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Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ion under section 96(4) of the Act was filed within time. The learned Judge of the trial Court rightly held that summons were not duly served upon opposite party No.23 i.e. co-preemptor. I am also in full agreement with such view of the trial Court. It further transpires to me that it is the discret....... Firstly, the summons of the preemption case was not duly served upon the co-preemptor and on his behalf his brother Nurul Huda (opposite party No.21) received the summons who was not the recognised agent of the co-pre-emptor. Secondly, the summons shown to have served cannot be treated as good ser..Category: Administrative Law | Date: | Hits: 230
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ust not usurp discretion of the public authority which is empowered to take the decisions under law and the Court is expected to apply an objective standard which leaves to the deciding authority the full range of choice which the legislature is presumed to have intended. The Court will not interfer......tion Nos.3218 and 4455 of 2010 issued similar nature of rules in respect of other employees. Since they have been working in different projects from 5 years to 21 years, they have already crossed the age limit of 30 years for entering into the Government service. A Division Bench of the High Court D..
Category: Employment/Service Law | Date: | Hits: 147
.... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......elay in concluding the matter was not due to any fault on the part of the respondent Samity. Moreover, the Samity agreed to pay the increased value as calculated by the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Di......The writ petitioner Samity deposited the entire amount within the stipulated period which was duly accepted. On 7.10.2009 the writ petitioner approached the writ respondent No.5, i.e., the General Manager, (East), Bangladesh Railway, Chittagong, C.R.B. Building, Chittagong to take necessary steps fo..
Category: Civil Law | Date: | Hits: 70
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......ibunal Case No. 41 of 1996 and Md. Abul Kalam Azad, son of Nurul Islam of Mokundapur, Kaharol, Dinajpur Proprietor of "Azad Bostraloy” of Goneshtola, Dinajpur is/are the same person(s). We have carefully examined the said report and also considered the case of the petitioner as made out in his pet......ter depositing the seized articles with the Customs Office lodged the first information report with the Kotwali Police Station, Dinajpur, describing Md. Abul Kalam Azad, son of Md. Nurul Islam of village: Mukundapur, PS: Kaharol, District: Dinajpur as the proprietor of the said "Azad Bastraloy". Aft..Category: Criminal Law | Date: | Hits: 73
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......was also offered as a security against a proposed project of Pan Asia Lines. But the project did not ultimately materialise. On 13‑792 the bank issued two certificates stating that the loans were fully adjusted on 17‑11‑88, Exhibits 1 and 1(K). Then, the plaintiff on 17‑12‑92 wrote a let......plaintiff was entitled to get back her title deed No. 788 as described in the schedule to the plaint; and also for direction for return of said title deed and for compensation of Taka 75,00,000 as damages. The suit was ultimately, renumbered as aforesaid Title Suit No. 197 of 2001. 3. Plaint case..Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....s follows: While on mobile duty on 8‑4‑2002 towards Purba Bazar area, the informant got a telephonic message from Nazrul Islam (PW 7), the Manager of Hotel Nurani, that a young man and a young woman boarded in room No. 211 of the hotel on the previous day intimating that they would leave the ...... sit on a chair at the time of recording, his statement and that the appellant was then undergoing treatment. 8. This confession was recorded on 18‑4‑2002, on which date, the appellant was not fully recovered as appeared from the testimony of PW 2. PW 5 stated in cross that accused Rony was f......angir Alam (PW 1), a Sub‑Inspector of Police of Cox's Bazar Police Station, which is as follows: While on mobile duty on 8‑4‑2002 towards Purba Bazar area, the informant got a telephonic message from Nazrul Islam (PW 7), the Manager of Hotel Nurani, that a young man and a young woman boarde..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......র অধীনে অন্য কোন প্রতিকারের ব্যবস্থা আছে। 42. A reading of section 5(1) of the Act, makes it clear that the Court shall have full power to decide all questions, whether of title, priority, or of any nature whatsoever which ma......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......nder the Cantonment Board without permission of the Board. In order to overcome this situation, the plaintiff may seek amendment at any stage of the suit. If the plaintiff finds that she will not get full relief in the suit, she can amend the plaint and if she makes such amendment seeking relief aga......ime to rectify their actions. The Act provides for conciliation of the dispute and in the event of failure of conciliation, the aggrieved party may have recourse to Court of law for redress. The language of the section is mandatory and admits of no implications or exceptions. This section debars a C..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......ly or through the officer subordinate to him as provided under section 49. The Federal Court relied on the case of King Vs. Sibnath Banerjee 72 I.A. 241; AIR 1945 P.C. 336. The view taken by us finds full support from the aforesaid two decisions of the Federal Court and the Privy Council. 8. Ther......e appeal. Leave was granted to examine the correctness of the observation of the learned Judges on the clause "whereas the Government is satisfied" appearing in the detention order and similar language in the Bangladesh Public Safety Ordinance or the Special Powers Act, cannot mean Government's sa..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
...... the period of termination, it is due to the action of the employers for which employees could not be refused payment of salary during that period. Only if it can be shown that the employees were gainfully employed elsewhere during the period of termination, they will not be entitled to salary durin......ion. In fact, there is no codified definition of Contempt of Courts. It has been observed in the case of Sudhir Chandra Roy Chowdhury, an Attorney (1952 CrLJ 666 (Cal High Court) (Special Branch) at page 670- 673) AIR 1952 Cal 258 as under:
''It is extremely difficult to define the term contempt..
