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M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ellant Vs. The Chairman, Second Labour Court and others……...Respondents Judgment August 26, 2003. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. ......ime. 12. Mr. Abdur Razzak, on the other hand, has invited our attention to the admitted fact that the appellant sent a grievance petition from the jail on 12.10.94. So, according to him the question of knowledge of the termination order on 3.12.94 does not arise at all. He has also taken ..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respondents Judgement August 16, 1998. Lawyers Involved: Sayyid Shahid Hussain, Advocate instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Korban...... re-instatement of respondent No.2 in service. 5. Against the said judgment of the Labour Court, the appellants moved the High Court Division under Article 102 of the Constitution calling in question the property of the judgment and order of the Labour Court and obtained a Rule Nisi, which..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... 6.97 acres). Notice under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of....... Briefly stated the facts are these. In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-66 respecting 46.92 acres of land of Mouza Faydabad including the disputed plot Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1......J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant......chasers from the heirs of the recorded tenants. The Additional Land Acquisition Officer, by the same order, directed that 'award' be prepared in the name of the appellant in respect of the plots in question and that if any body was aggrieved by the order might seek redress in the competent court ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......f a fire or subsequent demolition, aircraft or other aerial devices or articles dropped there from, thefts or attempts thereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone, volcanic eruption or other natural catastrophes. In any ......d shall be upon the insured." ...... the same went out of order on 2.12.88 at 11. P. M and repaired at Dhaka and restored again on 5.12.88. It was also examined whether the suit was barred under Clause 8(b) of the DOS Policy. On the question whether the public power supply was disrupted on 28.11.88 at 8.35 A.M. as claimed by the p..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......espondents is that though the post of Kanungo was upgraded to the second class gazetted post, the Ministry of Finance did not give effect to the proposed pay scale. In the meantime, the Ministry of land invited applications for appointing 106 Kanungos instead of implementing the decision of upgra......n: II ADC (2005) 87. ......as such the Government took steps for filling up the vacant posts. For the same purpose, the advertisement was made and steps were taken for recruitment of 106 kanungo. Father case is that the question of giving effect to the gazette notification regarding up gradation of the post of kanung..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....er passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 making the Rule absolute and directing the respondent No. 8 herein the Government of Bangladesh to deliver possession of the Plot No.3/1, Block-A, Lalmatia Housing Estate to the respondent Nos. 1-7 herein a...... dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case land to the predecessor of respondent Nos. 1-7 Abul Hashem Khan and the order contained in Memo No....... 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......s promise. 5. Thereafter the appellant Bazlur Rahman, filed writ petition No. 322 of 1977 challenging the order dated 14.2.77 whereby Government intimated its inability to allot the plot in question to the appellant. The predecessor of respondent Nos. 1-7 Abul Hashem Khan was respondent N..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....17. 09. 1994 which has been overlooked by the High Court Division and further submission that the charge-sheet itself discloses that the papers which were seized as alamats were recovered from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......vision in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......e of a Private Limited Company registered under the Companies Act, 1913 is a public servant within the meaning of section 2(b) of the Criminal Law Amendment Act, 1958. 7. The pertinent question for consideration in this matter is whether the managing Director or an employee of a Priv..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....hy;istered kabala dated 5.2.1944 who died leaving Sudamoni Saha as her son's widow and the said Sudamoni Saha sold the suit land to the plaintiff by a kabala dated 9.1.1978 and since then he is in possession of the same. Defendant's name having been wrongly recorded in the B.S. Khatian plai......fendant Sukada as the only heir of her father Probodh Chandra. (d) Exhibit-"C" rent receipts which contain the khatian number and Plot No. 7066 measuring .08 decimal of land as mentioned in the schedule of the plaint. (e) Misread and misconstrued the docu..........Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh, Advocate-on-Record - For the Appellant. Subrate Chowdhury,......sions 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: II ADC (2005) 54. ..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....tement denying all the material allegations made in the plaint and contended, inter alia, that defendant Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchange and the same was not a transaction of out and out sale. 4. ......le. 3. The defendant contested the suit by filing written statement denying all the material allegations made in the plaint and contended, inter alia, that defendant Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchan......allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......e mother of the minors was appointed their guardian. On mortgaging the property loan was obtained from the House Building Finance Corporation and the heirs of S.K. Rezvi constructed building in the land got by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein t......eview petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... of Settlement seeking release of the property from the list of abandoned property. The Respondent No. 4 also filed Settlement Case No. 525 of 1987 seeking release of the property of the holding in question. The Court of Settlement dismissed both the cases. 5. Thereupon the Respondent No. