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Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ...... 12. The last point urged by the learned Advocate for the petitioner is that no evidence of victimisation was given in this case before the Labour Court and as such the Labour Court erred in law in holding that the order of termination was passed with a view to victimise the complainant No. 1 for ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... two opinions on the question of jurisdiction of the Sub-divisional Magistrate to pass the direction for seizure of the petitioners' fire arms by the Officer-in-Charge of a police station. It was not disputed that so far as this Province is concerned a police officer not below the rank of Sub-Inspec......assailing the direction for seizure of arms must accordingly fail. 17. I find substance, however, in Mr. Ataur Rahman Khan's objection relating to the direction on Mr. Hashem, a Magistrate, for holding an inquiry, with a view to examining the question as to desirability of cancellation of the ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Shah Tazul Islam Rumel (Md.) Vs. Bangladesh, Represented By the Secretary Ministry of Home Affairs, 2015, 44 CLC (HCD)

....le to use cap, shoe and umbrella beyond the "Imambara compound". The said respondent No.9 in its affidavit made certain allegations which are denied by the petitioner as such the same being disputed questions of fact are not required to be stated for the disposal of this Rule. 6. It a......ion and it is a long standing practice, tradition and custom of all the "Imambaras" in the Muslim World. The respondent No. 9 also supported the statements of the respondent No. 4 regarding holding of meeting on 18-5-2003 by the local elites and the decision taken therein that no restricti..

Category: Property Law | Date: | Hits: 0

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ......Judge, 7th Court, Dhaka for disposal, who by the impugned judgment and decree dated 24.8.2009 (decree signed on 30.8.2009) dismissed the appeal in disagreeing with the sole finding of the trial Court holding that (1) defendant No.3, Fazle Elahi executed the bainapatro on behalf of his minor daughter..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ......ho transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of pre­emption of the petitioner. The pre-emptor is a co-sharer of the case holding and the preemptee opposite party Nos.1 and 2 are stranger to the case land. No notice of tra..

Category: Civil Law, Procedural Law | Date: | Hits: 2

Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)

....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982)178 ......enancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right to claim pr..

Category: Property Law | Date: | Hits: 3

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......verning Body has no knowledge of the same as it did not receive any prior notice before the same was held, secondly, the authority concerned has no jurisdiction to pass an order of suspension without holding the inquiry mentioned in the aforesaid section, such an inquiry is to be held only after giv..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

.... the sentence of death imposed upon the appellant was proper as the murder committed by the appellant was cruel and diabolical. 11. The date, time, place and the manner of the occurrence are not disputed. It is rather admitted that the appellant Majibur Rahman Gazi dealt Dao‑blow causing inju......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ..

Category: Criminal Law | Date: | Hits: 2

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ......ccused and record his reasons for so doing." 8. The learned Assistant Session Judge deemed to be Additional Sessions Judge came to the finding that the learned Magistrate acted illegally in holding that the offence could not be proved without assigning any reason whatsoever. He also observ..

Category: Criminal Law | Date: | Hits: 1

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......blic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the house which is holding No.16/1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Moha..

Category: Constitutional Law | Date: | Hits: 3

Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....etails of the deed in question showing plaintiff as executant of the deed. In fact plaintiff never executed and registered such deed of Hiba‑bil‑Ewaj. The cause of action arose on 7.7.83 when the disputed deed was registered. 3. Defendant No.1 contested the suit by filing written statement ......y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ..

Category: Evidence Law | Date: | Hits: 7

Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......e money was paid to the petitioners by the complainant as an advance for the purchase of cloths agreed between the parties and as such the money became the money of the, petitioners and they were not holding the same on trust for the complaint. The money, therefore, cannot be said to have been entru..

Category: Criminal Law | Date: | Hits: 1

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......e Organizations, respondent No.2 not only issued show cause notice beyond his jurisdiction but also most illegally dissolved the previous Executive Committee of 2007-2009 appointing administrator for holding Executive Committee election for the year 2009-2011 of BMSS at the instance of a 3rd party, ..

Category: Business or Commercial Law | Date: | Hits: 72

Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... 5.754 metric tons out of the said consignment of 1929.211 metric tons, as alleged, such shortage was well within the 1% ocean Allowance. He further submitted that the court below erred in law in not holding that the defendant appellants could not be held liable to the plaintiff for shortage of good..

Category: Admiralty Law or Maritime Law | Date: | Hits: 69

Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)

....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......r company Zastat after taking through the relevant SRO's mainly submits that the Respondent No.1 Customs Excise and VAT Appellate Tribunal in total misconception of law and fact misdirected itself in holding that the deci­sion given by the Respondent No.2, Commissioner, Customs Excise and VAT, Sylh..

Category: Fiscal/Taxation Law | Date: | Hits: 40

Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....om 2004 to 2009 by the Government itself. With these observations, this Rule is dis­posed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......gistration Order, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization, per­sons or group of persons registered as an indentor and holding sole agency, dealership or distribution right from a supplier abroad. The indentors render s..

Category: Fiscal/Taxation Law | Date: | Hits: 51

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, how­ever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ....... The scheme of Act, therefore, is that whatever is not retainable vests in the Go­vernment by operation of law and that too free from all encumbrances. The High Court has therefore no right in holding that the interest of tenants or raiyats in such hats and bazars had not vested in Government..

Category: Property Law | Date: | Hits: 19

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......erty along with the case property and the heirs of late Md. Faiz Hossain Mia named as Moazzem Hossain, Noor Hossain, Ahmed Hossain, Mosarraf Hossain, Mobarak Hossain and Mozammel Hossain got the case holding in their share and all the said heirs of late Md. Faiz Hossain died except Mobarak Hossain, ..

Category: Procedural Law | Date: | Hits: 24

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......o asserted by the defendant-opposite parties that the plaintiff is not in possession of the suit land. 4. The learned Trial Court by order No.19 dated 11.01.2004 rejected the prayer for injunction holding that the plaintiff-petitioner has failed to establish a prima facie case in support of her c..

Category: Procedural Law | Date: | Hits: 26

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....on is not maintainable in its pres­ent form and manner and the petitioner has no locus standi to file a petition like the present one regard­ing a past and closed matter. The petitioner raised some disputed questions of facts, which cannot be decided under writ jurisdiction. That the writ peti­ti......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..

Category: Alternative Dispute Resolution | Date: | Hits: 96