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Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ion 2(b) and section 6 of the Employment of Labour (Standing Orders) Act, 1965 he submits that it was within the province of the petitioner 1 to serve the lay‑off notice and to stop the industry in view of the existing conditions under which the Industry was to run and Respondent 1 exceeded its ju..Category: Labour and Industrial Law | Date: | Hits: 129
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ...... sum of money awarded. 7. Mr. Abdul Rashid Gazi, the learned Advocate for the respondent, submitted that in the circumstances the appeal is time barred and the appeal is liable to be dismissed. In view of the special period of limitation provided for preferring appeal in this court by the Emergen..Category: Property Law | Date: | Hits: 76
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......ry of the mosque to hand over the charge of the mosque to the President and the Secretary of the newly formed Management Committee by Respondent No.1. 4. Mr. Abdul Hamid Chowdhury contends that in view of the finding of the High Court that the property left by Abdur Rahim was not waqf property th..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......here that offence is not committed regarding the property the Court has no authority to pass the order directing the sale of such property and to deposit the sale price in the Courts account. In this view of the matter we hold that the impugned order so far as it relates to sale of the molasses and ..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......ill not apply unless it is made applicable by the Special enactment. In the light of the above discussion on interpretation of the section 29(2) of the Limitation Act dissenting from the Single Bench view taken in the case of Mustafizur Rahman Vs. State reported in 1985 BLD 335, the Division Bench o..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......uilding and grave of her late husband from acquisition. Hence revised plan was prepared by the respondent No.3 considering the objection of the petitioners to save their building and grave keeping in view engineering aspect and traffic facilities in the matter to make the road straight as far as pra..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......irl and the petitioner also filed criminal Miscellaneous Case No.1064 of 1990 seeking the custody of the minor girl. Both the applications were heard together and the learned session judge was in the view that the victim girl would be hardly 15 years and observed that she was not entitled to exercis..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......s per the provisions of section 5 of Industrial Relations Ordinance filed an application before the Registrar of Trade Union Bangladesh for registration on 1.4.4.91 but the Registrar informed that in view of the amendment of Rural Electrification Board Ordinance LI of 1977 by incorporating section 2..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ...... Tribunal, Additional Bench, Bangladesh, Dhaka. 3. Before the Tribunal the department contended the DCT had full jurisdiction to assess income of the previous year of the assessee in Bangladesh in view of the provisions of sections 3, 4, 4A(C) and 2(14AA) of the income Tax Act, 1922. The assessee..Category: Fiscal/Taxation Law | Date: | Hits: 109
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......R 2002 Supreme Court 1965. Lawyers Involved: Abu Salek, Senior Advocate instructed by Md.Ibrahim Klialil, Advocate-on-Record-For the Petitioner Not represented-the Respondents. Criminal Review Petition No.26 of 2009. (From the judgment and order dated 03.08.2008 passed by this Divisio..Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ...... double jeopardy, as such, so far, the proceeding under Sections 406/420/109 of the Penal Code, is concerned is liable to be quashed. 8. We have heard the learned Advocate for the petitioner. In view of allegations of dishonouring of a cheque, the learned Magistrate, on receipt of 2 charge shee..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......perandi of the Order of the learned Additional Sessions Judge in allowing the application for withdrawal from the prosecution of the petitioners without assigning any reason whatsoever. We are of the view that the High Court Division upon proper consideration of the materials on record and also on p..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......ead body of the baby son was floating in the pond at about 11 a.m. Sheuli Begum alleged that the accused-respondent abducted her baby son and killed him and then threw the victim into the pond with a view to disown her. 5. The case record was eventually sent to the Court of Sessions for trial and..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......s first written and published in 1948 and since then several editions have been published and circulated in this country and that the forfeited book is its 10th edition. It have been stated that the views expressed in the book have not outraged the religious feeling of the Muslims of Bangladesh and..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......e plaintiff appellant, argued that the defendants should have served a second show cause notice before dismissing or removing him from service. We are unable to find any substance in such argument in view of the fact that the principle of natural justice requires only an opportunity to be given to d..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......ed Judge disallowed the application. Hence the plaintiff approached this Court and obtained the present Rule challenging the order of dismissal for default. 2. Mr. Abdus Salam Khan submits that in view of the facts and circumstances of this case the learned SCC Judge passed the order of dismissal..Category: Procedural Law | Date: | Hits: 104
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......son and without consent of the plaintiff. That as the goods comprised in the suit consignment were already discharged from the carrying vessel and were incurring heavy demurrage, the plaintiff with a view to minimize his loss and apprehension of possible damage and pilferage of the goods lying in th..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......ip then was noticed all the decisions of the several High Courts in the Indian Sub‑continent and found that except the Patna High Court in AIR 1929 Pat, 565 (FB), all the High Courts have taken the view that appeals from orders in execution proceedings do not fall within the provisions of Order 22..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......ed on 5.5.91 and also before Anwar Hossain Monju, a former Minister, was declared elected in the last general Election, on 27.2.91 as a Member of the Parliament. 16. Keeping this factual aspect in view we are to examine the factum of the proceeding under section 7(1)(b) of the Special Powers Act ..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......ted 16.3.87 on the ground that no material was produced by the petitioners to show that they were civilian employees in the defence services. Later on, on 30.8.87 the petitioners filed two separate review petitions for recalling this Court's order dated 16.3.87 on the ground that they were then not ..Category: Administrative Law | Date: | Hits: 187
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