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Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......os. 19(ka)-19(Ja). Preliminary Decree was drawn and signed on 30.11.1999. On the prayer of Decree-Holder Plaintiffs-Opposite parties, an Advocate Commissioner was appointed for effecting partition on holding Local Investigation and Survey on the property. Learned Advocate Commissioner on 28.5.2000 s..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......ause as to how and under what authority Mr. Kazi Habibul Awal, Additional Secretary of the Legislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs, the Respondent No.5, is holding or purported to hold the post of Secretary-in-Charge of the Ministry of Law, Justice and Par..

Category: Constitutional Law | Date: | Hits: 361

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....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. ......n contest and set aside the orders of termination dated 13.7.2000 and 16.7.2000 and ordered reinstatement of the respondent-workers within 30 days from the date of the judgment with full arrear wages holding, inter alia, that the services of the respondents were terminated for trade union activities..

Category: Labour and Industrial Law | Date: | Hits: 138

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......ed by the selection committee of BADC by agenda No.3 dated 29.12.2002 and 1.1.2003 without taking into account the case of the petitioner for promotion. After belated promotion, the petitioner is now holding the post of Joint Director/Manager. At present, the petitioner is aggrieved because in the g..

Category: Employment/Service Law | Date: | Hits: 144

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ng upon the respondents to show cause as to why the impugned Judgment and order dated 7‑10‑87 passed by the respondent No.1 in Settlement Case No.526 of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not ..

Category: Property Law | Date: | Hits: 107

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... to prove the charge brought against the appellant and as such, the impugned judgment and order of conviction is liable to be set aside. He further submitted that the learned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W...

Category: Criminal Law | Date: | Hits: 89

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......ns (9) and (10) of section 34 of the Ain that the conditions precedent for directly issuing a warrant of arrest/civil prison (দেওয়ানী আটকাদেশ) are that— (i) steps for holding at least one auction was taken, or (ii) the decretal amount was not fully satisfied by au..

Category: Civil Law | Date: | Hits: 154

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......an neither got any authority nor any occasion to transfer plot No.398 which was not owned and possessed by him rather owned and possessed by Imamuddin and Trial Court committed a substantial error in holding tl at Defendants-Opposite parties purchased Cadastral Survey plot No.398 and it was wrongly ..

Category: Procedural Law | Date: | Hits: 155

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......it is prepared. 24. In the facts and circumstances of the case as I have discussed above vis-a-vis the above quoted decisions, I am of the opinion that the appellate Court below committed wrong in holding that: “এইরুপ অবস্থায় বিবাদীর পূর্ববত..

Category: Property Law | Date: | Hits: 100

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ....... Abdul Wadud Mallick. But the law specified the authority of DIT in the matter of dealing with such subject and ultimately the High Court declared the impugned order illegal and without jurisdiction holding that the DIT had not exercised its independent legal authority, rather being directed by the..

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. ......dismissed. 12. Learned Subordinate Judge upon trial found the defendant No.2 to have inheri­ted the land from her husband thus posted with limited interest in the suit land. She as a limited heir holding life-estate is not competent to sell the land except for legal necessity. Major part of the ..

Category: Property Law | Date: | Hits: 107

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......as to why he should not be dismissed from service and file a written objection on or before 17-10-1993. The plaintiff submitted his reply stating that the enquiry was not held properly and prayed for holding the enquiry headed by a Magistrate. But the Managing Committee, without considering the pray..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......umstance that might have offered grounds for such appointment to run the pump free from chaos. Furthermore, no principle is decided in this case as the Appellate Division dismissed the leave petition holding that the High Court Division's order was not passed inequitably and in violation of law. Thi..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......e the charges levelled against the petitioners were cross‑examined by the petitioner. We therefore do not find any violation of section 18 of the Employment of Labour (Standing Orders) Act, 1965 in holding the enquiry or that they were denied natural justice. So for as the petitioners' claim to ho..

Category: Labour and Industrial Law | Date: | Hits: 182

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......at Rustom Ali (P.W.4) and Badsha (P.W.2) told the informant that out of enmity accused Tutul and Golzar along with 3/4 other persons killed Rony in the alleged manner and hence the case. 3. After holding investigation Police submitted charge sheet against 7 accused persons including the appellan..

Category: Criminal Law | Date: | Hits: 98

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......, Gazipur against the said charge sheet to the effect that one of the accused was not included in the charge sheet when the case was transferred to the D.B. Police for further investigation who after holding further investigation into the matter submitted charge sheet to the same effect as was done ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......ge acquitted the accused persons opposite parties from the charge under sections 302/34. 7. Following grounds have been assigned by the learned Additional Sessions Judge for acquitting the accused holding that the prosecution failed to prove the charge brought against the accused: "1. That acc..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....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. ......r section 60 of the Registration Act. Under such circumstances, the learned Court of Appeal below was perfectly right in setting aside the finding of the trial Court on the point of limitation and in holding that the case is not barred by limitation. 10. It appears that no issue was framed on the..

Category: Property Law | Date: | Hits: 91

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ...... authority. The Judgment and order of the Court having suffered from this initial error of jurisdiction it cannot be said that the Judgment and order by illegally assuming jurisdiction and consequent holding of the trail, by passing the law, is a Judgment and order of Martial Law Court for it to be ..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....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. ......ted the jurisdiction of the Magistrates to entertain application for maintenance which is a family Court matter. 4. Learned Advocate then placing a decision of Division Bench reported in 47 DLR 18 holding the opposite view submits that the decision by the Division Bench was passed ex parte agains..

Category: Family Law | Date: | Hits: 133