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Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....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. ...... Party-petitioner worked for 270 days in the first 3 terms and after a short gap he was working continuously since 13.06.2001 till date. Thus he was entitled to be made permanent as he has put in a period of service of 8 years. Though the first party-petitioner was engaged in causal service agai..

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. ......, or any of that kind, rather, are allowed so that by using the privileges, they can serve the people better. The fundamental aim is to render services to the people whom they represent for a limited period fixed by law. As such, they have got no right or authority to abuse any such privilege for an..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ng frustration in the mind of a suitor who rushed to Court of law in an interlocutory matter seeking protection under the arms of law. The Justice claimed by the suitor could not be achieved within a period of two decades when Revision Petition could not be heard and disposed of within that period. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)

....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......d him as aforesaid. Thereafter, police arrested him on 29.01.2000 as it appears from record. The petitioner did not file any appeal against the order of conviction and sen­tence within the statutory period of limitation as provided by law. Later on the petitioner filed an application under the sect..

Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......f demand of dowry and, also, that her husband inflicted injury on the person of her body with wooden crossbar. She, also, laid bare in her evidence that from before and after 19.4.2001 for continuous period of six (6) months. She was staying in the house of her brother. 9. P.W.2 Dr. Asim Kumar ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......ase reported in AIR 1949 Mad 77, it was held that where a Magistrate while releasing the accused on bail attached conditions that the accused would not enter upon the land in dispute for a particular period and that they would not commit any breach of peace, the conditions were repugnant to this sec..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......t that the appellant is convicted under section 9(kha) of the Ain along with section 6(1) instead of section 9(ga) keeping the sentence intact. Under section 35A of the Code of Criminal Procedure the period for which the appellant was in custody in connection with this case before conviction would b..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ideration as earnest money to the defendant No.1 and the defen­dant No.1 acknowledged the receipt of the said money and delivered the possession of the suit property in favour of the plaintiff and stipulated to pay the balance amount at the time of registration. 6. The further case of the p...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ...... as well as documentary evidences found that the suit was not brought before Civil Court by the aggrieved persons against the order of Revenue Officer under section 92(4) of the S.A.T. Act within the period of limitation and as such the suit is also barred by lim­itation and this finding having bee..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ......espect of the execution of the decree passed by an Artho Rin Court. 9. The provisions in respect of execution of the decree has been provided in Chapter Six of the Act. Section 28 provides for the period of limitation for filing of an execution case. 10. Section 33 provides for sale of the pro..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......record, I find that the show cause notice served on the plaintiff and her reply as men­tioned in the judgment are not at all related with her alleged unauthorised absence in question covering the period from 12.5.98 to 14.9.98 but of the previous years but the Court erroneously found that she w..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......e MOU signed with World Tel. Other reasons may be political, to ensure the successful entry of new service providers in certain markets in which case exclusivity may be considered for perhaps a short period of time. In general, however, the maintenance of exclusivity or monopoly rights reduces effic..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....1. Although the preamble envisages the Gram Sharker to be a representative body but all 13 of its members as mentioned in sub-section 4 of Section 4, are to be nominated by the concerned authority as stipulated in sub-section 5. The formation of Gram Sharker with all nominated members are clearly st......ers would be elected by the rate-payers and the rest one-third would be nominated by the Government. 24. In 1947, the dominion of Pakistan came into being and in 1959, during its first Martial Law period the name Union Board was again changed, this time as Union Council by the Basic Democracies O..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)

....at extent.  13. In the background of the discussions made hereinabove we find merit in the appeals.  Accordingly, the appeals are allowed.  There is no order as to costs.  Ed. ......injunction stayed by moving this Division upon filing provisional Civil petitions for Leave to Appeal Nos. 34 and 35 of 1995. Since the order of stay so obtained from this Division covered the entire period of injunction passed by the High Court Division no regular appeal was filed. In due course su..

Category: Property Law | Date: 2 Aug, 2005 | Hits: 84

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ...... on the shoulder of the learned Advo­cates to appear before the Bench and to sub­mit on the points of maintainability. 9. We agree with the submission of the learned amicus curia. A long period has al­ready elapsed from the date of British Regime and the time has come to think progr..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......tificial person may be defaulter under the Act only when such natural or artificial person defaults in the repayment of the loan within the time scheduled by the bank to repay and after expiry of the period as notified by the Bangladesh Bank. 48. In the matter before us, the definite case of th..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... and 12 of the kabuliyat which run thus: (8) The land leased with you shall be heritable but you shall not be entitled to transfer, or create any change on the land or any part thereof, during a period of five years from the date of the lease or till you have paid the entire amount of salami, w..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....on system as per requirements of the law, the Ministry of Information had to issue the letter with full lawful authority. It is further stated that the NOC had lost the legal basis, if any, after the stipulated time. 15. The Commission and the committee, respondent Nos.3 and 4, jointly Opposed ...... 16, 2005. Result: The Rule is made absolute. Bangladesh Telecommuni­cation Act (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empo..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ...... which was drafted and processed by father of deceased lady and other fielded by father of deceased lady on presentation of a Petition of Complaint before Chief Metropolitan Magistrate, Dhaka after a period of about sixteen (16) months and four (4) days of first information report by husband subsequ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......e. After hearing the parties, the Magistrate, Sec­ond Class, Barisal on 12.2.1996 convicted accused opposite parties, sentencing Mosharaf Hossain Sikder under Section 324 of the Pe­nal Code for a period of 1 year rigorous im­prisonment and for the same period under Section 380 of the Penal Co..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2