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Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....r the Appellant. Faruque Ahmed, Advocate-on-Record - For respondent No. 2. Not represented - Respondent No. 1. Civil Appeal No. 113 of 1997 (From the Judgment and Order dated 6.8.96 passed by the High Court Division in Writ Petition No. 3684 of 1992) Judgment ......ncapacity the mill authority on 27.12.89 discharged him from service under Section 16 of the Employment of Labour (Standing Orders) Act, 1965 briefly, "the Act". After serving a grievance notice under Section 25(1) (a) of the Act he instituted Complaint Case No.11 of 1990 in the Labour......d and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application wit..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....ants. Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent Nos. 2-3. Civil Appeal No. 96 of 1997. (From the Judgment and Order dated 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). ......r, to continue in his service of the Bank with entire financial benefits including wages, compensation, damage, rank etc. The learned Counsel for the plaintiff could not bring this amendment to the notice of this Court at the time of hearing of the leave petition wherefore this relief granting a...... and Order dated 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leav..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....Khan, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record - Respondent No. 1. Not Represented - Respondent Nos. 2-5 Civil Appeal No. 125 of 1997 (From the judgment and decree dated 2nd June, 1997 passed by the High Court Division in First Appeal No. 122 of 1993). Judgment......Who is the appellant before this court. A copy of this letter was also sent to defendant No. 1 M/s James Finlay and Company Limited but these two defendants did not respond to this letter whereupon a notice under section 106 of the Transfer of Property Act was served upon defendant Nos. 1-2 on 10.3.......e, 1997, passed by the High Court Division in First Appeal No. 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. T..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....cted by A.KM. Shahidul Huq, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent No. 2 & 3. Civil Appeal No. 18 of 1996 (From the Judgment and Order dated 3 August 1995 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal......anch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of the Inquiry Officer, the show cause notices and the order of dismissal were issued under the signature of the Assistant General Manager...... Senior Principal Officer in 1983 was acting as Manager of the Janata Bank, Principal Branch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of the Inquiry Officer, the show cause notices an..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
.... (In Civil Appeal No. 133 of 1997). Not represented - Respondent No. 2-9 (In Civil Appeal No. 133 of 1997). Civil Appeal No. 132 & 133 of 1997. (From the Judgment and Order dated 9-7-1993 passed by the High Court Division in Writ Petition Nos. 648 of 1987 and 4165 of 1992......ed and as such the judgment and order of the High Court Division does not call for any interference. He further submitted that neither the respondent nor his predecessor-in-interest was served with notice to surrender possession of the building nor the possession of the same was ever taken over ......arted that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazette Notification SRO No. 364-1/86 dated 23.9.8..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....-record - For the appellant. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the respondent. Civil Appeal No. 21 of 1996 (From Judgment and Decree dated 17.04.1985 passed by the High Court Division in Civil Revision No. 842 of 1990) Judgment ......ut he also did not pay any rent from the month of Kartick, 1388 B.S. and since" the suit premises was also required bonafide for use of the plaintiff for rebuilding of the same the plaintiff served a notice under section 106 of the Transfer of Property Act upon the tenant on 10.10.82 terminating the......te and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C. Suit No. 2 of 1992 , decreeing the suit for ejectment of monthly tenant. 2. The respondent was inducted in the year 1965 as an ejectable ..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
.... M. Kamal, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Respondent Nos. 2 and 3. Civil Appeal No. 141 of 2000. (From the Judgment and Order dated 5 August 1999 passed by the High Court Division in Writ Petition No. 112 of (1999). J......rayed for issuance of the Rule before the High Court Division upon writ respondents to show cause as to why the order passed by writ respondent No. 3 dismissing the writ petitioner from service by notice in the Daily Bangladesh Times published on 7.11.1990 (Annexure-G) duly affirmed by the appel...... by the High Court Division in Writ Petition No. 112 of (1999). Judgment Mohammad Fazlul Karim J.- This appeal by leave was granted to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-r..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....nt No. 1 (In all the cases). Not represented - Respondent Nos. 2-5 (In all the cases). Civil Appeal Nos. 65, 66 and 67 of 1997. (From the three separate Judgment and Orders all dated 12th May, 1996 passed by the High Court Division in Civil Revision Nos. 1585 of 1994, 1586 of......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... 17.3.93 retired the petitioners from service without paying their entitlements/dues but with the rider that those will be paid as soon as their accounts are finalised. The writ petitioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....handaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record – For the Respondent. Civil Appeal No. 75 of 1990. (From the Judgment and Order dated 30 June 1988 passed by the High Court Division in Civil Revision No. 896 of 1973) Judg......en application to the court stating that it would not be a party to the proceeding the suit as a whole abated with effect from the date of submission of such application. 17. One might notice that although redundant, the Government of Bangladesh made an application for abatement......spondent happens to be the mutawalli of the said two estates known as Ballade Wakf estates. He brought the suit against the Province of East Pakistan and the Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....s. Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent Nos. 2-7. Civil Appeal No. 48 of-1996 (From the Judgment and Order dated 11th & 18th July, 1996 passed by the High Court Division in F.A.T. No. 177 of 1997). ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1..Category: Civil Law | Date: | Hits: 87
