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M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......e duration of the illness and the relationship of the illness with the nature of job performed by him and has rightly come to a conclusion as to his further usefulness in service bona fide on records. The use of power by the employer cannot be hedged with interpretative conditions whic......l certificate. It became clear to the appellant that respondent No.2 was unable to resume his duty since 26-9-80 because of his continued ill-health. Consequently the appellant discharged him from service by a letter dated 6-3-81 under section 16 of the Employment of Labour (standing Orders) Act..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ...... into a Court of Appeal and in reversing the decision of the Court of settlement without coming to the conclusion that its decision is vitiated by any error of law apparent on the face of the record, secondly, that the High Court Division not having found that the Court of Settlement a......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......tion would not exceed 100 big has. 3. Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not been made parties and that the property which was transferred by ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......strict Judge to set aside whether appellant was benefited by sufficient cause in appearing before him when the appeal was called on for hearing. It is also contended that from the evidence on record it appeared that the appellant was not prevented by sufficient cause. Mr. Wahhab Mian s......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....rovision of Section 7(2) (f) of the Ordinance envisages that a candidate for Chairman or member of the Union Parishad will be disqualified if the candidate is a party to a contract for work done or goods to be supplied to the union Parishad or has otherwise pecuniary interest in its affair o......ler in essential commodities appointed by the Government; 10. We have heard the submissions made by the learned Counsel of the parties. In the instant case, we find from the record that a fund of Tk. 50,000/- was provided by the Upazila Development and Coordination Committ.....................; (c).....................................; (d).....................................; (e) he holds any full-time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or ..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......ase and prepared sketch map and index specifying the vacant land of Most. Fatikernnesa as the place of occurrence, sent the dead body of deceased Ruhul Amin to morgue for autopsy, seized alamots, recorded statement of witnesses under Section 161 of the Code of Criminal Procedure and on completi......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......ul Huq and Aynul Huq, the petitioner Nos. 3 and 4 in the above case who are the appellant Nos. 2 and 3 herein, were born in Bangladesh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh with his family as citizens thereof and whi..Category: Property Law | Date: | Hits: 30
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......eave to Appeal. 4. It may be mentioned that this review petition has not been filed as because there is an error in the judgment, sought to be reviewed, which is apparent on the face of the record or that on the ground of discovery of new and important materials or evidence which could no...... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ..Category: Criminal Law | Date: | Hits: 38
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......it petitioner was arbitrary and without lawful authority. 5. In view of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed.......that the Governing Body of Alhaj Mokbul Hossain College appointed the writ petitioner as the Principal of the said college with effect from 06.06.1999 and on completion of two years of satisfactory service, he was confirmed as Principal of the College on 15.11.2001. Thereafter with the change of ..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ent of Tk. 30,000/- disclosing that he is in danger and the defendant's wife on receipt of the letter handed over Tk. 12,000/- in cash to letter bearer and also handed over a table fan, tape recorder for raising fund by sale of those items and the wife was also taken to the place, where th...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......ts Judgment April 27, 2009. Case Referred To- Kamml Hasan Vs. Bangladesh and others, 49 DLR (AD) (1997) 44. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-record- For the Petitioners. Md. Bashir Uddin Zindigir, Advocate (Appeari......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ot caused on any vital organ of the deceased. From this it can be validly inferred that the accused respondent did not have the intention to kill the deceased but he had the intention to give him a good beating which he knew to be likely to cause the death to the deceased. In that view of the ma......n the appellant State filed Criminal Petition for Leave to Appeal No.17 of 1996 only against the accused respondent. 5. Leave was granted to consider whether delayed lodgment of FIR, recording of confession after prolonged detention in police custody of the accused respondent and t...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......ses. In this regard reference may be made to 48 DLR (AD) 6, 49 DLR (AD) 116 and 60 DLR (AD) 90. 8. The High Court Division therefore upon correct assessment of the legal position and materials on record arrived at a correct decision. Hence we do not find any reason to interfere with the same. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......thers..... Respondents Judgment February 2, 2009. Result: The appeal is allowed. Lawyers Involved: Mrs. Naima Haider, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the appellants. Muhammad Nawab Ali, Advocate-on-record-for the Respondent No. 2. No......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......yat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect. 3. The case of the plaintiff, in......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......one son, Abdur Rahman and one daughter, Amirjan as his legal heirs and successors. Defendant No. 8 Ful Mehar Bibi was one of daughters of Amirjan, daughter of Shaikh Nazimuddin. 8. It is on record that Ful Meher Bibi was one of the principal defendants in the suit. It is also undisputed t......Bibi was married more than forty years back and since then she had been residing at her husband's house. But the plaintiff respondents fraudulently obtained the ex parte decree in question showing service of summons upon her by hanging at her paternal house instead of serving it at her husband's..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......rgadars. In a portion of schedule 'B' lands plaintiffs have erected huts where their caretaker Shamsuddin along with some cook reside. During R.S. operation upto draft publication the suit land was recorded in the names of the plaintiffs and pro forma defendants. Thereafter, the defendants filed o......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......tice under Section 25(1) (a) of the Act he instituted Complaint Case No.11 of 1990 in the Labour Court, Khulna under Section 25 (b) thereof stating, inter alia, that till 1985 he had a fair service record. In 1986 his mother died and his younger brother also died in a serious accident. Due to se...... discharging the Rule. 2. Respondent No. 2 was a permanent senior clerk of the appellant's mill. Due to his physical incapacity the mill authority on 27.12.89 discharged him from service under Section 16 of the Employment of Labour (Standing Orders) Act, 1965 briefly, "the..Category: Employment/Service Law | Date: | Hits: 100
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