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Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....r section 34 of the Industrial Relations Ordinance, 1969 stating, inter alia, that since before the war of liberation they were serving in the factory of the present petitioner before us and were holding permanent posts on 25.3.1971. During the War of Liberation they failed to report to the Gove...... the war of liberation they were serving in the factory of the present petitioner before us and were holding permanent posts on 25.3.1971. During the War of Liberation they failed to report to the Government of Bangladesh at Mujibnagar but abstained from doing their duties under the then Governmen..Category: Labour and Industrial Law | Date: | Hits: 268
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....on of the Society by illegally staying in power after the expiry of 31st December, 2002. Lastly he submits that on the garb of the order Annexure-D the respondent No.4 stopped the election and is not holding the election contrary to provision of Article 9B(3) and, as such, it is necessary by an orde...... containing schedule of various transactions including election of Vice-President, Treasurer and Members of the Managing Board and that in the midst of the General Meeting respondent No.4 presiding over the General Meeting announced receipt of order dated 30-12-2002 (Annexure-D) indicating that th..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....95 for US$ 1,48,000 and in the disbursement of the amounts received against the relevant export bills by the Eastern Bank Ltd. In compliance with the said order dated 19-2-2009 Bangladesh Bank, after holding through investigation, submitted an investigation report dated 31-5-2009 under cover of it......nt of the export bills in the name of the plaintiff Messrs KN Enterprise has been realized by the EBL from ABN-AMR.O Bank, Rotterdam, Netherlands and, as such, Messrs KN Enterprise acquired the title over the amount. Hence, the suit. 7. The defendant Nos. 1-3 contested the suit by filing a joint ..Category: Civil Law | Date: | Hits: 212
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....d rickshaw van on 14.5.86 through the P.W.6 Abu Hossain, the then Assistant Commissioner, Keshabpur Upazila. Even if we leave aside the TI Parade sheet proved by P.W.6, whose evidence and manner of holding TI parade has been objected to, by the learned Advocate of the accused appellants analys......is two miles from the place of occurrence at 00.05 hours on 18.4.1986. On receipt of the written FIR the Officer-in-Charge of the Police Station filled in the FIR form and started the case and handed over investigation of the case to Md. Shiraj Miah, Sub-Inspector of Keshabpur PS who proceeded to th..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....red an appeal before the Joint Commissioner of Taxes, Range ‘A’ (East Dhaka) who after hearing both the parties vide his order dated 24‑4‑1986 dismissed the appeal and affirmed the assessment holding that the assessee has miserably failed to prove the capacity of each of the creditors to adv......gedly had been advanced by those three creditors. The learned Advocate then submits that the DCT committed an illegality in rejecting the rest of the loan amount. 8. In order to determine the controversy that is raised in this case we are to see what are the legal requirements to substantiate a l..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
.... order sheet of LA Case of 1949‑50 dated 52.52. Both the Exts. are public documents and have been brought to show ownership of Ujir Bibi the predecessor‑in‑interest of the plaintiff in the suit holding. 4. Mr. M. Shafiullah, the leaned Advocate for the defendant No.6 petitioner, submits th...... His case is that some lands from the suit plot belonging to the plaintiffs’ predecessor Ujir Bibi was requisitioned and acquisitioned in LA Case 23 of 1949‑50, for the petitioner. But while the government (defendants 4 and 5) gave delivery of possession to the requiring body the suit land was a..Category: Property Law | Date: | Hits: 126
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.....1 to prove her case. The defendants examined two witnesses. The learned Additional District Judge after considering the materials and evidence on record granted Letters of Administration of the Will holding that the Will in question is a genuine one which was duly executed and registered by the tes...... forward by him. The decision is other way round. There the issue was whether the petitioner would apply for grant of letters of administration in respect of the part of the property of the deceased covered by the Will and it was argued that the application was not in proper form inasmuch as an inve..Category: Property Law | Date: | Hits: 183
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
.... his turn called for a report from the Presiding Officer and that before receipt of the report the Deputy Commissioner made recommendation illegally to the Election Commission with recommendation for holding re election of the members and Chairman of the Union Parishad in the aforesaid centre and th......ing highest votes after totaling the votes of all centres secured 2589 and was declared elected and that the Presiding Officer of the East Durgapur polling centre after completing the counting handed over ‘Form Ta’ duly filled in to the respective candidates or their agents and that while the Pr..Category: Election Law | Date: | Hits: 248
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Settlement under section 7 of the Abandoned Building (Supplementary Provisions) Ordinance, 1985 for exclusion of holding No.305/A, Nayatola, Magh Bazar, from Kha list of the Abandoned Buildings published on 23rd S......rt High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25,..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....he control of the petitioner, we find that the learned Labour Court misconstrued and misinterpreted section 6 of the Employment of Labour (Standing Orders) Act and acted without lawful authority in holding that the stoppage of work and the lay-off was without any cogent ground. The learned Labou......r, submitted that the learned Labour Court acted without lawful authority in allowing the application and failed to notice that the petitioner stopped the work and declared lay-off on the ground covered by section 6 of the Employment of Labour (Standing Orders) Act and as such the order complain..Category: Labour and Industrial Law | Date: | Hits: 193
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
.... Mills Limited. The tenure of the office of the said Collective Bargaining Agent expired on 20.4.1988. On 3.5.1988 Karnafully Paper Mills Employees Union applied to the Registrar of Trade Union for holding election of Collective Bargaining Agent. On receipt of the said application the Registrar ......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
....o.178 of 1969 for declaration of his title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and got possession in the suit land and he is still holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Su...... Suphir Kumar Lahiri in SA Khatian and, as such, it was listed illegally as vested and non-resident property in case No.159 of 1966-67. So the suit has been filed for declaration of title. Defendant Government contested by filing written statement. Defendant’s case is that Suphir Kumar Lahiri, the..
