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Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....t different places as causal workers to work and as such these petitioners are not entitled to any relief. These cases were analogously heard with other I.R.O. cases by the 3rd Labour Court on the prayer of 12 petitioners and considering all the documents showing approval of the petitioners and ......1, 33 of 2001, 32 of 2001, 29 of 2001, 28 of 2001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......n an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated suit by which a petition bestowed by plaintiffs-petitioners for amendment of plaint under Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....or withdrawing the civil suit filed by the accused as a condition of bail. 6. The learned Deputy Attorney-General has opposed the Rule stating that the accused himself offered the condition in his prayer for bail. Therefore, the learned Tribunal committed no error in imposing the condition for ba......or Assistant Judge, Sundarganj, Gaibandha bearing Other Suit No. 145 of 2004 stating that he went to the victim's house on 8-6- 2003 and then the relatives of the victim confined him in the house and forcibly took signature in the book of Nikah Registrar for creating a Nikanama. The alleged marriage...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... power of atÂtorney holder which is marked exhibit No.1. He further deposed that the suit property was wrongly treated as abandoned property and the same was vested in the government, that on the prayer of the plaintiff, she again acÂquired the suit property from the government defendant No.2 ...... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....egal assistance under the ambit of Order XXI rule 98 read with Section 57 of the Act, effecting actual delivery of possession in its favour but the learned Judge erred in law in not allowing its such prayer for assistance to get such physical possession of the concerned properties.
6. Under such ...... provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appellant.
None-For the Respondent.
First Miscellaneous Appeal ......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
..... The trial Court further held that the plaintiff did not give her
Dhaka address to the college authority for contact and she remained on long
unauthorised leave and that there is no mention in the prayer of the plaint as
to whether the prayer was made under Section 39 or 42 of the Specific Relie...... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the orÂder of dismissal
from her service passed by the authority of Kanchipar......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....t land. 3. The plaintiff contested the said application by filing Written Objection. 4. The learned Additional District Judge, 3rd Court, Dhaka heard the said application and allowed the prayer by the impugned order dated 22.7.2003. 5. Being aggrieved by the said Judgment and orde......lam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are that the Op......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... the Tribunal that the opponent having failed to adduce evidence and to take action within the time has abandoned the opposition. After the order dated 14-8-1993 passed by the Registrar rejecting the prayer for extension of time the Registrar should have fixed a date for hearing of the case giving t...... November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without giving the parties concerned an opportunity of being heard. Cases Referred to-...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....admitted that the informant was his distantly related uncle. 17. P.W.10 Delwar Hossain and P.W.11 Badsha Miah deposed that on 23.1.1996 at noon the daroga seized blood stained earth, a lungi, a prayer mat, a jug, a hurricane and a quilt cover in their presence under a seizure list and obtaine......rder dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further r......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....ent August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Witho...... August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without sett......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
....was higher than that of the
petitioner by Tk. 2,57,45,850.00 and in that view of the matter the petitioner
being the lowest Tenderer was entitled to get the PurÂchase Order. The
petitioner made a prayer on 9.1.2005 to the Chief Engineer, respondent No.3 for
extension of time but his prayer was ......to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
InÂternational Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit PowÂered by 200-220 BHP
Ma......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....e Dinajpur Branch Canal over the land of the plaintiffs was malafide and that the said malafide act has caused irreparable loss to the plaintiffs. 4. The learned Subordinate Judge rejected the prayer for temporary injunction. Thereupon, the plaintiffs of the respective suits filed Miscellaneo......ri in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits. 3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....ation through which the objective may be achieved. Therefore we find no nexus in between the question of admission of appeal and/or filing of an application regarding condonation of delay and/or prayer for stay. 12. On the discussion and reasoning above we find that legislature under the P......za Hossain Haider J.-These two appeals preferred against the order of Customs Appellate Tribunal by the importers under the Provision of Section 196D of the Customs Act, 1969, have been placed before this Court for the purpose of admission. 2. Mr. Syed Ahmed appearing on behalf of the appe......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....Âdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alternative prayer was also made for speÂcific performance of a contract for sale in reÂspect thereof. 3. ......Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alt......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....he Rule which was obtained impugning the order dated 8‑11‑2001 (Order No. 43 dated 8‑11‑2001) of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 225 of 1998 allowing the prayer for amendment of the plaint. The High Court Division discharged the Rule on the finding since......cord‑For the Petitioners. M Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....hat I find the suit prima facie maintainable and the petitioner is entitled to get the relief in law and no procedural technicality should stand in it's way to get justice for the substance of the prayer has to be looked into rather than technicality. Incidentally it may be mentioned that it has......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....missions of the learned Advocate for the petitioner in Civil Revision No. 4785 of 2000. 10. Mr. Gobinda Chanda Tagore, in support of Civil Revision No. 1058 of 2001 has invited my attention to the prayer made in the plaint where the plaintiff prayed for monthly maintenance at the rate of Taka 200......ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
..... 69. In the letter dated 24‑3‑04, Annexure-A (1), the Commission wrote to the JTV that the demand note was issued on the basis of fixed rates and there was no scope for consideration of the prayer of the JTV Fine. The matter could have ended there. But how the Commission could write the le......ndent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the responden......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
.... visit the house of convict-appellant. It, also, came out from the version of P.W.2 that incident took place on Wednesday and on the following Friday convict-appellant visited their house and offered prayer with her husband (P.W.1). It again emerged from the evidence of P.W.2 that from conduct of co...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....th more by his judgment and order dated 26‑11‑1998 in the absence of the accused petitioner. 8. Thereafter, the accused petitioner preferred Criminal Appeal being No.312 of 2001 along with a prayer for condonation of delay of 1010 days under section 5 of the Limitation Act. 9. The lear......5. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exerc......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
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