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Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

.... (2011) HCD 36, 8LG (2011) HCD 1. ......blishments is entitled to be certified as the collective bargaining agent in relation to that establishment group of establishment (d) to supervise the election of trade unions executives and the holding of any secret ballot; (e) to act as conciliator in any industrial dispute; (f) to supe..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......is signature on the inquest report, marked as Exhibit-1 and his signature on the inquest report marked as Exhibit-1 (a). During cross examination, he stated that there were many people at the time of holding inquest and victim was aged about 15-16 years at that time. He does not know the cause of de..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......f the Code of Civil Procedure. Both the applications were heard together and after hearing the parties the trial Court rejected the application under Order 9 Rule 13 of the Code of Civil Procedure holding that the judgment of the trial Court and appellate Court below has been merged with the jud..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....iminal law. This Act also does not recognize 'Fatwa' as law. Section 2 of the Act is quoted below: Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal p...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ...... No.198 Nurul Islam as well as nephew of the informant who informed the incident to the informant at Kasba Krishi Bank and no one from the Tikoria Village where the deceased died was examined and withholding the said vital witnesses by the pro­secution without any satisfactory explanation as suc..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......ted question of facts are involved, those can not be resolved by affidavits and accordingly the writ petition is not maintainable. 4. The High Court Division, after hearing, made the Rule absolute holding that the notice dated 23.7.2001 was issued by the appellant No.1 without complying the provi..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....nch from Mr. KM Zakir Hossain of NW(B) 31 Road No.63 Gulshan, Dhaka-1212 as advance and first installment of payment against sale of my property at Shilmondi on Dhaka-Sylhet Road 20(Twenty) bighas of agricultural land being 30(thirty) decimals at Taka 4,50,000 (Taka four lakh fifty thousand) only pe...... stated that the Khatian No.14 recording raiyati interest of Naurraja was a collusive one and that Naurraja had no raiyati right in the Khatian No.14 and that he did not pay any rent for such raiyati holding, it was contended that it was averred in paragraph 2 of the plaint that the raiyati recorded..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......e to the hostile attitude of defendant Nos.5 and 6, who did not cooperate the demarcation was not made. 7. The learned judge framed 5 issues and on consideration of the same, dismissed the suit, holding that, plaintiff could not prove that Pachkori Das was in Bangladesh while executing and regi..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......reported in AIR 1973 SC 33 the word "officer" in Clause Ninth means some persons employed to exercise to some extent and in certain circumstances a delegated function of the government. The holding of office implies charge of a duty attached to the office. 10. According to Section 197..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......that summons were shown to have been served upon them but they did not receive the same and they had no knowledge about the suit. The trial Court by the order dated 27-11-2006 rejected the Misc. Case holding that (a) defendant petitioner failed to produce any paper relating to lease of the suit land..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......ent, Appeal Tribunal 5 ADC 478 and made submissions in different ways. The learned Assistant Attorney-General basing on that decision submits that the interpretation given by the Appellate Division holding section 42(4) of the Act not applicable in a given situation was absolutely correct and app..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......etitioners and the matter was purely domestic affairs of the University Authority. The learned Advocate further submitted that the High Court Division erred in law and facts and misdirected itself in holding that there has been discrimination in not confirming the service of the writ-petitioners whi..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....e of Jadav Chandra Vs. Abdul Khaleque, 27 DLR (AD) 114, is a case under section 24 of the Non-Agricultural Tenancy Act, where plaint was sought to be amended as; 'Since a co-sharer tenant of non Tagricultural land is entitled to apply for preemption under section 24 of the Non-Agricultural Tenan......tiff had delivered possession in favour of defendant and delivered documents to defendant, together with a Power of Attorney to execute and register any sale deed as such the Court acted illegally in holding that time was essence of the contract. 16. Mr. Fida M Kamal, learned Advocate, appearin..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... though that move was initiated was subsequent to the date of the submission of the charge sheet. The said application ended in fiasco, as this Division discharged the Rule on maintainability ground, holding that the application was premature. This Division did not, therefore, have an opportunity to..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ompted by the news paper’s critical stance against the imposition of emergency. 59. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister&rsqu..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......to because of the latter’s critical stance against the imposition of emergency. 68. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister&rsqu..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......submits that upon submission of the learned Special Public Prosecutor the learned Judge of the Tribunal below arbitrarily allowed the petition under Section 494 of the Code of Criminal Procedure holding that it might be a political case although no material was placed before the Court of that e..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......oth the Courts below held that the correctness of the disputed khatian cannot be considered in a pre-emption proceeding and accordingly, in my opinion, both the Courts below committed error in law in holding that correctness of the disputed khatian cannot be considered in the present proceeding and ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......es considered meritorious in the Hindu social and religious system. Under the Hindu law, the image of a deity of the Hindu Pantheon is a juristic entity, vested in the capacity of receiving gifts and holding property. Religious institutions known under different names are regarded as possessing the ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......as principal of Abdul Malek College wherein he has been serving in that capacity since 29.6.2006 till filing of the writ petition. 3. The High Court Division, after hearing, made the Rule absolute holding that as per the Circular No. শাঃ১১/বিবিধ-à§«/৯৪/(অংশ-৬)à§­à§..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159