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BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... Court that the services of the respondents-workers were terminated for their alleged trade union activities should not be disturbed because it is not a case of no evidence. This Court exercising the power under the writ jurisdiction is not a Court of appeal to reconsider the entire evidence on reco......hellip;…………………………..Respondent Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the income therefore cannot be accepted. 29. The Assistant Commissioner of Taxes is empowered to ask for proof of the debts claimed and to reject a part of the debts which could not be p......ce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......yer, appeared to represent the convict-appellant Badil @ Badar in his Jail Appeal No.25 of 2005 but he was finally withdrawn and in his place Md. SM Zahidur Rahman, the learned Advocate who filed his power for the above named appellant in Miscellaneous Case No.1776 of 2005 was permitted to make subÂ......the sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....16 floors with the foundation for the sanctioned 22-storied building was completed. Upto ten floors were either sold or leased out to different persons, of them, some are foreign companies, banks and financial instiÂtutions. Many of the transferees started occupying and using their premises. The wr......onstruction Rules suffice. 18. Rafique-ul-Huq, learned Counsel, appearing for the respondents, submitted that in view of the fact that the provision of section 3 of the Building Construction Act empowering the Authority to remove or demolish the construction on the grounds mentioned in section 3 ......n J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......ich a Kabala deed out and out if was accompanied with a deed of agreement for reconveyance constituted usufructuary mortgage and by the President's Order the revenue officers were vested with the power to redeem mortgage if any comes within the ambit of President's Order No.88 of 1972. ......Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......he affidavit in support of the Writ Petition on behalf of the Writ Petitioner only with the leave of the Court, provided he can satisfy the Court by producing either the letter of authority or any power of attorney supÂporting his authority to swear the affidavit. Rule 1, Order III of the Code ......ure of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......at it is barred under legal provisions. The Court below should therefore have rejected the plaint in limine. If Order VII, rule II of the Code of Civil Procedure cannot be prayed in aid, the inherent power of the Court should be invoked." This is an established principle of law which is not app......s. Domino's Pizza Inc………………..........Opposite Party Judgment April 26, 2007. Result: The Rule is discharged. Cases Referred to- Ram Krishna Bhakat Vs. Firm Haji Janabally and Abdul Jalil, AIR 1948 Calcutta 321; Ranjit L...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......ivil Revision Case. 4. Petition for addition of party had been hotly contested from the side of petitioners of Civil Revision Case on placing a counter-affidavit raising contentions that holder of power of attorney an petitioners of the petition are fictitious persons and they are not proprietors...... ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352; Subash Chandra Halder Vs. Abdul Bari, 1992 BID......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....ther and disposed of by this single judgment upon stating the facts and circumstances chronologically.
2. In Writ Petition No.3016 of 2004, Rule has been obtained by Arab Bangladesh Bank, a financial institution incorporated under the laws of the land, calling upon the respondent......ss is completed, (under linings are made for giving emphasis).
So the aforesaid subsection categorically says that minimum one sale process is to be taken place or completed. Adalat has the power to hold auction sale more than once. There is no scope to hold that more than one auction sale...... 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......Assistant Attorney-General appearing, for the Government by filing affidavit-in-opposition in Writ Petition No.2175 of 2002 submits that under rule 42 of the Tenancy Rules, the authority has ample power to cancel the earlier order and can take fresh steps for the same. She further submits that u......t, P.S. Ramna, Dhaka and others ……………………Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ith the modification of sentence. Lawyers Involved: M.A. Shahid Chowdhury - For the appellants. S.N. Goswami with Miss Afsana Begum - For Petitioner. Saifuddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case N......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......le for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of attorney in favour of Shishubala Roy vide registered Khas Moktarnama executed and registere......llip;……………………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......tition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority and of no legal effect.
2. The Respondent No.1 entered appearance by filing power but no affidavit-in-opposition has been filed.
3. Perused the writ petition and heard the......hellip;……………………………………………….Petitioner
Vs.
The Commissioner of Customs, Customs House, Dhaka & ors…………..Respondents
Judgment......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....hall not be less than the gain found to have been derived by the accused by the commission of the offence and, as such, a fine imposed upon the responÂdent No.4, a convict in a special case, being a financial punishment as distinguished from physical punishment and it must be realised from him in a......dge have been clearly excluded in relation to the trial of the offences specified in the Schedule to the Act which have been excluÂsively triable by the Special Judge. Sub-section (5) of section 5 empowers the Special Judge to proceed with the case from the stage at which the same is received. Sect......an (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....f Executive
Officer. In the course of business the petitioner on 20.05.1996 signed an
agreement with a public limited company under the name and style Wonderland
Toys Ltd., to provide the required financial adviÂsory/consultancy/management
services to the Wonderland Toys Ltd. for the purposes o......red to have been held without lawful authority
and to be of no legal effect. He also submits that Section 21 of the Securities
and Exchange Ordinance, 1969 has not conferred upon the respondent any power to
hold an enquiry against a private limited company or its Directors in
connection with the......he express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must ac......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periors. The petitioner continuously worked for more than 90 days without any break as is evident from the pay slips (Annexure-C) series and as such he is entitled to be a permanent worker and all financial and other benefits permissible as per rules and regulations of the Bangladesh Biman Corpo......ent to pass an appropriate order deciding the case on receipt of a complaint under clause (b) of section 25 of the Act, after notice and hearing of the parties. Thus it is clear that Labour Court's power is not restricted to the grant of relief of reinstatement only. It can pass any order deemed ...... The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD)......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ...... follows: “65. (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which, subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic." 15. But to achieve the idea enshrined in the above few lines, struggle......tion of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and func......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
.... under Clause No.24 of the Jatiya Bishyabiddyloya Ayn 1992 wherein it has been prominently mentioned that Syndicate is the principal executive body having power of managements over all financial and administrative functions as well as power of appointing teachers and employees and to ......r and he was placed under suspension on 10.06.2004 under Regulation- 10(1) of the National University Employees (Discipline and Appeal) Statute. The Vice-Chancellor of the National University has got power to place the petitioner under suspension and the petitioner was also asked to show cause on 21......llip;……………………….Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwar......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......er generation mainly due to frustration from unemployment, economic hardship, family troubles, misguiding by the friends. Once a person is addicted to this narcotic drug, he loses his resistance power and his body and mind are weakened day by day, and ultimately, he cannot lead a normal life. T......;……………………………….State Judgment April 18, 2006. Result: The appeal is allowed. Cases Referred to- Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......s were inducted on the lands but on defendant's representation, the Commissioner cancelled the settlement. Question raised was whether or not the Commissioner in the absence of any appellate power could cancel settlement by exercising his general supervisory power. It was held that the......Pramanic and others…………………..Opposite Parties Judgment March 28, 2006. Result: The Rule is made absolute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. T......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
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