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BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....vities and that their successful guidance made the union raise an industrial dispute on 10.1.2000 to the employer and under their able guidance, a 5-point charter of demands was settled by signing an agreement on 24.6.2000. As a result, the workers achieved desired salary rise with arrears and the r...... Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and a......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....d on 3‑5‑67. Respondent No.4 and her sons mortgaged the case holding with House Building Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to sell the properties in question and on her failure to grant sale de......¦â€¦â€¦â€¦Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank ......and her sons mortgaged the case holding with House Building Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to sell the properties in question and on her failure to grant sale deed the petitioner instituted Titl..Category: Property Law | Date: | Hits: 107
....quired 99 years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kathas of land by virtue of standard agreement for lease which was entered into in between the Government of erstwhile East Pakistan and ......………………Respondents
Judgment
June 27, 1996.
Result:
The Rule is made absolute.
Lawyers Involved:
KS Nabi, Advocate ‑ For the Petitioner.
Md. Serajul Huq, Assistant Attorney‑General - For Respondent No. 1.
Writ Petition No.2465 of 1992.
Judgment
Md. Mozamm......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
..
Category: Property Law | Date: | Hits: 119
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....ission advanced by the learned Counsel for the above opposite parties, however, I have gone through the decisions reported in 6 BLD (AD) 201, 55 DLR (HCD) 17, as referred by him, I am in respectÂful agreement, with the principle enunciated therein but the facts leading to those cases are quite dist......ill in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of the facts of the plaint. ………………………(15) Cases Referred to- Hanif Ali......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
.... judgment debtor…………………….(14)
Jurisdiction of Courts
The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigation or of their lawyers…………(21)
......€¦â€¦â€¦â€¦Award-holder-Petitioner
Vs.
Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party
Judgment
June 7, 2010.
Result:
The Rule is made absolute.
......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....unpaid, either because of the amount of money standing to the credit of that account is insufficient to dis-honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence andshall, wi......n (Dhanu)......................Petitioner Vs. State and another......................Opposite Parties Judgment February 11, 2010. Result: The Rule is discharged. Cases Referred to- Jahid Faisal Vs. Bangladesh, 14 BLC at page 250; Zahid Hossain Vs. State, 61 DLR 386; Ali Akk......ions case No.553 of 2006. 3. The complaint case, in short, is that complainant is a businessÂman doing business in Mymensingh who is the owner of New Al Madina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....lities were complied with and even the buyers' Agents in Bangladesh had certified for exporting the goods treating its quality, quantity and all other matters in accordance with the provisions of the agreement. Further, Mr. Rafiq‑ul Huq submits that when the objections were raised an when the peti....... Controller of Imports and Exports and others………………………………………Respondents Judgment February 24, 1997. Result: The Rule is made absolute. Cases Referred to- Authorised Officer of DIT Vs. Abdul Wadud Mallick, 20 DLR (SC) 229; Commissioner of Police Bo......s instructed to take punitive action against the petitioners resulting in closure of all banking facilities enjoyed by the petitioners with Rupali Bank Ltd. Further, the petitioners were compelled to sell stock lot of shrimp valuing Taka 4.29 crore in the local market by sustaining a loss of Taka 2...Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lal......of 1987 against defendant No.2 and two other persons for permanent injunction. Defendant No.2 was found by the Court to have life estate in the land sold and accordingly was adjudged not competent to sell the same except for legal necessity. Notwithstanding the verdict of the Court to the contrar..Category: Property Law | Date: | Hits: 107
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....LR 361 wherein their Lordships held that the principles of wavier, estoppel and acquiescence are applicable to pre‑emption case under given circumstances and on convincing proof. I am in respectful agreement with the principle of law enunciated by their Lordships in the cited cases but since the f......……………………Petitioner Vs. Abdul Khaleque and others……………………Opposite Parties Judgment February 4, 1998. Result: The Rule is discharged. Cases Referred to- Akhlasur Rahman and others Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. ......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......€¦â€¦â€¦Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: The Rule is discharged. Case Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Siraj...... that the case of the plaintiffs is that Sultan Mahmud of village Charkali, PS Companygonj District Noakhali retired from service in 1970 and in 1971 while he fell in financial crisis, he proposed to sell the lands measÂuring an area 6.54 acres of land described in the schedule of the plaint to his..Category: Procedural Law | Date: | Hits: 110
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....ed that a Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit of specific five matters including maintenance. (underlined by us) 10. We are, therefore, in full agreement with the decision of the Division Bench reported in 47 DLR 18 wherein it has been held tha......€¦â€¦â€¦â€¦â€¦Petitioner Vs. Rashida Begum and another……………………………Opposite Parties Judgment December 12, 1995. Result: The Rule is discharged. Cases Referred to- 42 DLR 450; 47 DLR 18; 1971 SCMR 150; PLD 190 SC 197; PLD 1969 SC 187; 1971 SCMR 150. Lawy......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..Category: Family Law | Date: | Hits: 133
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....ontentions advanced by the learned Counsel for the petitioner are not correct exposition of law, however, I have gone through the decision reported in 27 DLR 72 as referred by him. I am in respectful agreement with the principles enunciated therein but the facts leading to that case is distinguishab......€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Most. Mazeda Begum and others…………………………Opposite Parties Judgment August 18, 2009. Result: The Rule is discharged. Case Referred to- Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md.......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....Âther order or orders passed as to this Court may seem fit and proper. A further Rule Nisi issued in Writ Petition No.2669 of 2000 callÂing upon the Respondents to show cause as to why the impugned agreement dated 2 December 1997 (being the Chittagong Hill Tracts Peace Accord) signed by the Conven......s) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissi......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
....SC) 17 is on the Standing Orders Act, others are not and in that case it has been held that during the period of probation both parties had liberty to decide whether they would substitute probational agreement between them by a contract of permanent service or not. The probationary period referred t......upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
K M Hasan J
Md. Fazlul Haque J
Bangladesh Film Development Corporation, represenÂted by the Managing Director ……………………………….Petitioner
Vs.
