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M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (B......rt. 10. The Code of Civil Procedure provides for occasions when a Court may proceed ex-parte. Under Order IX, rule 6, where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then if it is proved that the summons was duly served, the Court may proceed ......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
....tion and another...............Petitioner
Vs.
Registrar, Joint Stock Companies and another...............................Respondent
Judgment
July 8, 1986.
Result:
The Rule is made absolute.
Lawyers Involved:
Dr. M. Zahir, with M. Hasan, Advocate - For the Petitioners.
Md. ......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......ithin the scheduled period. Under section 131 of the Companies Act the directors of every company have a legal obligation to lay before the company in general meeting a balance sheet and profit and loss account once at least in every calendar year. The Registrar has the power to extend the period ..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
.... Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: The Rule is made absolute. Cases Referred to- Secretary of the Air Craft Engineers of Bangladesh and another Vs.......der Article 102 of our Constitution. 2. The Rule arises out of the following facts: The petitioner, Dalia Parveen on September 3, 1981 joined the Bangladesh Biman Corporation, hereinafter shall be called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
....ision
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
Result:
The Rule is made......g Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed as a professor of Kapilmun...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....ain and others..............Petitioners Vs. Dhaka Water Supply and Sewerage Authority & others............Respondents Judgment August 2, 1995. Result: The Rule is partly made absolute. Lawyers Involved: Khondker Mahbubuddin Ahmed, with Khondker AM Mohsenuddin, Advocates ...... Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the ......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....e learned Judge, however, did not express his view although at the bar it was argued to have an opinion of the Court for the interpretation of Article 58(2) of the Constitution and he made the Rule absolute. Mr. Ruhul Amin, J, however, on examining the recorded of the case held that the charge frame......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......n of the DIT thereafter submitted summary to the Secretary, Ministry of Works stating that if the minimum price for the land is fixed at Taka one crore per bigha in that case DIT would not suffer any loss. The Minister for Works on 8.3.87 submitted a summary to the President and the President approv..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... Huda……………………………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & ot......s as follows:- "9. (1) The Government shall establish a Court of Sessions for every sessions division, and appoint a judge of such Court; and the Court of Sessions for Metropolitan Area shall be called the Metropolitan Court of Session." 35. Section 9(1) needs to be analysed a little closely......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....Commissioner, Moulvibazar and another.............Contemner (In Contempt Petition No.3 of 1987). Judgment April 6, 1989. Result: The Rule Nisi in Writ Petition No. 425 of 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- ......aggrieved by the order dated 15.12.82 passed by the Additional Commissioner; Chittagong Division preferred an appeal before the Board of Land Administration. The appeal was admitted, reports were called for from the Additional Commissioner, Chittagong Division and the Additional Deputy Commissio......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....ge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.654 of 1992 filed by condemned‑prisoner Khalilur Rahman and accused Habibur Rahman and Jail Appeal No.749 of 1992 filed by condemened-......n a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola of Bahadur where he was drying his under the sun and ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
..... Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. ......f courage. He writes: "The High Court Division served show cause notice upon the then Information Ministerand later in pursuance to the doctrine one step forward two steps back, it retreated and recalled the notice." He further writes, “the Judges are appointed by the people and entrusted with ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
.... nature, the case is bad for non-joinder of necessary parties. Both the Courts found that the case was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed ...... order dated 28.9.93 passed by the Munsif, 3rd Court, Munshigonj allowing the pre‑emption Misc. Case 36 of 1980 under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statut......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..Category: Property Law | Date: | Hits: 106
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....esent: Abu Sayeed Ahammed J Hafiz Ahmed.............Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; M......d J.- This Rule at the instance of the pre‑emptee who failed to resist pre‑emption in both the Courts below under section 96 of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 a......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
.... Mallik withdrew Taka 85,000.00. Subsequently, when measurement was taken it was found that work of Taka 30,759.00 was only done and the remaining Taka 54,241.00 was misappropriated by the accused persons in collusion with one another. The project Chairman claimed that no amount was misappropriated ....... Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md. Hamidul Haque J.- By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Special Case No.40 of 1992 pending in the Cou......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... For the Respondent (in both the appeals). First Appeal No.277 of 1994 with First Appeal No.129 of 1995. Judgment Md. Abdul Aziz J.- First Appeal No.277 of 1994 has been filed by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the l......public power failure has been recorded at 8-35 AM on 28-11-88 which has been overwritten in place of something else. 19. Exhibit ‘Ta’ produced by the local power development board office being called for by the Court at the instance of the defendant, shows that the time of power failure was r...... for an amount of Taka 30,00,000.00, hereinafter referred to as MBD policy. Both the policies covered a period from 24-2-88 to 23-2-89. Those policies were taken by the plaintiff to cover the risk of loss of deterioration of stock due to including failure of public power supply under DOS Policy and ..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
.... Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with Md. Kaiser Ali, Advocates - For the Condemned Prisoner (In Death Reference No. 20 of 1994). Anisul Huq with Md. Kaiser Ali, Advocates - For the Ap......against their death sentence. 2. Prosecution case, briefly, is this. On 25-6-92 after the Magrib prayer accused Bachchu Mia came to the paternal house of victim Khairul Islam, aged about 20 years, called and took him with him. Thereafter, Khairul Islam did not return to his house. On the next day......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....dge, Patiya, Chittagong for a decree of dower, maintenance and other claims including golden ornaments. The averments made in the plaint are that, marriage in between plaintiff and defendant No.1 was solemnised on 15-4-94. In the kabinnama dower money was fixed at Taka 1,00,000.00 out of which Taka ......Revision No.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as t...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs. Anwar Hossain, 48 DLR 28; Central Bank of India Vs. Nusswer Wanji, AIR 1932 Bom 642, 643, 644; State Bank to Mysore Vs. SM Essence Distilleries, AIR 1993 Kant 359 Para 18 and 19; 17 DLR (SC) 169; AIR 1964 SC 907...... auction and the respondent No.1 as bidder participated in the said auction and eventually succeeded in purchasing the same through Court by a registered consolidated sale deed on 25-11-2009 which is called bainama. The said decree of the Artha Rin Suit was not challenged before any higher forum b...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....llowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rahman Mostafa, M. A. Rouf, Advocates - For the State. Md. Abdur Rahim Khan, Advocate - For the Condemned Prisoner. Death Reference No. 7 of 1988 With Jail Appeal No. 93 of 1988. Judgment Mo......chowki on the eastern side of the southern verandah of his house. He further stated that on the next morning at about 7.30 A.M. he was awakened by his relation Tozamber Ali from his sleep and then he called his daughter Alo Tara and son-in-law Manik but finding no response from them he entered int......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
........Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Ka......e act of a partner which is done to carry on in the usual way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his "implied authority". (2) In the absence of any usage or custom of trade to the contrar......al deed of partnership would be executed between the defendant No.1, his son Ehsanul Hasan Khan and the plaintiffs. The further stipulation was that the plaintiffs would enjoy the profit and bear loss of the business proportionate to the aforesaid advance of Tk.45,000/-till execution and registr..Category: Business or Commercial Law | Date: | Hits: 349
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....…………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD......the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against the Chairman, Bangladesh Telegraph and Telephone Board (hereinafter called "BTTB") and some of its Directors. The Executing Court issued a show cause notice against the......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
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