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Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......he principle of natural justice has been complied with or not and in disposing of the case the Labour Court is duty bound to arrive at a finding as to whether or not the law, that is, the aforesaid provisions, have been complied with or not. 12. In the instant case the Labour C..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ot in terms apply to proceedings in writ in the High Court Division under Article 102 of the Constitution. But the Court in its discretion can apply the principles as distinguished from the technical provisions of the Code of Civil Procedure to meet the exigencies of the situation in appropriate cas..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisions of order 21 rule 29 of the code of civil procedure can not be availed of by the petition..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ...... view of this conclusion, there is no hesitation in saying that though the Sessions Judge prematurely intervened and passed the order correctly and legally and any such irregularity is curable by the provisions in section 537 CrPC” (Para‑14). 12. In consideration of the principle enunci..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......enemy property, later on vested property. 14. It is seen from the judgment of the High Court Division that the said Division was of the view that RS record was prepared in terms of the provisions as are in Chapter IV of Part IV of the Act and thereupon expressed the view that presump..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......ladesh and his attendance could not be procured without much delay. Unless these facts are proved or brought to the notice of the Court, a medical report cannot be admitted in evidence in view of the provisions of section 509A of the Code of Criminal Procedure. 9. Next, as regards the s..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......instant application under section 561A of the Code of Criminal Procedure and obtained the present Rule. 5. Mr. Harunur Rashid, the learned Advocate for the petitioner, submits that in terms of the provisions of section 27 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 the Tribunal had the juri..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... other leased out plots. 31. Town Improvement Act, 1953 had undergone massive amendments by way of Town Improvement (Amendment) Act, 1987 which came into force on 30th April, 1987. 32. Relevant provisions of section 93A(1) and 93A(3) and 93A(4)(h) of The Act of 1953 before amendment by Town Im..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......14. Order VI rule 17 of the Code of Civil Procedure though is designed for amendment of pleadings but the provision of Order XXI rule 17(2) providing that where an application is amended under the provisions of sub‑rule (1), it shall be deemed to have been an application in accordance with..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....the price of Taka 48,00,000 per bigha whereas commercial plots were allotted at Taka 2,20,00,000 to Taka 2,31,00,000 per bigha. The High Court Division refused the relief sought for in the form of mandatory injunction. The High Court Division also has observed that in view of the provision of Ar......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......nce of renewal of the original lease or further agreement and the landlord accepted the rent- holding over of such premises by the tenant will be governed not by the original lease but by the general provisions of section 106 of the Act." In the decision reported in 22 DLR (SC) 360 it has ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ...... Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is t..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....1975 so as to vest the property in the Government under section 4 thereof treating the property to be an abandoned property under section 2(1) of the Order. 20. Similarly, no notice, which is a mandatory requirement under section 5(b) of the Ordinance No. 54 of 1985, was served on the person i......sh and there having been no verified pleading to the effect that they were stranded in Pakistan, the High Court Division relying on inadmissible piece of document and upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ petitioners are Bangl..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......id. He further submits that from a plain reading of the same order it appears that this Court had no jurisdiction whatsoever to pass such an order, which is in direct conflict with the provisions of the Requisition and Acquisition of Immovable Property Ordinance, 1982 inasmuch as that..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......e State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Sections 96(4) & 6(b) A co-applicant, if a co-sharer by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon h..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ically terminated whereas the Offer Letter states that the contract may be renewed after 5 years period and in the Appointment Letter it has been stated that the stewardesses will be appointed as per provisions mentioned in the Contract and Offer Letter and the, expressions renewal and re‑appointm..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......agistrate, Nabinagar Upazila, Brahmanbaria, stating that the appellant drove her away from conjugal home and married one Farida Begum without obtaining permission of the Arbitration Council as per provisions in section 6 of the Ordinance. 2. The appellant denied the allegations made..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......5(fifteen) months between two ordinary general meetings. Since incorporation in the year 1983, the company is holding its Annual General Meetings (AGM) regularly within time in accordance with the provisions of Article 60 of the Articles of Association of the company read with section 8 1 (1) of..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201