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Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ...... who by judgment dated 2-4-1994 declared that the property is not an Abandoned Property and also directed for release of the same in favour of the contempt petitioner by evicting contemner No. 3 therefrom. Against that order of the Court of Settlement the Government moved Writ Petition No. 3400 of 1......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......how cause notice with a copy of the inquiry report was sent and he received the same and that he submitted his reply to the 2nd show cause notice. Finally on 19 June, 1988 he was compulsorily retired from service. As against the order of compulsory retirement he preferred appeal but the same was rej......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......as fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled to possession of the decretal land, although they were found dispossessed from the entire property during the pendency of the suit.   2. In the......sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......ion 25(1) (b) of the Employment of Labour (Standing Order) Act, 1965 for payment of all benefits like pension, gratuity and all other service benefits since date of appointment upon his retirement from service on 15‑5‑1993 rendering satisfactory services for 31 years. The case was co......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......ion to the respondents to pay the amount of Taka 4,00,02,499.75 to the writ petitioner on or before 9th November, 2000 in default petitioner shall get the simple interest @ 6% per annum on the amount from 13th November, 2000 till the date of payment.  2. Facts, in short, are that petitio......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......e us against the tenant-respondents. The suit was decreed by the judgment and decree dated 8-11-1995 on the finding that the tenant-defendants I habitual defaulters in the payment of rents the period from March, 1986 to August, 1986 vide rent receipt Exhibit B and during the period from  Januar......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....r hands and legs and that upon pouring Kerosene set fire in her body, in the presence of P.W.4. Statement of P.W.4, Abdul Khair, as to hearing about the incident at the Thana and at the Hospital need corroboration which is absent. From the evidence of P.W.1 and 4 it is seen that relation of those wi......n; that at the time of marriage cash amount of taka 15,000.00 and gold ornaments were given to Taslima and after one year of the marriage accused Babul Hossain made demand for Taka 30,000.00 as dowry from them; that dowry having not been paid accused Babul Hossain, used to torture informant’s sist......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ax. The assessee company obtained tax holiday bene­fit under the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") for a period of 9 years commencing from 1st of October, 1983 sub­ject to the fulfillment of the terms and condi­tions as laid down i......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......nd the asessee disclosed net profit of Taka 2,78,17,766/- which however, was assessed at Taka 2,95,35,926/- by the Deputy Commis­sioner of Taxes including an income of Taka 94,18,413/- from other sources other than the income derived from commercial operation. The Deputy Commissioner of Taxes a..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......s the workers of the Association. As against the said order of the First Labour Court petitioner has moved this Court. 3. Petitioner has filed this application upon contending, inter alia, that as from the preamble and objectives of the samity it is evident that the samity is neither an ‘Establ......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151....... legal, that the samity owns huge property and that maintaining a big office with staffs of different categories at different places; that although the samity is a Welfare Organization it has its own source of income, such as income from Dormitories rent of 32 shops at Rangpur, Pathological Clinic a..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......th a bad intention and Shajneen pushed him aside and threatened to teach him a lesson through her parents, Shajneen narrated the story to her elder sisters and brothers-in-law. Her parents being away from the house, this could not be reported to them by the sisters and their husbands. The parents of......rovided in section 235(1), Cr.P.C. The argument of Mr. Mojibur Rahman boils down to this, that an offence of rape is not the same offence as that of murder. These are two distinct offences and one is independent of the other. We find substance in the contention of the learned Advocate and accordingl......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......iefed the ‘Law Associates’ to extend legal aid and obtain a Vokalatnama of the victim girl. It is claimed that the lawyers of the ‘Law Associates’ tried to obtain signature of the victim girl from Dhaka Central Jail but respondent No.4, Deputy Inspector General of Police, Dhaka Central Jail,......hifted or delegated to the jail custody. By referring to certain English decisions the learned Advocate argues that having regard to the reality that with passing of time a child becomes increasingly independent and the parental authority starts dwindling the court should not try to impose parental ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ...... has become necessary, it is alleged, because of indiscriminate granting of such bail by the High Court Division in recent times (as in the present cases) upsetting the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Before entering into t......particular time where the process of the criminal Court is being abused at random for political victimisation and aggrandisement with the help of State power and the lower Courts are afraid to act independently. The Court should sympathise with the political victims against whom proceedings are ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be equated with......ges discarded the previously-quoted dictum of the Privy Council in ILR 25(Cal) 9 because they decided the issue before them in accordance with the laws propounded by Muslim jurists ‘rather than independently”. In other words, the learned Judges recognised the right of whom they themselve......yore, but also stated particularly about practical aspects which the learned Judges of the High Court Division completely missed. It reads: “Ijtihad or exercise of judgment is a recognised source from which the laws of Islam are drawn……… Ijtihad by a single individual..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......on of any offence committed by her. She has not been charged whatsoever for any crime/offence under the Penal Code or violated/breached any law in Bangladesh. The petitioner No.1 is a British citizen from an early age and has been residing in the UK with her parents and has been brought up and educa......5‑1996 which was registered on 27‑5‑1996 by the Nikka Registrar of Komolgonj, Moulavibazar, Sylhet. The father of the petitioner No.1 Lal Miah could not accept that his daughter in fact made an independent decision. Although there was no case of abduction filed in any police station he couple,......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..

Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ...... limited edition of 250 tapestries to the full knowledge and under the guidance and supervision of the petitioner; that the petitioner collaborated with the production and sale of the tapestries made from the said designs and never disputed the same till her termination from the service; and that sa......tinction between a contract of service and contract for service it is to be seen from the facts and circumstances of a case whether an employed person in relation to the employer is an employee or an independent contractor. If an employed person is an employee of the employer he is under a contract ......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 500 metric tons 125 metric tons arrived on 17‑10‑94......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......99 issued by the Assistant Secretary, Ministry of Commerce that only one sample should be collected for examination of radio activity level of milk food and milk products, etc. imported from the same source and country under the same brand name by one ship under the same LC though under different in..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......s, monthly tenant under them and he became defaulter and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known a......rror in the decision causing failure of justice. 9. The learned Advocate for the petitioners has further submitted that the heirs of the original tenant Sirajuddin are estopped from setting up an independent title by the alleged subsequent purchase of the property after the filing of the plainti......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......laintiff's father with fraudulent means and misappropriated the entire sold amount. The plaintiff’s further case was that about 3 years back, the defendant‑petitioner also borrowed Taka 12,000.00 from the plaintiff's father on condition to repay the said loan within six months in spite of repeat......aid abuse may aggravate the sufferings without end. On plain reading of section 7 of the Ordinance 1961 it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing, talaq cannot be given effect to until and unless such notice is given t......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196