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GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......dance with provisions of Factories Act, 1965 and the Shops and Establishments Act, 1965. Pursuant to the settlement the petitioner framed the Rules dated 1.12-1973 wherein the rate of the overtime payment of the workers in excess of normal working hours of 48 hours in a week was fixed as per pro......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
.... February 27, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 43 The petitioner should continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwalli after ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....ess of the alleged will stating that it was a product of forgery and not executed by Dayal Chose. 3. The learned District Delegate observed in his judgment that it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......nal Case No.7 of 1992 before the Election Tribunal and Additional Senior Assistant Judge, Sadar, Comilla against the petitioner on the self‑same ground, namely, that he was a defaulter in the payment of the said loan on the date of submission of nomination paper and the petitioner contestin......12.91. His nomination paper was accepted on the date of scrutiny on 8.12.91 in spite of an objection filed by the contestant respondent No.1 on the ground that the petitioner defaulted in repaying loan taken by him from the Bangladesh Krishi Bank, Konkapati Bazar Branch. The election was held on..Category: Others | Date: | Hits: 101
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....86 of 1979, decreeing the suit. 2. Respondent No.l. Kazi Asaduzzaman, instituted the suit on the allegations, inter alia, that he was a permanent employee of the Public Health Engineering Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lo......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Special Reference No. 1 of 1995, 24 CLC (AD)
.... of law to the Court, the Registrar shall give notice to the Attorney‑General of Bangladesh to appear before the Court on a day specified in the notice to take the directions of the Court as to the parties who shall be served with notice of the Special Reference, and the Court may, if it considers...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....e alleged Trust, in favour of himself. In the aforesaid circumstances respondent Nos. 1 to 3 had to file Title Suit No. 78 of 1992 in the 4th Court of Subordinate Judge, Dhaka for declaration and partition on 20 April 1992. 3. The summons of that suit was served upon the appellant on 23 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....dant No. 2, Janata Bank, by filing a written statement supported the case of the plaintiff, but the appellant, defendant No.1 denied all the averments of the plaintiff in its written statement and apart from reiterating the grounds on which the claim was repudiated by the letter dated 16.11.91 Ex......pon the plaintiffs request dated 17.7.90 the insured amount was enhanced to Taka 41, 00,000.00. The plaintiff paid the requisite premium while obtaining the insurance policy dated 5.5.90 and after payment of additional premium the insured amount was enhanced to Taka 41, 00,000.00 by an endorseme......umar Das is a manufacturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mo..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....te, (AJ Mohammad Ali and Harunur Rashid, Advocates with him) instructed by Md. Nawab Ali, Advocate‑on-Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Addi......memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possess......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....t for 1 year, the sentence of fine was kept in tact. The appellants filed a leave petition challenging their conviction and sentence but leave was granted to by us only in respect of the sentence, particularly, in view of the old age of appellant No. 1, Hasan Ali. 2. The allegation again......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....‑sheet in GR Case No. 76 of 1986, on the prayer of the wife of accused Mukhlesur Rahman, petitioner before us, one Moksedul Islam, Assistant Superintendent of Police Criminal Investigation Department, Comilla Camp submitted a preliminary report to the effect that the Criminal Investigation......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....ntiment was created against him because be was a member of the minority community. 4. On 20.3.93 while the detenu was giving lecture in the Bandar Institute for the orientation of new employees as part of his job he was summoned by the Chairman of the Port Authority over phone and handed over an ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At the relevant time, in the 'seventies' he had a partnership business with one Asgar Hossain Khondkar who resides in Dhaka, and whenever he visited ......learned Counsel for the respondent, has replied that neither the deposit of the contract, nor the time limit of 15 days is of essence of the contract. This term, he argues, relates to the manner of payment of the balance and that it has nothing to do with the specific performance of the contract ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....t the instance of defendant No. 6, is directed against the judgment and decree of the High Court Division passed in Civil Revision No. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
.... the gift is valid but the conditions are void. However, where the intention of the maker of the gift is to transfer the usufruct of the property then in that case a limited interest is created for a particular time and, therefore, conditions can be attached to it such as the reversion of the proper......d Aser Mondal got 6 annas share. The heirs of Aser Mondal sold 0.50 acres of land to the contesting defendant by a registered document dated 10.1.69 and the said defendant is in possession thereof on payment of rent. The plaintiff had no right, title, interest and possession in respect of 0.50 acres......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
State Vs. MA Malik, 1995, 24 CLC (AD)
....de the finding with an eye on section 497(1) Cr.P.C. for the purpose of bail only. This finding also answers the second submission made on behalf of the State. The learned Judges after noticing the particular facts of the case observed: "Thus not only there is in our view good ......of the Parliament. On 17.3.1992 the respondent went to her paternal house at Sylhet where she was then residing. At about 10 O' Clock in the night in course of exchange of words on the question of payment of dowry the respondent became infuriated and physically assaulted her and attempted to kil......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ed lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, DIT, now RAJUK. 3. The appellant's Housing Project, Mohua, is within the Master Pla......the Government decided to acquire land under section 4 of the Ordinance, and accordingly, after undergoing all necessary procedures required for acquisition of land under the said Ordinance and after payment of necessary compensation to the real owners of the land, acquired the same in LA Case Nos. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....is Alam, Advocate was accordingly appointed, who filed his report on 27.10.90. Mr. Idris Alam stated in his report that he inspected the suit property at 3 PM on 25.10.90 after having informed the parties through their respective lawyers and the suit land was identified with the assistance of th......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... the possession of the appellant in the suit land. 3. The deceased defendant Habiba Banu and respondent Nos. 1 and 2 filing written statements contended that the appellant having not performed his part of the contract within the time stipulated and time being of the essence of the contract was no......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....o her house at Jessore and filed the petition of complaint on 3-9-87 under sections 363/342/357/379 of the Penal Code. The respondent was summoned by the learned Magistrate and after hearing both the parties and their Advocates the learned Magistrate discharged the respondent under section 241A CrPC......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
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