Chairman, 1st Labour Court, Dhaka and ......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....ation of the name of the defendants No.4-6 and the payment of LD Tax and the holding tax, approval of the building plan shall have no implication upon the question of law that if a person executed an agreement of sale of land he must not be allowed to avoid the said agreement on any plea. In the ins......ikh Village, Post Office and Police Station-Pirojpur, District-Pirojpur.........................Plaintiff-Respondent-Petitioner Vs. 1. (Ka). Md Rafiqul Islam (Jwell), 1(Kha). Mofizur Rahman (Milton), 1(Ga). Md. Hafizur Rahman (Salim), 1(Gha). Md. Shafiqul Islam (Faruque), 1(Uma). Md. Humayun K......the suit property under him. The plaintiff came to a contract for purÂchase of the said property at a consideraÂtion of Taka 22,000.00 and a Bainapatra was executed on 02.4.1979 upon which the said seller Raja Kha obtained baina money of Taka 17,000.00 out of the conÂsideration money and handed o..Category: Property Law | Date: | Hits: 119
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....d registering deeds by the bank one on 19.8.2009,and another in the form of rectification of the earlier deed dated 15.4.2010 transÂferring other land than that of the land scheduled in the deeds of agreement? d) Whether section 20 of the Artha Rin Adalat Ain, 2003 has got any manner of applicat............................Petitioners Vs. Al-Arafa Islami Bank Ltd. and others ..................Opposite Parties Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar ...... land in auction. Ultimately, the executing Court issued a Certificate under section 33(5) of the Artha Rin Adalat Ain, 2003 in favour of the opposite party No.1 for posÂsessing or mortgaging or for selling out the property just to realisation of debt. The bank, (opposite party No.1) being so empow..Category: Civil Law | Date: | Hits: 112
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
.... The petitioner, Eddystone Broadcast, is a comÂpany incorporated under the Companies Act, 1985 with the Registrar of Companies for England and Wales. The petitioner entered into a commercial agency agreement with ASBL International Division on 13-3-2007 and appointed ASBL International Division as......his Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......€¦â€¦â€¦.Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State...... Ali and a receipt was executed in this connection which he attested. In cross‑examination he stated that the sale of the Honda took place after Eid, that the transaction took place at the house of seller Somed Ali at village Nowdapara, then he said that he did not see the sale actually but signed..Category: Criminal Law | Date: | Hits: 131
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....ed the present Rule. 6. Mr. Nakib Saiful Islam, the learned Advocate appearing for the accused-petitionÂer submits that both that both the petitioners of a business concern and there is a deed of agreement between them and that the money as claimed to have been given by the informant to the accu......€¦â€¦â€¦â€¦â€¦â€¦â€¦Accused-Petitioner Vs. The State and anothÂer……………………Opposite Parties Judgment August 3, 2009. Result: The Rule is discharged. Cases Referred to- Khijir Haider and others Vs. The State, 13 MLR (AD) (2008) 157; Nazrul Islam Vs. The State, 1......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....lementary Affidavit dated 6.1.2008: (a) Remove the respondent No.2 as Managing Director of the Respondent No.1 Company and appoint Petitioner No.1 as Managing Director in his place; (b) Set aside the agreement dated 14.9.2007 executed between the Respondent No.1 Company and Mujibur Rahman, proprieto......he same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......thout a confirmation of such sale by this Court (Annexure-T of the Supplementary Affidavit). Given that the BOD had authorized the Respondent No.2 Managing Director along with any other direcÂtor to sell spaces for shops on the said floors at a meeting of the BOD held on 27.11.2004 in which, among ..Category: Company Law | Date: | Hits: 177
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