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Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....r his own use and occupation and he terminated the tenancy with the expiry of the last day of February, 1971 by serving notice under section 106 of the Transfer of Property Act through registered post. He claimed compensation at the rate of Tk. 2/-per diem for unauthorized occupation since the t......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
.... “7. In this connection it was brought to the notice of the Cabinet that some employees of the People’s Republic of Bangladesh who had been serving the Government at Mujibnagar, have not yet been posted at appropriate place. 8. The Cabinet decided that these employees should continue to hold ......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. ......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. ......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. ..Category: Administrative Law | Date: | Hits: 183
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....tiffs made an application on 20‑9‑03 to the defendant petitioner No. 1, the President of the ad-hoc Committee to remove the Chief Election Commissioner and appoint some other Advocate to the said post and still brought the present suit on 17‑9‑2003. 13. The trial Court having refused to g......nt and order dated 6‑7‑03. The plaintiffs in their application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure stated, in short, inter alia, that the plaintiffs, the President and members of the Executive Committee of Dinajpur Bar Association for the year 1409 BS., during their t......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......om the compensation is claimed but because what has been done by the former has been accepted and enjoyed by the latter. Cf. West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779. 28. It must be remembered where a claim for compensation is made by one person against another under section 70, it i......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......intiff was a first class contractor. By tender notification dated 4‑8‑88 the defendant No. 16 the Executive Engineer, LGED at Rangpur invited tenders from enlisted contractors of the Rangpur Zila Parishad for construction of Rangpur Charitable Eye Hospital, in brief, the Hospital. The estimated ..Category: Civil Law | Date: | Hits: 99
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....thority, amongst others, to confiscate the money commensurate to the amount illegally earned and such confiscation results in to debar the person concerned to contest in the election or of any public post or a public companies, which is for all purposes alternative to the conviction; such power of t......work for enforcement of rule of law, independence of judiciary, protection of human rights, which include, amongst others, a corruption free society. The petitioners are citizens of Bangladesh and as members of different activist groups are concerned about public wrong and public injury and invasion......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. ......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
Babul Vs. State, 2002, 31 CLC (HCD)
....so, examined and non-examination of close door neighbours and Sunil Kumar Sen call for an adverse presumption under section 114(g) of the Evidence Act. 24. Section 114(g) of the Evidence Act, 1872 postulates that non-examination of independent witness raises a presumption against prosecution case......here is no law that evidence of a Police Personnel as witness is liable to be flung to wind on the ground that he is a Police Personnel. PW 1 who is, also, PW 6, PWs 3 and 4 are Police Personnels and members of raiding party. Whether PWs 1, 3 and 4 could bring home the charge against convict-appella......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
....n the other hand, submitted that as per arrangement arrived at by the parties the scraps could only be removed or taken by the plaintiffs on the basis of a delivery order issued by the bank. The bank posted a supervisor and a guard at the cost of plaintiffs to monitor the movement of the scraps. As ......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.
......C (AD) 144; Konda Lakshmana Bapuji Vs. Government of AP, (2002) 3 SCC 238; Kewal Singh Vs. Lajwanti, (1980) 1 SCC 290; Sibtain Fazil Vs. Star Films Distributor, 14 DLR 307 Dac; Messrs Eastern Federal Union Insurance Co. Ltd Vs. Messrs Quareshi Brothers, 18 DLR 62; Amin Jute Mills Ltd Vs. ARAG Ltd, 2......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.
..
