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.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......to get any relief under the law as provided for?
9. Upon consideration of all the points raised the Munsif came to the finding that the labour Court has been vested with the power to decide the dispute arising in respect of industrial dispute and the dispute as to service condition cannot be r..
Category: Labour and Industrial Law | Date: | Hits: 233
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ...... bearing in mind its object and purpose.’’(9). Further, para 10 of the aforesaid decision runs thus: "In Colquhoun Vs. Brooks (1889) 14 App. case 493 (496) Lord Herschell said: It is beyond dispute, too, that we are entitled and indeed bound, when construing the terms of any provision foun..Category: Civil Law | Date: | Hits: 169
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....ce over settlement of private disputes. (b) all election disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itself for their resolution. (c) almost invariably there will arise dispute over facts which cannot and should not...... (a) the real and larger of completion of free and fair election with rigorous promptitude for timely emergence and functioning of elective bodies must take precedence over settlement of private disputes. (b) all election disputes must wait pending completion of the election and be taken to ..Category: Election Law | Date: | Hits: 231
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....gment and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 implea...... the judgment and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 200..Category: Alternative Dispute Resolution | Date: | Hits: 227
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......abour Court constituted under Industrial Relations Ordinance, 1969 as amended has power to grant interim or temporary orders of stay or injunctions to keep in status quo the subject matter of the dispute till its final disposal. In this regard, let us firstly consider whether the provisions of s..Category: Labour and Industrial Law | Date: | Hits: 147
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..Category: Employment/Service Law | Date: | Hits: 194
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......uld not produce the document during the trial of the suit and hearing of the appeal. After preferring this revision they could manage a certified copy of the said deed and, as such, to adjudicate the dispute finally the said deed may be accepted as additional evidence, for that purpose the suit may ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....detailed reasons. 8. There being no reply from the side of the Government the meeting which was scheduled to be held on April 12, 1989 was adjourned till 3 PM of April 13,1989 when an unanimous resolution was adopted granting recognition to (1) Faridpur Homoeopathic Medical College (2) Rajbari......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......fficial record issued the same. 14. In this case death of deceased Habibur Rahman on 2.11.86 at the Dhaka Medical College Hospital or his sustaining injuries on 29.10.86 at his residence is not disputed. Death of the victim has been proved by the evidence of some of the P.Ws. including the inf..Category: Criminal Law | Date: | Hits: 148
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......grieved the defendants have called in question the propriety of the order in this rule. 8. The fact that there was other remedies available to the defendants for setting aside the decree is not disputed. It is also not in dispute that as a general rule the powers of the Court under section 151..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......posal of the revisional application so that the petitioner was not able to place them before the Court for consideration. He has further submitted that these materials are important in deciding the dispute between the parties and therefore these should be considered by this Court in review of the ..Category: Property Law | Date: | Hits: 157
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......bordinate Judge, Khulna where it was registered as Title Suit No.5 of 1959. In the letter of reference 11 persons including the government were shown as persons claiming title and possession over the disputed land. However, after service or notice under section 5 of the said Act by the Court 40 more..Category: Property Law | Date: | Hits: 118
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......in-reply filed on behalf of the petitioner. 3. The facts, of the case relevant for disposal of the Rule appearing from these materials placed by the parties, is regard to which there is now little dispute, are as follows: 4. The detenue Major (Retd.) Bazlul Huda was arrested by Alamdanga polic..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....ong in I.R.O Case No.79 of 1985 restraining the petitioner from selecting any Traffic Inspector through selection committee or by any other body on 06.11.1985 or any other dates on the basis of the resolution 02.10.1985 till disposal of the case. 2. The respondents 1-7 brought the I.R.O. Case N......eived. They obtained the impugned order of temporary injunction which was passed without giving the petitioner any opportunity to show cause or to have a hearing. In the I.R.O. case no industrial dispute being present the Labour Court could not be deemed to be a Civil Court or to have any powe..Category: Labour and Industrial Law | Date: | Hits: 204
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......Code, for rejection of the plaint, alleging that the plaint did not disclose a cause of action. They further claimed that the suit was incompetent. According to them, the plaint, at best, disclosed a dispute between two Ministries, which could be resolved by inter-ministerial consultation and could ..
Category: Procedural Law | Date: | Hits: 146
....ghty rivers were given to the petitioner even in the year 2001, that the 26th meeting which was never adjourned having unanimously recommended that the petitioner being the lowest tenderer let the resolution of the 26th meeting be forwarded to the Government for consideration to take the final d...... in case of a private contract being a trading contract if the Government acts with malafide intention Writ petition for breach of obligation against the Government lies.
15. There cannot be any dispute about the proposition and pronouncement of the highest courts of both Bangladesh and India...
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
.... 9. An affidavit‑in‑opposition sworn by respondent No.2 Dr. Zahidur Rahman has been filed on behalf of the respondents denying all the allegations made in the application. It is stated that the resolutions as adopted in the extraordinary general meeting held on 3.11.89 were unanimous and it wa......of any person having ceased to be a member and as such none of the petitioners is aggrieved person under section 38(1) of the Act. Secondly (2), he raised objection to the effect that since there are disputed questions of facts which require to be resolved on taking evidence, such a matter having su..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......rounds of her detention and as such, according to Mr. Sobhan, the detention of the detenu as a whole has been vitiated by illegality. Mr. Salehuzzaman, the learned Deputy Attorney‑General, does not dispute that the above facts appearing in the earlier part of the grounds do not constitute "prejudi..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....fficers to the Establishment Division in spite of an earlier promise to do so. Further, in the meeting these 7 officers became the object of evident resentment of the officers who passed the relevant resolution as quoted in the application itself. A copy of the minutes of the meeting of the Associat......the Government for the purpose of administrative rearrangement to save public money, in accordance with section 2(e) of the Surplus Public Servants Absorption Ordinance, 1985. Thereafter, there is no dispute regarding the petitioner’s status as surplus civil servant within the meaning of the law. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......st Pakistan, 14 DLR (Dhaka) 568 in support of his submission that certiorary lies when the respondent acts without jurisdiction even though alternative statutory remedies are available. No one will dispute Mr. Hossain's contention, but the basic question is, did the Deputy Commissioner of Taxes ..Category: Fiscal/Taxation Law | Date: | Hits: 170
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