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BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....yment of Labour (S.O.) Act, 1965 (VIII of 1965), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requi......8209; (1) Any individual worker including a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment who has a grievance in respect of any matter covered under this Act and intends to seek redress thereof under this section, shall observe the ......lding enquiry into the matter who fixed 8‑2‑1992 for enquiry, but the wife of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex parte and thereafter dismissed him from service on 26&#..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ion 13(1)(d) in Chapter I of Part II of the Ordinance relates to removal of Chairman or Commissioner from their respective office and the provision therein are self contained and, on the other hand, the provisions in sections 130‑135 are in Chapter I of Part V. The heading of the said......d in Writ Petition No. 5958 of 2003 summarily rejecting the same. The writ petition was filed impugning Memo, dated September 3, 2003 issued under the signature of Deputy Secretary (Pouro), Local Government Division of the Ministry of Local Government, Rural Development and Co‑operatives o......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....r, did not have any locus standi to file any case either under the provisions of the Industrial Relations Ordinance or even under the provisions of the Standing Orders Act, 1965.
9. On the other hand, Mr. Nesar Ahmed, the learned Advocate appearing on behalf of the respondent No.2, submits that......t is stated in the said affidavit-in-opposition that the respondent No.2 is a permanent employee of the petitioner-Corporation. He joined the service of the Corporation on 21-7-1967 as an orderly and over the years, rose to the position of a market inspector. He was placed under suspension on 31-5-1......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... amounts to debts and on refusal to pay the same the petitioners can maintain these applications. 6. Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent company, on the other hand, submits that these applications are not maintainable in view of the provisions as contained in......applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 9......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....ion in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the building situated at Holding No. 2...... Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, c......ring the aforesaid property as abandoned and also challenged the action of the Government inviting offers to sell the aforesaid property contending that the above holding was in effective control and management of the appellant since his purchase of the same from the original owner by sale deed regi..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ed during trial was that, on 13‑9‑1999 at about 11‑30 PM Tipu Sultan slept on western portico of a brick built house. Anjuara Khatun also slept in the house. Anjuara Khatun with a spade, in her hand laid three strikes aiming at throat. Two strikes fell down on mat and Arjuara Khatun made her m......ge. Second Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culpability of Anjuara Khatun put on witness box fourteen (14) witnesses. 8. Defence adopted was that over land dispute some other, persons killed Tipu Sultan. Innocence and false implication had been, ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....e east bhiti house, that about 5/6 days prior to the occurrence, he was kept in the same condition that he torched his wearing clothes at the junction of the Bazar when the people apprehended him and handed him over to his uncle Abdul Jabbar, that thereafter, he was tied and kept in the east bhiti h......i house, that about 5/6 days prior to the occurrence, he was kept in the same condition that he torched his wearing clothes at the junction of the Bazar when the people apprehended him and handed him over to his uncle Abdul Jabbar, that thereafter, he was tied and kept in the east bhiti house, that ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....onveyance cannot be treated or deemed to be a complete usufructuary mortgage……………..(15) Cases Referred to- Durga Choudhrain Vs. Jawahir Singh, 17 Indian Appeal 122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 30......or opposite party No.1. Civil Revision No.4822 of 2000. Judgment AK Badrul Huq J.- A Judgment of volte face recorded by learned Appellate Judge in Miscellaneous Appeal No.8 of 1999 overruling rendered by learned trail judge in Miscellaneous Case No.4 of 1989 laid under section 96...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....tate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mann......h it is conceivable might assist in arriving at truth. But that which has been eliminated has been considered to be of such doubtful value as on the whole to be more likely to disguise truth than discover it. It is, therefore, discarded for all purposes and in all circumstances. To allow a judge to ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....everal blows on different places of her body. It may be mentioned PWs 2, 5, 7, 11, 13 and 17 have stated that immediately after the incident the condemned prisoner was apprehended with a 'Dao' in his hand and at that time his 'ganji' was stained with blood. The High Court Division as well as the tri......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
.... contends that the proceeding being not in conformity with the provision of sections 315/316 of the Penal Code should be quashed. 4. The learned Counsel for the opposite party No.2, on the other hand, submits that the allegation as made in the first information report discloses prima facie offe......offence alleged to have been committed under sections 315/316 or 304A of the Penal Code in respect of the child born dead which, in fact, was the outcome of an offence due to criminal negligence. Moreover, the learned Magistrate who held judicial inquiry also found prima facie case against the accus......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
.... Parikalpana Samity vs. Paribar Parikalpana Samity Karmachari Union and others, 52 DLR 151, Kumudini Hospital vs. Kumudini Hospital Karmachari Union and others, 43 DLR 655.