Category: Property Law | Date: | Hits: 130
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... Courts below found the suit not barred by limitation. Finding of the trial Court that the plaintiff is not in possession has been rebutted by the appellate Court, as the last and final court of fact holding that the plaintiff is in possession is also held legally and correctly by the appellate Cour......tire suit property of the plaintiff in favour of the defendants without paying the consideration that is the pieces of the Holy Quran as it has been mentioned in the deeds and the deeds were not read over to her before execution and registration; and she had no intention at all to make the gifts of ..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....tlement case on the aforesaid date. So the defendant denies the settlement in respect of 2.05 acres land to the plaintiffs, Defendants’ further case is that by forgery, plaintiff created a separate holding being 2746 in respect of said 2.05 acres land showing a separate plot being 545/51 and also ......80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The Subordinate Judge, Maherpur allowed Title Appeal 154 of 1989 preferred by the defendant Government, by its impugned judgment dated 19-6-90 and set aside the judgment and decree of the trial..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....hat the lower appellate Court was going to allow the appeal and set aside the judgment of the trial Court. But suddenly the lower appellate Court moved away from his findings and dismissed the appeal holding that since the petitioner and the opposite party were living together there was a marriage b......er of the plaintiff was an employee of the defendant and he fled away with an amount of Taka 35,000.00 from the shop of the defendant and when the defendant was going to arrange a ‘darbar’ for recovery of the said amount, the plaintiff brought this false suit which is liable to be dismissed. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....power on 14.11.89 in the matter as one of the creditors; that the matter remained pending for more than three years and ultimately it was disposed of ex parte on 9.8‑90 by the learned Company Judge holding that the Company was liable to be wound up and accordingly appointed the Official Receiver o......le to be wound up and accordingly appointed the Official Receiver of the Supreme Court of Bangladesh as the Official Liquidator of the said Company‑in‑liquidation directing him to attach and take over the possession of all the properties and assets of the Company‑in‑liquidation wherever situ..Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....ital and he knows the hand writing of Dr. Sunil Kumar Sarker who as Medical Officer, Netrokona, prepared the post mortem report on 27.7.82 in connection with Durgapur PS case No.3 dated 26.7.82 after holding post‑mortem examination on the dead body of deceased Abdul Aziz on that date, brought an......s‑examination that his sister‑in‑law Chabi was married with one Abdul Hakim one year back. He said that after the present case was started accused Quddus abducted Faterna @ Chabi and she was recovered and was then married to Abdul Hakim. He denied the suggestion that Chabi was married to accus..Category: Criminal Law | Date: | Hits: 112
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....Suit No.366 of 1977 on 20.12.79 and since the present suit was instituted on 5.12.81 the suit was barred under the provisions of Article 158 of the Limitation Act. The learned Subordinate Judge after holding that the suit was barred by limitation, rejected the plaint under Order 7 rule 11 (d) of the......ff. It has been averred in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultimately the dispute was referred to the 7 arbitrators, defenda..Category: Alternative Dispute Resolution | Date: | Hits: 362
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.... not record the deposition of the witnesses but merely noted in the order sheets the substance of the statements made by the witnesses on behalf of the respective parties. He rejected the application holding that the transfer could not come within the mischief of the said Ordinance by reason of the ......ms Ordinance. He points out that the legislature cannot be said to have been unaware of the provisions of the said Ordinance and yet no exception was provided for in the later law which would prevail over the earlier law that is the said Ordinance. Mr. Karmaker has no reply except the submission tha..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....qualified to file nomination paper before the Returning Officer under section 7(2)(g) of the said Ordinance. He further submits that since he was disqualified under the above provision of law his holding of office as Chairman of the said union parishad is illegal and unauthorised. In support of ......on papers before the Returning Officer. An objection was raised before the Returning Officer that the respondent No.1 was disqualified to file nomination paper under section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 (hereinafter referred to as the said Ordinance). The o..Category: Election Law | Date: | Hits: 216
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