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Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....fixed by the Government as well as the wages fixed by agreement between the collective bargaining agent and the management. 22. In these writ petitions all facts are admitted. 23. It is not disputed that the respondent No. 2 in all the writ petitions were workers under the petitioners in t......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....n which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to po...... documents they filed before the court. Their case is that they purchased land from Sonai Bairagi and Umesh Bairagi the plots of land being plot No. 317 and 318 comprising an area of 3.36 acres under khatian No. 104, the record was subsequently corrected by filing the Misc. Case before the ADC (Rev)..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....ed as permanent Head Mistress of the school although she has produced the Annexure‑H showing her appointment as permanent Head Mistress of the School by the Special Managing Committee. It cannot be disputed that the previous Head Mistress Mrs. Shamsun NaharAwal was never dismissed by the Board. Th......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....the prosecution is not bound to produce all the witnesses cited in the charge sheet and that even On the basis of the evidence of a single witness, conviction can be maintained. The contention is not disputed, but in the facts and circumstances of the present case, when not a single witness of such ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
....pared for the Mirpur Housing Estate in the year 1967 had many a time been altered and rectified with the approval of the proper authority. In ft instant case as per approved plan of the authority the disputed land in question which is the vacant land in between blocks E & F as in the original ma......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
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Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....ng not been in relation to the property of the Paurashava, the action could not be held to have been in discharge of any official act and as such no notice was at all necessary.
8. It is not now disputed that SA plot No. 15 10 in suit corresponds to southern portion of CS plot No. 298. This 0.0......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
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Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
....n the aforesaid Writ Petition No. 14 of 1979 (Annexure E).
7. The petitioner had shown cause by filing a petition of objection on 12.10.61 to the Deputy Commissioner, Sylhet. He pleaded that the disputed land in plot No. 6436 of Mouza Sylhet Municipality was a fallow land and not connected with......het (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land within Sylhet Municipality, Kalighat, was acquired by pur..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....The civil Court’s jurisdiction has been impliedly excluded. The election of a candidate cannot be challenged under Article 102 of the Constitution as in the summary proceeding under Article 102 disputed questions of fact cannot be settled. It is also well settled that a right to seek election ......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....t No. 32 of 1990 in the Court of Subordinate Judge, Netrokona against a number of persons including Mr. Mozaharul Islam, Director of the petitioner for declaration that he has fractional right in the disputed fishery by virtue of lease taken from Korotia Wakf Estate but the order of injunction passe......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
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Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....s court and obtained the present Rule. 6. It is admitted that the petitioner let out to the opposite party the suit premises from December, 1966 at a monthly rental of Taka 50.00. It is also not disputed that the opposite party made certain alteration and extension in the suit premises at a cer......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
.... to know about the settlement of the said fishery in favour of the petitioner when a notification for auction was published on 30.3.90 for sale of the fisheries under Madaripur District excluding the disputed fishery and on enquiry came to know that on 12.2.89 the said fishery had already been settl......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
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Category: Property Law | Date: 30 May, 1991 | Hits: 85
....nor any evidence was produced before the Court of Settlement save and except the verbal submission of the learned Advocate appearing for the state.
15. Be that as it may, without entering into the disputed question of facts, it may be said that even not a scrap of paper showing that the said prop......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
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Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....e purpose not authorised by law and he was released after executing some papers transferring his Mill and after doing certain other things. Whether the petitioner was indebted to the Bank or not is a disputed question of fact but if anything is payable to the Bank as unpaid loan there are other mode......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....nd Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in‑interest of plaintiffs Nos.1‑10 Abdur Rahim Sarker and plaintiff No.11 took lease of the disputed plot by different Kakumnamas. They took lease of 26½ acres of land from Wazid Ali Kh...... Mymensingh. Their case was, inter alia, that the land belong to 3 different groups of people. Wazid Ali Khan Punni, Ambika Charan and Bankim Charan and Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in‑interest of plaintiffs Nos.1‑10 Abdur R..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... instrument of transfer of share. It is a photo copy of the alleged original instrument of transfer of share dated 20.8.89. Here the signature of the transferor as ‘I’ Siddiqui' being disputed by the petitioner has been marked as Ext. B. Annexure. C to the affidavit‑in‑opposition...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....ant time, the learned single Judge of the High Court Division sitting in revision acted beyond its jurisdiction in setting aside the concurrent finding of fact of the courts below. 6. It is not disputed that the goods in question were booked with Bangladesh Railway and supposed to reach the de......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....clamation was served upon the land in disputes and that the auction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the disputed property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......wever, took a new ground to justify the claim of pre-emption, and the learned Single Judge accepted the new ground. The learned Single Judge found that the land of each Schedules comprised a separate khatian and that each khatian constituted a separate holding, and that consideration for each of the..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....I from 4.3.80 like other borrowers of the appellant; that the application for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appellant must prove its claim first by filing a money suit; that the statement of ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
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