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....llant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-3. Not Represented - Respondent Nos. 4-9. Civil Appeal No. 61 of 1995. (From the Judgment and Order dated 11.1.1995 passed by the High Court Division in Civil Revision No. 291 of 1989 (Rangpur) No. 9......, the sisters, the pre-emptor respondents, were substituted as heirs of the deceased brother in O.S. No. 9 of 19975 and the Execution Case No. 9 of 1981. The pre-emptor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and ......the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed to execute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was executed and a..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... Md. Abu Siddique Advocate-on-Record - For Respondent Nos. 1-15 Not represented - Respondents Nos. 16 & 17. Civil Appeal No. 100 of 1999. From the Judgment and Order dated February 5, 1997 passed by the High Court Division in Civil Revision No. 59 of 1986 Jessore/C......ama, no other evidence was brought on record to establish that Parichana Bibi was a party to the compromise said to have been made in the Title Suit No. 616 of 1969. The High Court Division did not notice the fact that Parichan Bibi (defendant No. 3) divested her title in the land in suit which ......nsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of the Court of Muns..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ants. Momtaz Uddin Ahmed, Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record - For the Respondents. Civil Appeal No. 193 of 2003. (From the Judgment and Order dated 06,03.2002 passed by the High Court Division in Civil Revision No. 3401 of 1998). Judg...... the Additional Deputy Commissioner (Revenue) for treating the deed of sale as usufructuray mortgage was declared to have been passed illegally." 17. We have further noticed that the plaintiff respondents have clearly mentioned that the reason transfer of the ......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and t..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
...., Advocate-on-Record -For the Respondents Nos. 2(a) to 3(c) and 4. Ex-parte—For the Respondents Nos. 5-70. Civil Appeal No. 3 of 1984. (From the Judgment and decree dated 18-11-82 passed by the High Court Division, Jessore Bench in S.A. No. 213 of l973.) Ju...... prove his prima facie title to the suit land by any settlement, that three of the defendants having died and others having left the country before the filing of the suit, the purported service of notice upon them was a clear fraud, that the plaintiffs of the present suit who got shares in the s...... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....ocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the Respondent Nos. 5 and 6 (dead) Civil Appeal Nos. 55 and 56 of 19......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......llip;………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only………………...Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....din Chaklader, Advocate-on- Record-For the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 17 of 1983. (From the Judgment and Order dated 8.9.82 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 608 of 1978......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ries in the District of Sylhet under the direction of his principal abroad" on behalf of wage earners in U.K." On the said application the Additional Superintendent of Police started the aforesaid G.R. Case. An Inspector of Bureau of Anti-Corruption, Bangladesh Bank Branch, after invest..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....nt. Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos.1-3. Civil Appeal No. 120 of 1983. (From the judgment and decree dated 6 April, 1983 passed by the High Court Division, Comilla Bench, in Second Appeal No. 352 of 19......low. One of the grounds on which the learned Judge (of the High Court Division) reversed the decision of the lower appellate Court is misreading of the evidence by the Courts below but he failed to notice that misreading of evidence being a mixed question of law and fact cannot be interfered with ......current decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restrai..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....-on-Record—For the Appellants. Santi Ranjan Karmaker, Advocate-on-Record—For the Respondent Nos.1 & 2. Civil Appeal No. 6 of 1984. (From the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 of 198......vision has rightly interfered with the concurrent decisions of the Courts below, which misconceived the provision of Order 1, rule 9 of the Code of Civil Procedure and which further failed to notice that the requirement of section 143A of the State Acquisition and Tenancy Act was not compli......ka Bench, in Civil Revision Case No.150 of 1980. 2. Rajab Ali and Ajitullah, predecessors of the present appellants filed Miscellaneous Case No. 36 of 1974, in the Court of Munsif, Sherpur, for correction of the record of right under section 143A of the State Acquisition and Tenancy Act. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, 34 to 48 and 50 to 53. Exempted from filing substitution application vide Court's order dated 7-8-84—For the Respondent Nos. 19. 33 & 49 is dead. Struck off vide Court's......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......engal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....ellants. B. N. Chowdhury, Advocate, instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Respondent No. 1 Civil Appeal No. 60 of 1984. (From the judgment and order dated 5-12-83 passed by the High Court Division, Rangpur Beach, in S.A. No. 40 of 1974.) Jud...... context Mr. Rabbani cited 17 DLR 476. Be that as it may, the plaintiffs are in possession in pursuance of the execution of the sale-deed in question and the same had been registered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to c......ration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity. This section provides for a suit if the Registrar refuses to order a document to be registered………&he..Category: Property Law | Date: | Hits: 25