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BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......2000 which was summarily rejected by the impugned judgment.  3. Mr. Hefzul Bari, learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not holding that the retirement has not been covered under section 25(l) of the Employment of Labour (S..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......at there being no unintentional delay on the part of the petitioner (Privatization Board) in handing over possession of the enterprise to the respondent No. 1, the High Court Division was in error in holding that the petitioner was responsible for the breach of the contract, that the High Court Divi..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......low. In cancelling bail on allowing Miscellaneous Case Sessions Judge held that it stood proved that the accused-petitioner held meeting on 3‑5‑2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting might be termed as threat to prosecution witnesses and petitioner misused ..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal of the suit. 4. On taking evidence the learned SCC Judge decreed the suit holding that the plaintiff bonafide required the suit premises for his unemployed son and the defend..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......ed before the High Court Division for substitution of the heirs and representatives of those deceased persons but the High Court Division by order dated 23‑5‑1999 rejected the application holding that there was no prayer for setting aside the abatement and no separate application was fil..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......00 of 1996 upon a revisional application under section 25 of the Small Cause Courts Act. By the judgment and order dated 13-8-1998 a learned Single Judge of High Court Division made the Rule absolute holding, "From the findings and decision of the Court it is not clear whether the defendants de..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ......ion-petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be malafide one.   5. It appears that the Corporation initially ..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......slima’s mother-in-law on an occasion pressed the neck of Taslima; that the informant took his sister Taslima to his house and that for 7 months Taslima Begum was in her parents’ house, that after holding of a Salish informant’s sister went back to the house of her husband; that in the Salish i..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......d in observing that a word like "etc." has been dropped after the words "fixed deposit" occurring in the order of the Senior Appellate Joint Com­missioner of Taxes and that, for that rea­son, in holding that the Senior Appellate Joint Commissioner Uphold the action of the Deputy Commissioner o..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151....... of issuance of the Rule operation of the order of the Labour Court and the connected registration certificate were stayed and that the order of stay being effective till today there was no scope for holding election for electing Office bearers of the Union and, as such, Mr. Abu Taher Chowdhury’s ..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ......ith the day-to-day function of either Board in an individual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerned Ministr..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......nded to arrest him he should be released by the District Magistrate if a bail bond is furnished to his satisfaction.” The above order was ultimately set aside by the Federal Court holding that the custody is a condition precedent to the granting of bail. Their Lordships of the F..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ...... Police Station Mollahat District Bagerhat, at that time accused Younus Ali and his companions Enayet Sarder and Hasan Sarder came in the house of Akbor Hossain and tried to kidnap the informant upon holding out threat of killing her husband, who is serving in the office of Deputy Inspector General ..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ication Act, 1937), which is as follows: “2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal p......t did not reduce the amount of maintenance of plaintiff No 1. The learned District Judge deleted Taka 2,000.00 claimed to have been spent by plaintiff No I at the time of the birth of plaintiff No.2, holding that the Family Court Ordinance did not provide for realisation of any such amount. The tota..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......e-A) on 31-10-93. The respondent No.3 showed the petitioner an anonymous letter alleging, inter alia, that the petitioner had smuggled moneys out of the country. The said letter mentioned the sale of holding No.77. Motijheel Commercial Area Dhaka (where the petitioner’s chamber is situated) an..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ...... that the election result of the Managing Committee declared on 9-11-1995 showing respondent Nos. 3 and 4 to have been elected from the founder and donors category was not cancelled and, as such, the holding of a fresh poll for that category on 18-12-95 declaring Mr. Altafuddin Khan and Mr. Shamsul ..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......itioners’ aforesaid application under section 151 of the Code of Civil Procedure for amendment of schedule of the plaint and a corresponding amendment in the application for execution of the decree holding that such an application is not maintainable in law. It is against this order the petitioner..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......d due to diarrhoea has no basis and from medical evidence we find that her death was due to asphyxia caused by strangulation which was ante mortem and homicidal in nature. So we have no hesitation in holding that death of the victim was not due to any illness but was due to injury sustained by her. ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......of 1991 of the (new) Court of Subordinate Judge, Narayanganj and the moot question for consideration is whether the trail court and the High Court Division in appeal, FA No. 63 of 1992, were right in holding that the defendant had accepted the offer of the plaintiff respondents to purchase the dispu..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......was transmitted to the Senior Special Judge and it was lying with the Chief Metropolitan Magistrate. 15. In that view of the matter, we are of the opinion that the CID committed no error of law in holding further investigation as per provisions of section 173(3B) of the CrPC. Had further investig..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67