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Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....f the articles as well as law. 7. Respondent No.3 to 7 however, opposed the application by filing an affidavit-in-opposition. 8. In the affidavit, it is stated that the company was brought into existence after taking over the business and assets of the partnership firm, C A Hamid and Company. ......roup of Publications Limited Vs. Arab Bangladesh Bank, 50 DLR 597; Dr. Monjurul Islam Vs. Al-Rajhi Hospital (Pvt.) Limited and others, (2004) 1 LG 46; In re Homer District Consolidated Gold Mines, Ex parte Smith (1888) Vol. XXXIX, Ch 546; In re Sly Spink & Co, (1911) 2 Ch. 430. 14. Mr. Shami......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....Subsequently, the pre‑emptors filed MisÂcellaneous Case No.39 of 2001 under Order IX, rule 9 of the Code of Civil Procedure for restoration of Miscellaneous Case No.5 of 1998. The trial Court upon exanimation of witness by order dated 30‑1‑2001 allowed Miscellaneous Case No.39 of 2001 and res......der IX, rule 9 of the Code of Civil Procedure. This provision for restoration is an alternate provision available to a plaintiff or a petitioner to get rid of an order of dismissal of a suit by an ex parte decree or dismissal of a proceeding by an ex parte order. It is not therefore, the intentio......e-emptees, the Miscellaneous case was not filed by pre‑emptor Nos.1, 2, 4, 5, 6 and 7 and their signatures in the vokalatnama and Miscellaneous application were forged and fabricated and prayed for dismissal of the case. 4. Aforesaid Miscellaneous Case No.5 of 1998 was fixed for peremptory hear..Category: Property Law | Date: | Hits: 52
.... of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection and survey of export and import cargoes. The company was appointed one of the three PSI agents through an internat......tations by the petitioner, the Appellate Tribunal by its notice dated 20‑8‑2002 directed the petitioner to deposit 10% of the penalty by 25‑8Â-2002 otherwise the appeal would be disposed of ex parte as not acceptable. On receipt of the notice, the petitioner again on 25‑8‑2002 addressed a...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... 6‑6‑1993 for misappropriation of Taka 2,107.68 by over writing interpolation and falsifying the medical prescriptions given to him by company's doctor. The plaintiff-opposite party submitted his explanation to the said charge-sheet by his letter dated 16‑6‑1993 in which he admitted the alle...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......so those were rejected. There was no illegality in the action taken by the defendant petitioner-company against plaintiff-opposite party No. 1. With these assertions the petitioner-company prayed for dismissal of the suit. 4. The plaintiff examined 1 PW and the defendant examined 1 DW. The learne..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....spondent No. 2 since his appointment had been discharging his duty with honesty and sincerity, but he was dismissed from service by letter dated 22‑1‑1997 in the garb of termination in colourable exercise of authority. Respondent No. 2 was, in fact, victimised for his trade union activities as h...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......er-Company contested the said complaint case by filing a written statement denying the material allegations contending, inter alia, that the case was not maintainable in law as it was not the case of dismissal, but a case of termination simpliciter under section 19 of the Employment of Labour (Stand..Category: Labour and Industrial Law | Date: | Hits: 152
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....he plaintiff-Bank to return his deed relating to "B-schedule" property of the plaint and as such the suit is liable to be dismissed with cost. 4. At the trial the plaintiff-Bank (respondent No. 1) examined as many as 4 (four) witnesses and only contesting defendant No. 3 examined in all 3(three) ......es and other materials on record arrived at a finding that the plaintiff-bank is entitled to get a decree as prayed for and accordingly, decreed the suit against the defendant No. 3 on contest and ex-parte against the defendant Nos.1 and 2 by his judgment and decree dated 23.11.1999 (decree signed o......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
....to try the suit.
The present Rule and the order of ad interim inÂjunction passed by this Court on 23.11.88 arise out of the said order.
4. In this application the petitioner stated that before expiry of the time allowed to the Registrar of the Trade Union under section 8 of the Industrial ReÂ...... will not be able to vindicate their grievances, if any, through any Collective Bargaining Agent.
This application is allowed on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported i......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....loyment of Labour (Standing Orders) Act. Section 2(K) as follows:- “'Labour Court' means a Court constituted under the Industrial Disputes Ordinance, 1969." 11. Although the same Labour Court exercises jurisdiction under the Employment of Labour (StandÂing Orders) Act and the Industrial Rel......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......ice under secÂtion 17(3)(g) of the Employment of Labour (StandÂing Orders) Act, 1965. He filed a case before the LaÂbour Court, Rajshahi under section 25 of the said Act for a declaration that the dismissal order is illeÂgal and without jurisdiction and for re-instatement. In that case the juris..Category: Labour and Industrial Law | Date: | Hits: 177
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
.... be constituted as a security as contemplated under section 33 of the Arbitration Act. Placing Order 25 of rule 1, Order 38 rule 5 and Order 41 rule 5 of the Code of Civil Procedure as well as the indexes, Mr. Ahmed argued that this alleged security may at best be a promise but this, cannot be const......ute the security bond and filed the same before the learned Subordinate Judge. 12. Mr. Bhuiyan lastly submitted that an amount of Taka 4 crore is involved in the matter and the award was passed ex parte and if this security bond is not accepted the Board will suffer huge loss. Mr. Khandker Mahbub......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
....ngladesh calls upon the reÂspondents to show cause why the judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be deÂclared to have been made without any lawful authoriÂty and to be of no l......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
...... First Labour Court, Dhaka against the Project Manager, BanglaÂdesh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By ..