Category: Civil Law | Date: | Hits: 92
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....er in ordinary mail. The petitioner has denied to have received any of such notices. 23. Regulation 113 of Schedule‑1 requires such notice should be given either personally or sent by registered post. When it could not be disputed that none of the above notices was tendered personally or sent b......ent Md. Abdur Rashid J.- This application at the instance of one Abdur Rashid Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited company; and was incorporated under the......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......ions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies Act, 2001 and submits that there is no scope for entertaining any first information report or complaint against any member of the Co‑operative Society unless the Registrar or an officer duly authorised by the Regis...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....le in future by a person. He, in elaborating his submission, submits that in the instant case the petitioner filed a petition for winding up of the Association in which he was an employee holding the post of Senior Executive at the relevant time and the instant petition is absolutely misconceived, f......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
.... on 8‑3‑2004. In this supplementary affidavit the photostat copies of the relevant notifications announcing the appointment of the petitioners and their consequent taking over of their respective posts, were enclosed. An affidavit-in-opposition on behalf of the respondent Nos.1 and 2 was sworn o......sion benefit, that this kind of deduction from salary, against commutation of pension, is equally applicable to the Chief Election Commissioner and other Election Commissioners. It is stated that the members of the Civil Service upon retirement, is entitled to net pension for life after surrender of......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....na Oil Company Ltd and another Vs. SK Dey and another reported in 44 DLR (AD) 104. Their Lordships in the said case held as follows: "In Article 135 of our Constitution, a person holding any civil post in the service of the Republic is entitled to a second show cause notice in the event of dismis...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....se No. 1 of 1997 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 directing the petitioner. Karnafuli Fertilizer Co. Ltd. to reinstate the respondent No. 2 to his former post in service with back wages and continuity in service and other allowance. 2. Respondent No. ......a) persuade a workman to join or refrain from joining a trade union during working hours, or (b) intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a member or officer of a trade union; or (c) induce any person to refrain from becoming, or cease t......udgment July 24, 2002. Result: The Rule is made absolute. Cases referred to- Secretary, EPIDC Vs. Serajul Huq, 25 DLR (SC) 80; Khulna Newsprint Mills Ltd Vs. Khulna Newsprint Employees Union, 25 DLR (SC) 85 ref. Lawyers Involved: Md. Khalilur Rahman with Zubayer Rahman Chowdhury...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....ed in those two Miscellaneous Cases. 23. In view of the deliberation recorded herein above, we are of the considered view that, so far as the petitioner is concerned, the impugned proceeding is preposterous, vexatious, oppressive and the same amounts to an abuse of the process of the Court and th......o not find any complain that the petitioner had instigated or conspired with or aided, by any act or omission, the Price Evaluation Committee or the RAJUK or the concerned Ministry or Minister or any member or employee in the process of making the decision to transfer abandoned house, or to evaluate......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ner’s case, as set out in the Writ Petition, in short, is as follows: The petitioners are the employees of the Biman Flight Catering Centre (BFCC) appointed by the BFCC Management against different posts on contractual basis. Anyway, initially BFCC was established as a project approved by the Exec......that the contractual employees be regularized and governed under the Regulations of 1979. But the said recommendation went unheeded. However, in an inquiry report dated 28-1-2002 submitted by a three-member committee of the Government, it has been stated that the appointment of contractual employees......ikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj, 41 DLR (AD) 30; Md. Ismail Hossain Vs. Government of Bangladesh, 27 DLR (AD) 353; Daily Rated Casual Labour Vs. Union of India, AIR 1987 (SC) 2342; Kerala Hotel and Restaurant Association Vs. State of Kerala, AIR...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......ficult to assess their fitness resorted to opinion poll amongst the beneficiaries as to whom they liked to succeed as Mutwaili. The sons of Moyna Miah voted for Anwar Hossain. The rest covering the members of 4 families unanimously voted for Mohammad Altaf Miah. Anwar Hossain got four votes and Mo...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262....... 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Second Labour Court of E. Pak (Now Bangladesh) & Moksud Ahmed Vs. A.K. Khan & Co. Works Union, Chittagong, 25 DLR page 192; Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 36 D......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......titution of the Peoples Republic of Bangladesh, Rule Nisi was issued by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawful authority and of no leg......on of the Peoples Republic of Bangladesh, Rule Nisi was issued by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawful authority and of no legal eff..Category: Election Law | Date: | Hits: 171
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... “Eminent Domain”. In United States of Americal Vs. Iska W Carmack 329 US 230-248 (91 Law Edition) of United States Supreme Court Report page 209 it is clearly posited that the Fifth Amendment postulates that private property cannot be taken for public use without just compensation. The Supre......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ...... is being implemented in Tangail Sadar, Delduar and Bashail Police Stations of the District of Tangail encircling an area of 13,169 hectares including Tangail Town and encompassing 176 villages of 12 Unions, 45,252 households according to 1991 census, 32 beels and 46 canals. The project site is unde......stages of project formulation, all groups of people concerned and affected by the project have been consulted and their participation have been ensured. There had been many meetings attended by Union Parishad Chairman, journalists, elite, professionals and concerned Government officials. Moreover, 3..Category: Environmental Law | Date: | Hits: 1051
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