the appellant as the Mutwalli of Waqf estate by the Administrator of Waqfs is in conf..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....t. The present Rule and the order of ad interim in­junction passed by this Court on 23.11.88 arise out of the said order. 4. In this application the petitioner stated that before expiry of the time allowed to the Registrar of the Trade Union under section 8 of the Industrial Re­lations Ordin......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262...

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....took the view that the decision of the Labour Court, Rajshahi was final and it is beyond the scope of the High Court to look into the legality of the said decision of the Labour Court but at the same time the High Court Division exonerated the Managing Di­rector from the proceedings and quashed it.......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....amely the Sessions Judge's Court, Dhaka and on that complaint cognizance was taken by the said Drug Court. 9. It is not disputed by the prosecution wit­nesses in Court that the prosecution at the time of making the complaint or at the time of taking cogni­zance taken by the Drug Court had not b......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..

Category: Criminal Law | Date: | Hits: 83

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....f land out of C.S. plot No.1566 comprising a total area of 2.30 acres. One Chandra Mondal was the original owner of the suit plot who sold it to Rahim Box Bepari and Rahim Box pos­sessed it for some time and after his death his heirs by registered kabala dated 24.4.67 sold .13 decimals of land out ......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....its habitats. To compensate, the project is implementing a Community Wet-land Conservation Programme in 3 Beel areas, namely, Jugini, Bara and Garindha Beels. It is stated, further, that since a long time, a good many Water Development Projects have been implemented in the country and no where there......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..

Category: Environmental Law | Date: | Hits: 1051