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Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......o have refused extension of leave and was under obligation to record refusal of leave in a register. We have considered the submission made by the learned Lawyers for both the sides and we are of the view that the original leave of the respondent No.2 was only for 1(one) day i.e. for 12.4.84 on acco..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... In the instant case the suit was instituted on 16.8.88 and the missing documents on their recovery were filed by a firisti on 25.2.89 i.e. after a delay of about 6 months and a few days which in our view cannot be called to be an inordinate delay in the facts and circumstances of the case. It appea..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......t entitled to seek any relief in the Court and that plaintiffs have also no cause of action for the suit. While the suit was pending the defendant filed a petition praying for return of the plaint in view of the Administrative Tribunal Act VII of 1981 as amended up to date alleging that by reason of..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......orkers of one Cinema Hall were not employed or engaged by the owner/owners of other Hall/Halls. 8. Mr. ML Bhowmik, the learned Advocate appearing for the respondent No. 1, in reply submits that in view of Clauses (e)(i) sub‑Section (1) of section 10 of the Industrial Relations Ordinance, 1969 t..Category: Labour and Industrial Law | Date: | Hits: 115
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......e official Gazette and the Daily Inqilab and the record was sent to the learned Senior Special Tribunal Judge, Dhaka for trial. The Senior Special Tribunal, Dhaka received the record on 7.2.89 and in view of the notification of the abscondence of the accused persons in the manner stated above transf..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......indefinite, illusory and non‑existent; that the ground No. 1 does not and cannot constitute any prejudicial act within the meaning of the said act; that as to ground No. 2 with regard to Press interview the detenu did not violate any law nor had he anything to do with the incident which occurred o..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....1 in favour of the plaintiff and that the plaintiff did not violate any term of the said contract was wholly wrong in not passing a decree for specific performance of the said contract for sale on an erroneous view that there was dispute of title between the dependant Nos 1 and 2 and the defendant N......r of the plaintiff and that the plaintiff did not violate any term of the said contract was wholly wrong in not passing a decree for specific performance of the said contract for sale on an erroneous view that there was dispute of title between the dependant Nos 1 and 2 and the defendant No. 1 has n..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......ce exercising discretion. But such discretion must be in strict conformity with law and rules. But discretion should not be exercised in this case which will cause failure of justice. In this case in view of the facts and circumstances of the case, there is no scope to exercise such discretion. Ther..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......d a violation Case, which is still pending. 11. As the mother of the child took him out of the country and the father could not see his child and allegedly did not know his whereabouts, and in view of the fact that the mother of the child had married another person, he filed Writ Petition No...Category: Family Law | Date: | Hits: 327
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......which was approved earlier was valid for a limited period only and its tenure expired on 12.07.2009. Its validity could not be extended by way of an order of status quo. Accordingly, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petit..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......0.2000 for hearing the suggestions or objections, if any. In due course the ADC (General), Pabna sent his inquiry report to the DC, Pabna, who forwarded the same to the Government concurring with the view of the ADC (General), Pabna that all the 118 persons present at the time of inquiry, apart from..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......decree of the High Court Division. 9. We have considered the Civil Petition for Leave to Appeal as well as the judgment and decree of the High Court Division and the trial Court. We are of the view that the submissions made on behalf of the petitioner merit consideration. Accordingly, the le..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....ut seeking consequential relief is not legally maintainable. The Joint District Judge without adverting to that aspect of the matter upon a superficial consideration of the evidence on record has erroneously decreed the suit holding that the Government is in possession of the suit property. In......er dated 17th November, 1983 released the property from the list of the vested and Non-resident property. Thereafter, one Amina Hoque filed an application before the Land Administrative Board for review of the judgment and order dated 23rd October, 1991 which allowed the review petition and cancel..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......stitute of Business Administration, Dhaka University, without objection or protest and that they having failed to qualify in the said examination, their service have been terminated and in that view of the matter, the Administration Appellate Tribunal committed error of law in interfering wi..Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......or dismissal of the suit on that count. The application came up for hearing on 28.6.86. On that day the learned Munsif after hearing the parties and considering the materials placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passe..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......al examination by a qualified doctor of the employer. In this appeal I do not find that there was any evidence on record to show that the requirements of section 11 of the Act were satisfied. In that view of the matter the contention of the learned Advocate is of no substance. In view of the finding..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......862 or that of 1865, but from the Colonial Courts of Admiralty Act (India) of 1891 and the Courts of Admiralty Act, 1861 of England. The later Act is not on our statute book but it is administered in view of the combined operation of sub‑section (2) of section 2 of the Colonial Courts of Admiralty..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......agistrates by the Registrar of this Court, so that such irregularities do not occur in future. In the present case the accused persons were convicted under section 384 BPC which is bailable. In view of above, the prayer for bail is allowed for a period of one (1) year. The petitioners should b..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ka against these defendants and the said suit was looked after and conducted by this plff. Thus the plaintiff started many other litigations, both civil and criminal‑against these defendants with a view to harass the latter. It is true that this plaintiff started a criminal case u/s 500 BPC agains..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......e as gains from public navigable river, and accordingly decreed the suit on contest with costs with regard to the said lands. 5. In arriving at this conclusion the learned Judge took the following view: "There is a clear distinction between the claim on the basis of reformation and the claim o..Category: Property Law | Date: | Hits: 77
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