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Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......lve on 15.12.83. It is admitted that the respondent No.2 kept in his possession one piece of valve which was delivered to Mr. Atiqur Rahman on 21.12.83 that is, on the date of survey at 2‑30 PM The question, therefore, was whether by keeping one piece of solenoid valve in his possession from 15.12......e why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule Nisi is that the respondent No.2 Ananda Chandra Das was a ..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......o the rest. He has relied on some decisions in this regard reported in 35 DLR (AD) 279, 1983 BCR (AD) 170 and 42 DLR (AD) 52. The principles as laid down in the above decisions are not disputed. Now, question is how far these are applicable in the facts and circumstances of this case. In the instant...... the same case are heard together and disposed of by the following judgment. 2. The appellants along with 3 others are accused in the above case under section 2, 25B of the Special Powers Act. The facts of the case alleged in the First Information Report are that on 26.1.1987 at night die informa..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......ious objection is taken by the learned Advocate Mr. Serajul Huq stating that the supplementary charge sheet on a supplementary FIR of this nature is not competent. Mr. Serajul Huq submitted that this question of the complicity of the accused ASM Abdur Rob was also there at the beginning yet he was n......l the case ended in acquittal, Supplementary charge sheet is not barred in law and according to the learned Deputy Attorney‑General the matter was further investigated as the police did not get all facts earlier, and it caused no error or illegality and after finding a prima facie case as alleged ..Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......ordingly, it was found that the plaintiff s kabala stands valid only to the extent of 1/4th share and no titled passed to the plaintiff to the extent of remaining 3/4th share of the purchased land in question. So the plaintiff is entitled to get back Tk. 7,500.00 (Taka seven thousand and five hundre...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......t be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or transferring the property in question in any manner. 3. Facts giving rise to this rule may briefly be stated thus: Petition......re the Court of Settlement the Respondent No.2 did not file any written statement in controverting or denying the assertion made by the petitioner. But the Court of Settlement without considering the facts and circumstances of die case and without applying judicial mind passed an order dismissing th..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......ng. It is further stated that petitioner preferred an appeal to the Ministry of Education which constituted a Committee of 3 responsible officers who came to the conclusion that Pesh Imam is a man of questionable character and the Committee submitted a report with a finding holding him responsible f......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......eral & Syed Mokaddas Ali, Assistant Attorney‑General - For the Respondents. Writ Petition Nos. 2937, 2944, 2945 and 3002 of 1991. Judgment Md. Abdul Jalil J.- All these Rules call in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisa......l in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal) Ordinance, 1991 (Ordinance No.37 of 1991). 2. As common question of law and facts are involved, these Rules have been heard together and are being disposed of by this judgment..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....as in those two suits the plaintiffs had shown causes of action as well as they made prayers for a decree for certain amounts as compensation of their damaged goods. The facts of the present suit are identical with those of the two other suits decreed, but as the plaintiff in the present suit has no......No.1 MV Birba through its local agent filed an application for return of the plaint on the grounds that the plaintiff in this suit has challenged the validity of the declaration of General Average in question and has sought declaration to the effect that declaration of general average is illegal and......s in favour of the plaintiffs as in those two suits the plaintiffs had shown causes of action as well as they made prayers for a decree for certain amounts as compensation of their damaged goods. The facts of the present suit are identical with those of the two other suits decreed, but as the plaint..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......ry affidavit filed by the respondents) which according to him is an important material in support of the grounds supplied to the detenu. From the report it appears that it is a mere narration of some facts by a police officer without any reference to any source from where those facts were collected ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......Court, Brahmanbaria reversing the judgment and decree dated 27.06.1995 passed in Title Suit No.44 of 1993 by the learned Senior Assistant Judge, Sarail, Brahmanbaria, dismissing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: 3. Opposite part..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......er of the Administrative Tribunal the petitioner preferred the above mentioned A.A.T. Appeal No.49 of 2009. The Administrative Appellate Tribunal, after hearing both the parties and considering the facts and circumstances, allowed the appeal setting aside the judgment and order of the Administrati..Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......d the above mentioned Civil Revision No.1606 of 2001 and obtained the Rule. A Single Bench of the High Court Division, on hearing the learned Advocate for the appellant-petitioner and considering the facts and circumstances and relevant laws, made the Rule absolute making observations to the effect ..Category: Property Law | Date: | Hits: 65
....d on proper appreciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......d on proper appreciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
...... for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No.2147 of 2007 discharging the Rule.
2. The facts leading to the filing of this petition for leave to appeal, in short, are:
3. The petitione..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......rmance of contract against the defendant. 3. The defendant contested the suit by filing a written statement. In the written statement the defendant denied the execution of the kabala deed in question and stated, inter-alia, that he never contracted to sell the suit land and never took Tk.25......rt of the District Judge, Comilla and that appeal was ultimately heard and disposed of by the Additional District Judge, Comilla. The appellate court below, on consideration of the evidence and the facts and circumstances found that the defendant executed the kabala deed in question on receipt of ..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......nary decree as well as the final decree passed in that Partition Suit No.194 of 1984 illegal. That the trial court being the first court of fact and the appellate court below being the final court of facts their concurrent findings as to non-service of summons upon the defendants in the original p..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ...... some other allegation would not be of any avail to the authority in finding the petitioner guilty of the charge on 24.7.1985. The learned Labour Court appears to have suffered under misconception of facts and law. The learned Labour Court also observed: "From the termination letter Ext‑A it ap..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......reported in 8 BLD, 412 that since the weapon is recovered at the instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided in law. We would endorse this view of th......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ...... Mahmud Hossain, Advocate ‑ For the Opposite Parties. Civil Revision No.131 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......guments the learned Additional Government Pleader and Assistant Government Pleader stated that they accepted the award and prayed to the court not to impose any cost on the government. In view of the facts and circumstances, the learned Subordinate Judge allowed the Miscellaneous case and made the a..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ...... grounds that the plaintiff could neither account for the loss of the pledged goods kept under its custody nor could it prove that the defendants were notified before the auction sale of the goods in question.” 27. We find that the aforesaid decision is applicable in the facts and circumstances......he plaintiff has been filed against the decree passed by the learned Subordinate Judge, First Commercial Court at Sadar, Chittagong in Mortgage Suit No.73 of 1983. 2. This appeal arises out of the facts, in short, that the plaintiff-Bank filed the Mortgage Suit against the defendants-respondents ..Category: Business or Commercial Law | Date: | Hits: 196
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