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....cquired .33 decimals of land from the disputed Plot No. 243 in a partition suit being Title Suit No. 46 of 1954 of the First Court of Subordinate Judge, Dhaka. The plaintiff's father while in possession of his share in the disputed Dag made a gift to the plaintiff of the suit land (.11 deci......mpur within P.S. Dhaka Cantonment. It was, inter alia, stated in the plaint that the schedule property originally belonged to Md. Azimuddin, father of the plaintiff who had acquired .33 decimals of land from the disputed Plot No. 243 in a partition suit being Title Suit No. 46 of 1954 of the......sts. Ed. This Case is also Reported in: II ADC (2005) 30. ...... sent for, were requested to assist the Court in the matter which they did ungrudgingly and, we must say, with an admirable thoroughness by producing a large number of decisions governing the question of amendment of plaint. Both of them submitted that having regard to the accepted and well..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....e original lessee left this country long back and his whereabouts were not known and the alleged transaction in between Ghalib Hossain and the respondent is a concocted one and that she was not in possession of the building at any point of time and was not evicted either. His further case is tha......dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/...... order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......a concocted one and that she was not in possession of the building at any point of time and was not evicted either. His further case is that Momtaj Begum was found in possession in the premises in question who instituted Title Suit No. 572 of 1982 in the 2nd Court of Subordinate Judge for specif..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....ecimals land of the suit plot and for permanent injunction restraining the defendant respondents permanently from disturbing the defendant respondents permanently from disturbing the peaceful possession of the plaintiff and her enjoyment of the suit land. 3. Plaintiff's case, in ...... record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land of the suit plot and for permanent injunction r......estored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......08.12.1998 passed by the High Court Division in Civil Revision No. 1029 of 1998.) Judgment Abu Sayeed Ahammed J.- This appeal by leave, is at the instance of the plaintiff calling in question the judgment and order dated 08.12.1998 of a Single Bench of the High Court Division in C..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... 97 and 98 of 1997 on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ petition on 25.8.92......and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the property situated at 156 and 157, Motijheel Commercial Area, Dhaka, comprising of 18 Kathas of land in his favour and then late Md. Serajuddin, with the permission of the Rajuk, constructed a b......pondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......nt were required to establish their title to the disputed premises before praying for a direction for mutation of their names and the writ jurisdiction was not the proper forms for deciding the question of title. Mutation could not be ordered without finding title with the writ petitioners a..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......cordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......orced at the time of opening of the Letter of Credit. 6. As against the aforesaid contention of the writ petitioner it was submitted on behalf of the respondent (in the writ petition) that question of acquiring vested right as was held in the case of Collector of Customs Vs. A. Hannan r..Category: Fiscal/Taxation Law | Date: | Hits: 74
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
.... of the Constitution. The government approved to construct Dohakul Union Parishad Building and directed to select a new site. The respondent No. 4 declared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad cal......er under Section 63 of the Union Parishad Manual; that the respondent No. 1 approved Sukhdeb Nagar and Khalish Mouza under the representation of respondent No. 4 which is a ditch and low lying land and not at all eligible for selection in any way under the instruction of the circular a......lso Reported in: VI ADC (2009) 297. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in the 2nd Court of the learned Subordinate Judge, Bagerhat for declaration of the Title confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alle......te Judge, Bagerhat for declaration of the Title confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alleging, inter alia, that the original land of the plaintiffs under R.S. and S.A. khatian is situated on the eastern side of the river Balo......petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......nsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the suit in question is maintainable under Order 1 Rule 1 of the Code of Civil Procedure as the plaintiffs cause..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....k.1,80,00,000/- by a payment order on 18.11.1992 in respect of "Gha" schedule property and also requested defendant No.1 to execute and register the saf-kabala deed and to hand over the. possession of the same to the plaintiff and the plaintiff thereafter on 23.11.1992 made a request t......nies Act, 1913 and is a recognized company and it had got commendable certificate from the Government as a foreign exchange earner and also got President's Medal and it is stated that the suit land originally belonged to a company which was a British Company incorporated in London as "R...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J ......20.06.1992 and the plaintiff deposited earnest money of Tk. 60,25,100/- as per terms and conditions of the tender and the plaintiff became the highest bidder in respect of the property in question and thereafter due to the pendency of a number of suits in different Courts some of the p..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....truction of the Dhaka-Narayanganj Diversion Road in L.A. Case No. 37/50-51. The suit property though acquired by the Government in 1951, the predecessor of the petitioners remained in actual physical possession of the same and still the plaintiff-petitioners have been possessing the suit property an......95. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally belonged to Ahadon Ali, whose name was recorded in C.S. Khatian. The suit land along with other lands was acquired by the Government temporarily for construction of the Dhaka......wed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......sh Vs. Jaheruddin reported in 1986 BLD (AD) 180 it was held as under: "Apparently, there has been delay in filing the appeal. Explanation for delay has been provided whose acceptability was in question, once before the District Judge who by accepting the explanation condoned the delay. Whil..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246........9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......rought within the net of law and to be dealt with in accordance with law. Had the writ petitioner been not seriously ill being a cancer patient, the result obtained upon resorting to the procedure in question would not have been allowed to enjoy. We are of the opinion that for the indiscreet act of ..Category: Criminal Law | Date: | Hits: 51
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