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Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
.... provision of Section 7(2) (f) of the Ordinance has no manner of application in this case. 6. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the respondent Nol, on the other hand, contended that the appellant admittedly withdrew a sum of TK. 20,000/- on 13-05-2002 for impl......ing the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper dis......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....authorizes an authority to make an order and it also authorises power to cancel the same. 8. Md. Nowab Ali, the learned Advocate-on-record appearing for the respondent No. 2 has, on he other hand argued that the Labour Court having considered the said memorandum dated 1-1-1981 that a ......r Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of Tk. 325-610 as per Government circular dated 1-1-1981. It was further stated that Single Master plying B-Type vessel in......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
.... with deadly weapons including pistol, hockey stick etc. obstructed them in their watt and that one of the unknown accused assaulted Ataur Rahman Toni on his head with the pistol lying in his hand and accused respondent Obaidul Huqe assaulted Ataur Rahman Toni indiscriminately with hok......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....formant and his two other brothers P.W.3 and 3 as usual wakeup from sleep and no sooner they had come in front of the house, the accused started beating them indiscriminately and blasted hand bombs to terrorize them when the accused Farook shot at him (deceased) with pipe gun which hit......her and accused Farook fired at him in an open place between Houses No.15 and 16 with a pipe gun and his brother fell down there and his intestines came out when the accused fled away crossing over the wall. 6. He further pointed out that the house Nos. 15 and 16 are on the eastern si......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....atement, we find that the conviction was solely based on retracted confession which was obtained as result of torture by police who paralyzed the accused- petitioner's power of right hand and therefore it was not voluntary and this aspect in very much in the evidence of RW. 17......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....s. Ed. ......en in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the original kabala was stolen from his house. 4. The tria......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....allowed without any order as to costs. Ed. ......ned Counsel for the appellant. It appears that the findings of the court of appeal below regarding the nature of dakhilas are based on proper examination and assessment of the dakhilas. Moreover, a riyat is not supposed to have printed dakhilas. The view of the trial court and the High Co......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate- on- Recor......sts. Ed. ......dent stating, inter alia, that the suit property is an abandoned one within the meaning of President Order No. 16 of 1972 and has been under the control, management and supervision of the defendants. The suit property is a commercial unit and the plaint..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....on No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by...... exchange and got a decree. The present plaintiff preferred an appeal but the plaintiff lost the appeal. The further case of the plaintiff is that in pursuance of that contract the plaintiff handed over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.....7, 7(a),7(b) and the trial court considered these papers and came to the conclusion that these are quite sufficient to prove the plaintiffs story of pattan. The lower Appellate Court on the other hand held that the Ext. 7 series do not bear the signature of anybody and no jama has been fixed in......itle Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of 196...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... dated 15.4.88 having informed the respondent No.3 about the above lay-off and retrenchment the respondent No.3 caused an enquiry through the Assistant Director of Labour, Regional Labour Office, Chandpur, and on the basis of the report submitted by the said Assistant Director of Labour and bein......-opposition denying the material facts and contending amongst other that the petitioner not being aggrieved by the judgment of the Labour Court has no locus standi to file the writ petition and moreover the other remedies like filing appeal were not exhausted. 6. The High Court......ndent No.1. 3. In the meantime, on or around August, 1989 the former sponsor-shareholders of the petitioner transferred their shares as well as other properties of the company to the present management of the petitioner and then, after two years of the said retrenchment of workers and clos..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... properties of the Corporation from the list of abandoned property. The High Court Division in the aforesaid writ petition, as seen from the judgment passed thereof instead of making direction for handing over possession of the property to the Corporation rather directed the Respondent No.l i.e.......lip;……………………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerc......as mortgagee since the mortgage as claimed by the appellant was an equitable mortgage. The property in question was treated as abandoned property and was taken over by the Ministry of Commerce for management. While the property was taken over as the abandoned property by the Ministry of Commerce..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
.... of Land wanted the file for taking decision to prefer appeal, which remained in the Ministry for ling time and was also misplaced. So the government has sufficient explanation of delay. On the other hand the learned advocate for the plaintiff-respondents argued that no such letter from the Ministry......sed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....n Officer, Sylhet for taking necessary action by an inquiry and that on 2-9-1996, the Magistrate received the report submitted by the District Anti-corruption Officer containing the opinion of the hand writing expert and thereafter complainant filed an application for issuance of process. The Ma......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ansigence of the appellant company which eventually compelled the respondent workers to file the said IRQ cases. Section 7, therefore, is not applicable in the present case, 13. On the other hand, section 34 of the Industrial Relations Ordinance, 1969 can be construed to have conferred a r...... below for proper appreciation of the contentions raised on behalf of both the parties. "5. Penalty. - (1) Where any company fails to comply with the provisions of section 3, the Government may, by order in writing, require it to comply with those provisions within such time as......pany in relation to which an order under sub-section (1) has been made, fails to comply therewith within the time specified therein, every director, manager or other officer responsible for the management of the affairs of the company shall, if the Government, by order, so directs, pay by wa..Category: Labour and Industrial Law | Date: | Hits: 95
....(2008) 24, 19 BLT (AD) (2011) 07.
......ta, at the time of executing power of attorÂney dated 9.7.1998, was a citizen of BanglaÂdesh by birth as he went to India with a stuÂdent visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh ......baitship would devolve upon his sons and heirs who are to act as joint shebaits to perÂform worship etc. jointly and if the numbers of the shebaits become numerous and if they can not agree to joint management they will conÂstitute a committee, not exceeding six in numbers representing the line of..
Category: Civil Law | Date: | Hits: 111
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Mondal, 17 DLR 231; Azimuddin Bhuiyan V. District Registrar, Dhaka 20 DLR 355; Abdur Rahman V. Baser Ali, 21 DLR 599; Abdur Rahman @ Abdul Rahman V. Maklis Ali, 31 DLR (AD) 118; Lebu Miah V. Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....ondent obtained the contract in the name of the firm M/s. M. Rahman and Associates. According to respondent, it was a partnership firm since 1978 but he severed his connection on 2.2.85. On the other hand, the appellant pointed out Ext. 6 the applicaÂtion of the respondent for obtaining the contrac......¦â€¦â€¦â€¦.....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Result: The appeal is allowed. The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance N......lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....ed the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior AdvoÂcate, instructed by Md. Aftab Hossain, Advocate-on-Recordâ€......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... cinema-hall, affected its goodwill and business-prospect by supplying bad food to its cusÂtomers and the plaintiff needed the tenanted premises for the benefit of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. ..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....f the Union PariÂshad are directly involved in financial transaction in the course of their official duties and running the affairs of the Union Parishad. The fact that these persons are financially handicapped by beÂing 'defaulters' will embarrass them in the disÂcharge of their duties." 16. ......€¦â€¦â€¦â€¦Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment ......se fails to comply with the terms of his agreement with the Bank, such deÂfault or failure not being due to natural calamiÂty, the Bank, may, subject to any rules made in this behalf, take over the management of the concern of the agriculturist and sell or realise any property pledged, mortgaged, ..Category: Election Law | Date: | Hits: 124
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