Category: Labour and Industrial Law | Date: | Hits: 192
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....pending disposal of the appeal can hardly be questioned. 8. Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate for the petitioner submits that an ad-interim order once passed by the trial Court ex parte should not be interfered with by the appellate Court during pendency of the appeal without ......ding disposal of the appeal can hardly be questioned. 8. Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate for the petitioner submits that an ad-interim order once passed by the trial Court ex parte should not be interfered with by the appellate Court during pendency of the appeal without hea......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ..Category: Civil Law | Date: | Hits: 87
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....ecessor-in-interest of the opposite parties for specific performance of a contract in respect of some landed properties situated in Barisal town. The defendant did not appear and the suit was decreed ex parte on 4.3.72. On 24.3.72 deÂfendant Hara Mohan Das filed the Miscellaneous case No.23 of 1972......ssor-in-interest of the opposite parties for specific performance of a contract in respect of some landed properties situated in Barisal town. The defendant did not appear and the suit was decreed ex parte on 4.3.72. On 24.3.72 deÂfendant Hara Mohan Das filed the Miscellaneous case No.23 of 1972 un......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..Category: Procedural Law | Date: | Hits: 65
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....d conflicting decisions and to curb the multiplication of litigations over the same subject matter. In order to bring uniformity in the decision of this Court, we have decided to deal with the matter exhaustively for a future guidance. 4. As the points involve public importance, we have heard the......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......convict prefers an appeal, it is not automatically admitted in the manner of an appeal preferred against a decree under section 96 of the Code of Civil Procedure. The essential difference between the dismissal of an appeal under this section and its dismissal under section 423 is that in the latter ..Category: Criminal Law | Date: | Hits: 73
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....9-Â1996 removed him from service. Hence the suit is liable to be dismissed. 4. The suit came up for trial before the Court of learned Senior Assistant Judge. Begumgonj, Noakhali and the plaintiff examined 6 witnesses and the defendants examined 7 witnesses to prove their respective cases. 5. ......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......1999 respectively passed by learned Senior Assistant Judge, Begumgonj, Noakhali in Title Suit No. 119 of 1996 should not be set aside. The petitioner as plaintiff instituted a suit challenging the dismissal from his service. 2. The plaintiff’s case, in short, is that the plaintiff is the nig..Category: Employment/Service Law | Date: | Hits: 96
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mills Ltd Vs. ABM Kazi Nazrul Islam, 1987 BLD (AD) 182; Senior Manager, Dosta Textile Mills Ltd Vs. Sudhansu Bikash Nath, 40 DLR (AD) 45; The General Manager Sonali Bank and other......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......Terms and conditions of service prescribed by rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termination of service in substantial disregard of them will entitle the employee to a ..Category: Employment/Service Law | Date: | Hits: 174
....ur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Settlement in case No.668/88 (Annexure E annexed to the petition) shall also not be declared to have been passed without lawful autho......on thereof. On transfer of the Suit to the additional Court of Munsif, it was re‑numbered as Title Suit No.14 of 1986 and the learned Munsif decreed the suit for specific performance of contract ex parte against the original owner by the judgment and decree dated 26.7.1986. The petitioner obtained......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....or part owner of the ship is domiciled in England or Wales: Provided always that if in any such cause the plaintiff do not recover twenty pounds he shall not be entitled to any costs, charges, or expenses incurred by him therein, unless the judges shall certify that cause was fit one to be tried......acific Abeto and others 35 DLR 188 (AD). 16. Consequently, I recall the order of arrest and release the ship from arrest on the finding that the plaint was admitted without jurisdiction and the ex parte order of arrest of the vessel 'MT Dolores' was passed without jurisdiction. 17. I direct th......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
....on 22‑3‑90 including part of the first schedule land and that subsequently the first schedule land was de‑requisitioned in favour of the plaintiffs and possession was delivered on 10‑2‑2001 except the second schedule land and in spite of repeated request the Government did not take any ste......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......being the integral part of their land being plot No.5556 and not appertaining to plaintiff’s suit Dag No.5557 and they never dispossessed the plaintiffs from the second schedule land and prayed for dismissal of the suit.
5. The plaintiffs examined 3 P.Ws. and the defendant No.4 examined defenda..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....d by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into evidence on her side. On the other hand, 3 D.Ws. were examined and some rent receipts, a municipal tax receipt, an electricity bill, etc. were admitted in......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ...... suit with the finding that the plaintiff-appellant failed to prove the alleged oral gift and her title in the suit property on basis of the same. 6. Being aggrieved by that judgment and decree of dismissal of the suit the appellant preferred this appeal. The appeal has been contested by the resp..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....an No.55 in Mouza 55 Rampur, District Mymensingh stating that he got 7½ sataks of land from one Hamida under a Gift Deed No.5190 dated 8‑4‑1991 and another 7½ sataks of land under an Ewaj Deed (exchange) No.5573 dated 4‑5‑1991 with Salam, Fazlu and Nurunnahar and while in possession of the......e examined for the plaintiff as PWs 1, 6, 7 and 8 and the defendants were found absent on repeated calls and the suit was fixed on 24‑5‑1999 for order and on 24‑5‑1999 the suit was decreed ex parte directing the defendants to vacate the suit land within 30 days, by Mrs. Rokeya Begum, the lea......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..Category: Property Law | Date: | Hits: 80
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