Lawyers Involved:
Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. SR Khoshnabish, Advocate‑on‑ Reco......atutory foundation established by Act XXIII of 1999.
5. The writ petition was filed primarily contending that the object of the petitioner is to help the poor people of the society and to remove poverty and the same is not a profit making organisation. It was also the contention that fund of the......e Government. It has also been contended that petitioner charges high rate of interest from its loanees. It has lastly been contended that prior to absorption of the members of the Trade Union in the management of the petitioner, they were the employees of the Bangladesh Rural Development Board wher..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....ntainable as the petitioner is not an "aggrieved person" within the meaning of section 46 of the Act. It is also asserted that the petition is not maintainable as he has not come with clean hands and suppressed the material fact that against the application of the opposite party No.2 the p......9; in the aforesaid village- Sarai, Haragach, Police Station - Kaunia, District- Rangpur. The 'Biris' manufactured and marketed by the petitioner are of very high quality and very popular all over the country and since inception in the year 1960 the manufactured biris of the petitioner are t......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....sideration", in spite of the fact that the plaintiffs-petitioners have been using the brand name, logo and style. 'A & E Products' for producing and marketing the hangers since 1999, on the other hand, the defendants-respondents have been using the same brand name, logo and style, 'A & E Pro......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....e Appellants. Mahmudul Islam, Senior Advocate, Ziaur Rahman Khan, Advocate and Prober Neogi, Advocate with him), instructed by Md. Nawab Ali, Advocate‑on‑Record-for the Appellants. Khandker Mahbubuddin Ahmcd, Senior Advocate, M Zahir, Senior Advocate with him), instructed by Sufia ......vide US Dollar 42.20 million to implement Jamuna‑Meghna River Erosion Mitigation Project (JMREMP); that total estimated costs involvement for the project is 61 million US dollars, out of which the Government will bear roughly one third of the total costs; the project included river protection work...... : Hon'ble Minister, MoWR 25‑2‑2003 7. Thus while all the experienced professionals, both local and international, highest management of the BWDB and the MoWR including ADB management are fully convinced and concurred with ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....strar can be licensed. This rule has been formulated by taking into consideration the need to create greater employment opportunities for the large number of Moulanas and unemployed people on the one hand, and providing efficient service for registration of marriages and divorces to the growing popu......fringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Government of Bangladesh and others, 8 BLC 34; Kazi Md. Amirul Islam Vs. Secretary, Ministry of Law, ...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
.... PW 1) and when Monir disclosed his identity, he was allowed to proceed towards the ice factory of condemned‑prisoner Ershad Ali Sikder. Condemned prisoner Ershad Ali Sikder with a cut rifle in his hand and Faruque @ Jamai Faruque ad LM Liaquat Ali Lashkar and others about 40 in number approached ...... The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of the cases. Moreover, it should be remembered that for lack of motive, the ocular evidence of injured witnesses and......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
.... are quite distinguishable and those decisions are not applicable in the instant case.
8. Mr. Abdur Rob Chowdhury, the learned Senior Counsel, appearing for the plaintiff respondent, on the other hand, contended that respondent No. 1 was appointed as temporary junior Teacher on 5‑3‑1988 and ......chool authority to report Compliance of the order dated 5‑10‑1993, a, there was no compliance of the order of the Board, the recognition of the school was then withdrawn on 28‑7‑1994 and all Government benefits were stopped with effect from all these, 1‑8‑1994, that in spite of the plain......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....hirajul Sheikh, father of deceased Rehana Begum. PW 6 in evidence stated that on 7‑12‑1999 his daughter Rehana Begdm went on a visit to his elder daughter's house. c. Evidence of PW 8 Atish Khandker. PW 8 testified that deceased Rehana Begum was taken to hospital from house of Md. Awal Faki......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... law permits the Court to compare the signature of a person with his admitted signature. But it is safe and sound to leave the matter of examination of signature including thumb impression as well as hand writing to the expert or to the person specialized in the examination of signature, handwriting......arma vs Ariban Pishak Sharma and others AIR 1979 SC 1047; of 2000). Shivdeo Singh vs State of Punjab AIR 1963 SC 1909; State of Kerala vs PK Syed Akbar Sahib AIR 1988 SC 702; Azra Zaman Chowdhury vs Government of Bangladesh and others 34 DLR 247; Omar Faruk (Md) and others vs Government of Banglades......ondent Nos. 3 ) and 4) on June 6, 1994. The writ‑ respondent Nos. 3 and 4 executed a power of attorney in favour of the writ‑respondent No. 5 (respondent No. 9 in appeal No. 155 of 2000), for the management and disposal of the property and the said respondent upon obtaining permission for sale o..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
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