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Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....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...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or......he labours have been terminated in aftermath of an occurrence held earlier but a legally constituted inquiry committee did not find any fault with the labourer petitioners on inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-..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)
....€‘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......iction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J AK Fazlul Hoque ..........................................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: Th......ension and gratuity to the petitioner in terms of his service conditions shall not be held responsible and be directed to pay compensation for the delay. 2. After issuance of the Rule an interim order was passed directing the respondents to arrange payment of the pension and gratuity to the ext..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....been repealed and superseded by SRO No.255 dated 19‑9‑2002. 2.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‑......Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is......and Import and then submitted bill of entry. While assessing the consignment the customs authority labouring under misconception of law that the goods are covered by PSI scheme passed an adjudication order and imposed a penalty of Tk. 3,90,000 for non‑compliance with the provision of SRO No.316 da..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)
.... 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......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... .................Judgment Md. Ruhul Amin J.- This is plaintiffs’ appeal by leave, against the judgment and order dated August 10, 2000 of a Division Bench of the High Court Division in Civil Revision No.44..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....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 propÂerty has rende......: 26 BLD (HCD)
(2007) 75.
.......35 of 1992 upon reversing those dated 28.6.1992 passed
by the Additional Court of the SuborÂdinate Judge, Dhaka decreeing Title Suit
No.66 of 1991 should not be set aside or such other or further order or orders
passed as to this court may seem fit and proper.
2. The petitioner as plaintif..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....eting dated 3.9.2002 i.e. Annexure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as it affects the petitioner's sub-project No.26 should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to a......on) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23, 2005. R......to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Di..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....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......ase is also Reported in: V ADC (2008) 271.
......nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1.
Not represented—Respondent Nos. 2-3.
Civil Appeal No. 163 of 2003.
(From the judgment and order dated 7th January, 2002 passed by the High Court Division in Matter No. 94 of 2000).
Ju..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....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. ......; A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record- For the Respondent. Civil Appeal No. 79 of 2003. (From the judgement and order dated 9-11-2000 passed by the Administartive Appellate Tribunal in Appeal No. 66 of 1998).......Article 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultati..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)
.... 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......sion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. Md. Abu Dakar and others... ........nt 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 interfere with the ord..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....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......h Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The......ed by the learned Assistant Judge, Dagonbhuiyan, Feni, in Title Suit No.91 of 1977 renumbered as Title Suit No.52 of 1986 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of t..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
.... 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 .........Respondents Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of ......bsp; Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th November 2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... 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......5. ......d Nawab Ali, Advocate‑on‑Record‑ For Respondent No. 1. Not represented‑for Respondent Nos. 2. Civil Petition for Leave to Appeal Nos. 1262 & 1263 of 2004. (From the judgment and order dated 26th April 2004 passed by the High Court Division in Civil Revision No.305 of 2003 with ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... 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......so Reported in: 57 DLR (2005) 267. ......es 27, 31, 40 and 42 of the Constitution and why the respondents, should not be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....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......orted in: 57 DLR (2005) 494. ...... Sheikh Abdul Awal J.- This appeal is directed at the instance of the accused‑appellant Monohar Joarder and 10 others under section 410 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 25‑3‑1997 passed by the learned Additional Sessions Judge..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....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 ......Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The R......hy;- For the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7‑2002 terminating his service as a probationer in the Bangladesh Police Service. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....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......ted in: 57 DLR (AD) (2005) 55. ......bdul Quayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Ex-parte ‑ the Respondents. Civil Appeal No. 124 of 2000. (From the Judgment and order dated July 7, 1997 passed by the High Court Division in Civil Revision No. 502 of 1988). Ju..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... 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......Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………………&hellip......arisal in Title Appeal No.30 of 1985 reversing those dated 22‑1‑85 and 29‑1‑85 passed by the Munsif Bakergonj in Title Suit No.100 of 1984 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-opposite part..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
.... 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...... Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Sayed Amir Ho......hat Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid down emphasis on the principle that the High Courts power to revise an order suo motu is not restricted by any time limit." 9. In the said decision our Appellate..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....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......Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. ......Khaled J.-This Rule on an application under section 561A of the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.2..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....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......rs Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40 DLR 259; Ab......tate. Criminal Revision No. 764 of 2004. Judgment Khademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Cas..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
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