Category: Criminal Law | Date: | Hits: 83
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the schedule to the plaint. The suit was then renumbered as aforesaid title Suit ......y cutting earth. His father let out some huts on the land to different tenants and received rents, Exhibit 10 series. He stated that when the Public Health Engineering Department tried to take a sewerage line over the land his father raised objections. He made applications before different authoriti..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......361.25 paisa from the date of filing of the suit vide pay order No.505373 dated 5.7.87 and the said amount is lying before the Executing Court. It has also been stated that there is no certificate of full satisfaction of the decree by the Executing Court. 6. The short point involved in this Rule ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......ore flagrant violation of this condition than a case-like the present- where the individual seeks the interference of the Sovereign to obtain revision of a judicial order, when he is himself engaged in setting that judicial order at naught." 9. In the case of Khalid Saigol Vs. The State, ..Category: Criminal Law | Date: | Hits: 95
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......ent No.2 that he received back the complaint case from the Labour Court at Khulna on 21.5.84, but before he could come to Dhaka to file the case in the proper Court he fell ill on 22.5.84 and did not fully recover before 13.6.84. The respondent No.2 came to Dhaka on 14.6.84, consulted his Advocate o......f such suspension shall not exceed sixty days:
Provided that during the period of such suspension, a worker shall be paid by his employer a subsistence allowance, equivalent to half of his average including dearness allowance, if any."
13. Therefore the petitioner-corporation had the autho..
Category: Labour and Industrial Law | Date: | Hits: 166
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......r Employees and the judgment was delivered by a Division Bench of this Court on 16-8-95 and 20-8-95 making the Rules absolute. We have gone through the judgment of the aforesaid writ petitions and we fully agree with the findings given by their Lordships of the Division Bench. Since we are in full a......the liberation war in 1971 the petitioner along with others were recruited by the then Mujibnagar Government for liberation of the country. Amongst the lot of Mujibnagar employees there were many teenaged (8 to 10 years) boys and girls who were recruited to work as Informers, Reporters, Assistants, ..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......umar Paul, the lawful heir of Pulin was a party in the suit but he did not contest the suit and thereby accepted the claim of the plaintiff.
15. He further submits that the plaintiff has been peacefully possessing the suit land and his name has been duly mutated in the record of rights, and from ...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......resentation of the same by the respondent 1 with its Banker, Janata Bank, BRTC Branch, Dhaka the cheque was dishonoured on 4-5-95 for non-arrangement of fund. Thereafter the respondent 1 demanded the full payment of the outstanding bills and on such demand the appellant requested for reconciliation ......ers, 27 DLR 256 and the case of Unimarine SA Panama Vs. Bangladesh, 31 DLR (AD) 112. 5. Syed Ishtiaque Ahmed contends that the appellant is a construction company of international repute and is engaged in construction of various projects both at home and abroad. The appellant company, he argues, ..Category: Procedural Law | Date: | Hits: 118
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......dated 3.8.89 (Ext.4).
25. To appreciate this branch of argument of the learned Deputy Attorney General and the learned Advocate for the plaintiff-opposite parties from a correct angle, we have carefully examined the evidence of PWs. and DWs. together with the documentary evidence on record. It ap......of alleged execution of power of attorney, the execution of the same clearly creates doubt or in other words the same was executed by false personation in order to grab the suit land taking the advantage of their absence in Bangladesh, both the Courts below committed an error of law in failing to co..
Category: Property Law | Date: | Hits: 64
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......r sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and cooperation in keeping with the progressive aspi......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......mad submitted that said amount was debited on account of fluctuation of the price of currency.
51. After the evidence of DW 1 Md. Ekbal Firoz that the plaintiffs got the delivery of transformer on full payment of the price and other service charges, we are unable to accept debiting of Taka 2,44,1......Plaint case, in short, is that plaintiff No. 1 was a limited company of which the plaintiff No. 2 the managing director and plaintiff Nos. 3 to 6 shareholders directors. Plaintiff Nos. 2 to 6 were engaged in the business of manufacturing of MS rod and marketing. On 7‑2‑85 the plaintiffs applied ..
Category: Civil Law | Date: | Hits: 92
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