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Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... are not in a managerial capacity, are workers but it was not so found in the case of the employees of Kumudini Hospital or the Cholera Laborator (43 DLR 655) and also in case of the employees of the Dhaka Improvement Trust (34 DLR (AD) 37). We want to consider the Labour Legislations not in isolati...... 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.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, which allowed an application of a third party for addition. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ce Lawyer. Death Reference No. 47 of 2001 with Jail Appeal No. 3881 of 2001. Judgment SK Sinha J. - This reference under section 374 CrPC read with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman B..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....te‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 57 of 2002).  Judgment       &......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....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. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Govern......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... with a period of four (4) months of the knowledge of sale. B) Pre-emptor got not more than 4/5 Bighas of land. C) Agreement was unregistered one and stamp of agreement was purchased from Dhaka on 26.6.1997 whereas revenue paper and Affidavit for the purpose of sale deed had been purcha...... 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)

....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. ......nce No. 3 of 2002 with Criminal Appeal No. 242 of 2002 and Jail Appeal No. 63 of 2002. Judgment SK Sinha J. - This reference under section 25(sic) (section 29) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 read with section 374 Cr.P.C. has been made by the Judge (District &..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....d decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed o......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....e as to why the proceeding of GR Case No.382 of 2000 arising out of Dhanmondi PS Case No.49(2) 2000 under sections 315/316 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is tha......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

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....March 1, 2003 of a Division Bench of the High Court Division in Writ Petition No. 2807 of 2002 discharging the Rule obtained against the judgment and order dated May 11, 2002 of the 2nd Labour Court, Dhaka in Appeal No. 13 of 2001 making direction to the Registrar of Trade Unions to register Writ re......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

.... Diseases and Hospital and she is also an office bearer and representative of the Nurses Association. The petitioner was transferred from National Institute of Cardio Vascular Disease and Hospital, Dhaka to the Health Complex, Tajumuddin, Bhola in the vacant post of Senior Staff Nurse and she was......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

.... No. 199 of 1999 thereby discharging the accused‑respondent from the case setting aside the judgment and order dated 15‑3‑1999 passed by the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No. 553 of 1999. 3. The appellant filed the complaint case i......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....t the impugned judgment and order of the High Court Division passed in FMA No. 302 of 2003 dismissing the appeal against the order dated 29‑5‑2003 passed by the Joint District Judge, fifth Court, Dhaka in Title suit No. 48 of 2003 vacating the ad interim order of injunction on an off- date witho......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)

....ansparency in the process of evaluation by Tender Committee nor any malafide in awarding contract writ petition is not maintainable..............(50) Cases Referred to- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Hyundai Corporation Vs. Sumikin ...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ent to Ice Factory of condemned‑prisoner Ershad Ali Sikder. Monir (PW 3) along with his companions deceased Khaled Syed Chainul Islam Chayan (PW 4), Mohammad Ali (PW 5) in a private car bearing No. Dhaka Metro Ga‑ 12‑9171 and motor cycle‑Suzuki 125 Khulna Metro‑Ha 11‑303 proceeded toward......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

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....Civil Order No. 1960 of 2000 summarily rejecting the appellants' revisional application against the judgment and decree dated 28‑7‑1999 passed by the learned Additional District Judge, 2nd Court, Dhaka in Title Appeal No. 121 of 1999 reversing the judgment and decree dated 8­2-1999 passed by th......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: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....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. ......ook poison. Rehana Begum, was carried to hospital. Her stomach was washed and no poison was found in the stomach. 6. Md. Awal Fakir having been indicted for offence of section 6(2) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain of 1995 (for short the Ain of 1995) faced trial before Na..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....m the date of receipt of the impugned order.  2. Respondent No. 1 as the writ‑petitioner filed the above writ petition impugning listing of holding No. 9/28, Block C, Mohammadpur, Dhaka in "Ka" list of the abandoned property published in the Bangladesh Gazette dated 3&...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....l) Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....ision dated 2‑10­1992. Thereafter, the respondent No.2 filed Complaint Case No. 122 of 1992 under section 25(1)(b) of the said Act before the respondent No.2, Chairman, 2nd Labour Court, Dhaka challenging the order of his discharge from service dated 2‑10‑1992 passed by app......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. ..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106