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Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......other respondents No.3-9 were supporters of Mr. SM Golam Harman. All the said respondents used to take part in Trade Union and used to raise voice against the management of the petitioner for their unlawful activities. 17-3-2001 was Eid-ul-Azha day and before that date the officers and employees wer..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ......€‘1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of the gratuity as per provision of law but without response and for such inaction on the part of the respondents the writ petitioner ha..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)

....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......been repealed and superseded by SRO No.255 dated 19‑9‑2002. 2. It appears that at the time of preferring the writ petition the petitioner was not well acquainted with the correct position of law, however, during the course of hearing they came to realise that the SRO No.316 dated 19‑10‑..

Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ...... of excess of the share of the defendant No.52 and I that allotment of the land on which the defendant  No. 52 was allowed to construct a building to the plaintiffs is bad both on fact and in law and that the order so made by the High Court Division allowing  the defendant 52 to make c..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ......d. The learned Additional District Judge further noticed that the plaintiff must prove fraud as they pleaded fraud in the plaint and this not having been proved, the trial court committed error of law in holding that non-joinder of the superintendent, vested and non-resident prop­erty has rende..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....ed from the Board of Directors of the company and Sabbir Hossain has been appointed in his place and the appellant No.2, in collusion with the appellant No.3, also fabricated resolution dated 18-1-96 amending Articles 38, 39 and 53 and also fabricated resolutions dated 9-12-99 and 31-12-99; the resp......tory explanation; the resolutions of the so-called extraordinary general meeting of the company held on 18-1-96 was filed as late as on 9-9-99 and, as such, on the face of it, a nullity in the eye of law and further, the so-called investigation report filed by the Bangladesh Bank has been manipulate..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ......regularities have been committed by the authority in passing the impugned order.  6. He then submits that the Appellate Tribunal without considering the facts and circumstances and the law passed the impugned order allowing the appeal which is not sustainable in the eye of law. ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ...... The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division directed Respondent Nos. 1-3 to act in accordance with the law without any order of allotment of any plot to the Writ Petitioner. There is no ground to interf..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......s Vs. Lutfie Ali Chowdhury and others reported in 49 DLR (AD) 73 submitting that the concurrent findings of the Courts below may not be disturbed by this Court in revision unless they are perverse in law. 20. In the case of Sudhir Chandra Shuklabad­hya Vs. Amulya Shuklabadhya and others (un..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ...... same was allowed. But in revision the suit was dismissed.   5. Mr. Md Fazlul Karim, the learned Counsel appearing for the petitioner submitted that the learned Single Judge erred in law in setting aside the judgment of the Court of appeal below in respect of finding of facts as to ..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... The widespread and longstanding practice of voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on sp..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ...... possession of the case land and (iv) the threatened dispossession of the petitioner by the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful authority, and as unconstitutional and violative of the petitioners fundamental rights guaran..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......bul Joarder, (3) Azizul Joarder, (4) Hakim Joarder, 5) Mannan Joarder, (6) Babul Joarder, (7)Nizam Joirder, (8) Moktar Joarder, (9) Aziz Joarder (10) Tota Miah, (11) Yunus Ali and others forming an unlawful assembly entered into the sugarcane fields of the informant armed with dangerous weapons like..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......ship on the petitioner. 5. Mr. Zaman Akhter Bulbul, the learned Assistant Attorney-General appearing for the respondent Nos.1 and 2, submits that the impugned order was passed in accordance with law. He further submits that the petitioner was unsuccessful in passing several subjects during his ..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......ntention that the High Court Division acted illegally in reversing the concurrent finding of fact as to possession of the suit property in exercise of the revisional jurisdiction and thus erred in law in making the Rule absolute. 11.The High Court Division while exercising its revisional juri..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ...... the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)

....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ...... by the Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, reported in 39 DLR (AD) 205 has clearly cautioned that: "The above observation is not to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civ..

Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......ting the stay order separately. 4. Mr. Md. Mojibur Rahman, the learned Advocate appearing on behalf of the first party petitioners, submits that the learned Sessions Judge has failed in error of law in taking the view that Magistrate had no jurisdiction to draw up a proceeding under section 145..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......next date has been fixed for examination of the accused persons under section 342 of the Code of Criminal Procedure. It is further stated that Additional Sessions Judge, on consideration of facts and law points, found accused-petitioners having not been implicated out of political grudge and that th..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......screpancy obviously due to error of memory by lapse of three years, that it being in the deposition of the PW 1 that at the time of drafting the petition in the House Rent Control Case he told his lawyer about the bainapatra and, as such, in the background of the said statement of the PW 1 non&#..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147