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Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......case under section 25 of the Employment of Labour (Standing Order) Act and attached a duty to see as to whether the requirement of section 18 of the Act, i.e., an allegation against worker has been recorded in writing or whether he has been given a copy thereof or at least 3 days' time to explain...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....te of issuance of the show cause notice and the date of cancellation of the lease, that the High Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is not maintainable, that new relevant fac...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......e find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ...... of land while 2nd party petitioners father Altaf Hossain possessed the remaining 0.0325 acre of land. He has further submitted that 1st party opposite party No.1 got the disputed 0.1650 acre of land recorded in his name in a mutation proceedings and was also paying rent in respect of his separate p...... hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ...... Rajshahi apprising him that over the ownership of an under construction market on an area of .1650 Shahasrangsa of land forming a portion of 0.23 acre of land appertaining to plot No.3861/3891 of RS khatian No.321 of mouza Boalia, within Boalia Police Station a dispute arose between Shah Md. Monsur..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....cted due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published raises claim on the property on the basis of such wrong reco...... Mondal, Gobinda Chandra Mondal, Fatik Chandra Mondal and Ganesh Chandra Mondal, sons of Durga Charan Mondal as well as name of Ganesh Chandra Mondal, son of late Joy Gopal Mondal have been wrongly recorded in the finally published SA record of rights as well as in the RS record along with the n......ppeal is dismissed. There is no order as to costs. Ed. ......82 ½ acres of land to Sachi Ram and Sachi Ram sold the said land to the plaintiffs and delivered possession. Krishna Mondal and others transferred 31.04 acres of land out of the land of suit khatian to the plaintiffs. As the plaintiffs purchased land of CS Khatian No. 122 from Kartik Mond..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....ecause he did not see the occurrence and he only heard about the occurrence from Manik and his daughter Parul, the victim. Next, he has submitted that the High Court Division and also the trial Court wrongly admitted into evidence the statement of victim which was recorded under section 164 of the C......occurrence from Manik and his daughter Parul, the victim. Next, he has submitted that the High Court Division and also the trial Court wrongly admitted into evidence the statement of victim which was recorded under section 164 of the Code of Criminal Procedure and the medical report of doctor who ex......s are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....of the materials on record, both oral and documentary, found exclusive possession of the first party in the case land and, as such, the learned Judges of the High Court Division acted illegally and wrongly in setting aside the finding of fact in a quashing proceeding when there was no lack of .j....... 132 of 1978. 4. The second party respondent contested the proceeding filing written statement contending, inter alia, that the land of the proceeding Khatian Chandra and others, who were the RS recorded owners, and the predecessors of both the first parties and the second parties are Taimum Go......o. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....as executed and registered on 6.4.1981 Plaintiff Bank exercised ownership and acts of possession on leased out suit property. Plaintiff Bank constructed staff and officers quarters. Suit property was wrongly and fraudulently recorded in State Acquisition Khatian in S.A. Plot Nos.8705 and 8707 in the......er as suit property. 5. Life blood of plaint case is hereunder: (a) Suit property along with other properties was property of Deity Gredhari. Ragunath Das was Mohanta Shebait. Suit property was recorded in C. S. Khatian No.910 in Mouza Shahar Dhaka in the name of Ragunath Das. Suit property wa......eel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhy......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......own the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ern room of the suit premises named as "Singha Brothers Building" along with a four-roofed tin shed, the schedule of the properties is 0.5 decimals of land of plot No.749 appertaining to DS khatian No.1103 under Mouja Hajipur, Upazila Begumgonj. This property was auction sold and purchased..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......f money, execution by detention in prison shall tot be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court for reasons recorded in writing is also satisfied.
(a) that the judgment-debtor, with the object or effect ......arrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......t that out of love and affection plaintiff No.1 gifted out the schedule premises to her daughters plaintiff Nos.2 and 3 orally on 20‑10‑96 and in support of that oral gift the plaintiff No.1 also recorded the gift in affidavit dated 27‑10‑96 before the Notary Public and thus plaintiff Nos.2â......cree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......ion report and, as such, the present Case was started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, examined the witnesses and recorded their statements under section 164 of the Code of Criminal Procedure, produced the victim b...... this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....o the effect that they were stranded in Pakistan, the High Court Division relying on inadmissible piece of document and upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ petitioners are Bangladeshi citizens and on that basis wrongly held ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......tigation by visiting the place of occurrence, preparing sketch map, index and inquest report of the deceased and took other necessary steps. The said Sub‑Inspector Delwar Hossain Chowdhury also recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and arre...... rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....t freely exchanged allegations against each other. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that the High Court Division illegally and wrongly passed direction for a neutral Chairman to hold the AGM of the petitioner Bank, which is il......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ng the aforementioned application he did not appear before the court on 15‑7‑2001 and thus, absconded after obtaining bail. The High Court Division has taken the view that the trial Court has not recorded the reasons as required under section 339B(2) of the Code of Criminal Procedure but, in our......de with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... those to attaching to his substantive posts. 10. In the case of Narendra Chanda vs Union of India reported in AIR 1986 SC 638 the continuous 15 years' officating service though recorded under an irregular appointment was counted for seniority and continuity of service. ......Same Case Cited in: 55 DLR (AD) (2003) 82. ...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......sonnel and thereafter, they were challenged in the case and during trial, charge was framed under section 6(4) of the Act to which they pleaded not guilty claiming to be tried and then the Tribunal recorded evidence and convicted them under section 6(4) of the Act as already mentioned above and ......re accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......he defendant filed rent deposits case being H.R. Case No.10 of 2000 and since then has been depositing monthly rent with the House Rent Controller. 4. The trial Court framed necessary issues and recorded evidence of 1.P.Wand 1.D.W. On consideration of the evidence on record the trial Court came...... None appears - For the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge an......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ch a report either could be held to fall within the purview of section 190(1) (b) of the Code of Criminal Procedure or may be accepted as a complaint under section 190(1) (a). The report, even if not recorded as a police report, may be accepted as a complaint within the meaning of section 190(1) (a)......nbsp; This Case is also Reported in: 55 DLR (AD) (2003) 125. ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....he land sought to be pre‑empted from heirs of Abdur Razzaque was not available. The High Court Division as well as the appellate Court in disregard of the materials on record as discussed above wrongly assumed that khatian No. 3232/1/1 (Exhibit A) was started in the name of pre‑emptors i......t was made final (subject matter of the partition suit was land measuring 1340 aurjuthansa listed in CS Khatian No. 8282, the corresponding SA Khatian No. 3232). Abdur Razzaque's heirs got their land recorded in a separate khatian being Khatian No. 3232/1. Abdul Gafur's heirs, pre‑emptors, pur......AD) (2003) 108. ...... January 21, 2003. State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
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