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SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....ill be payable 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 mis......spondent Association. He waited for a great deal of time and when no response was received by the petitioner nor was there any payment from the respondent No.1 Association, but only verbal assurances over teleÂphone, the petitioner was constrained to issue reminder for expediting payment of dues. H..Category: Employment/Service Law | Date: | Hits: 144
.... to show cause as to why the actions taken by the respondents directing the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17â€......ducted from his monthly salary and if the pensioner wished to receive his monthly salary without deduction of gross pension, he must return the amount of gratuity of Taka 12 lac he received from the government. It was further mentioned in the said letter that the same stipulation would be applicable..
Category: Employment/Service Law | Date: | Hits: 99
....nquired upon the matter and found that Messrs Gemeon Ltd. filed the said writ petition challenging two orders upon which this Division made the Rule absolute by the judgment and order dated 21-7-2002 holding that the petitioner company is entitled to pay VAT at the rate of 4.5% since the petitioner ......) 298; Dalbir Singh Vs. State of Punjab AIR 1979 (SC) 1384; Qualcast (Wolverhampton) Ltd. Vs. Hayness, 1959 AC 743 AIR 1979 (SC) 1384; Regional Manager, Bank of Baroda Vs. Presiding Officer, Central Government Industrial Tribunal AIR 1999 SC 912; Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav, AIR..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....legations and he was discharged from service by order dated 7‑7-1993 by the petitioner-company without giving him any charge-sheet, without affording him any opportunity to defend his case, without holding any inquiry and without giving any second show cause notice. He filed an application to the ......Court and was not legally tenable. It was further stated that the plaintiff opposite party No. 1 was charged for misconduct by charge-sheet dated 6‑6‑1993 for misappropriation of Taka 2,107.68 by over writing interpolation and falsifying the medical prescriptions given to him by company's doctor..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....upon transfer of shares, is to notify the Registrar of the Joint Stock Companies and Firms, by submitting Form-XIII and schedule-X, if any change does occur in the Board of Directors or in the shareÂholding position of the company. Similarly, Companies Act permits re-valuation of shares, upon acqui......n respect of the rest of the houses; that the accused No.1 allegedly having approved the price fixed by the Price Evaluation Committee for sale of the said 18 abandoned houses has caused loss to the Government and thus committed an offence under section 5(2) of the said Act of 1947, sections 409/109..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....that the trial Court below without assigning any reason as to the question of doubting the expert opinion "Exhibit-Ga" decreed the suit mainly on the basis of documents produced by the plaintiff-Bank holding that: ৩নং বিবাদীর জবাবে ৩নং বিবাদীর ঋণ......lso disposed of. The impugned judgment and decree so far those are against the defendant No. 3 are set aside. The parties are directed to bear their own costs. The respondent-bank is at liberty to recover its decreed amount from other defendant Nos. 1-2 in accordance with law. Let a copy of this ..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....receipts which were marked as exhibits. 5. The House Rent Controller, Narayanganj hearing the parties and perusing the evidence on record by his judgment and order dated 1.3.2006 rejected the case holding that since the petitioner, a defaulter, was not entitled to deposit the monthly rent. Howeve......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...Category: Property Law | Date: | Hits: 105
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....f Mandamus, the petitioners must have a legal right to be enforced and the Biman authority must have a legal duty to be performed. In the facts and circumstances of the case, we have no hesitation in holding that the petitioners have no legal right for enforcement and the Biman authority has no lega......Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners Vs. Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Re..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... 13-6-2007 by the Joint Forces and thereÂafter she was shown arrested in this case on 31-12-2007, while investigation of the case was still going on and before submission of the police report. After holding investigation police submitted charge sheet in the present case under the aforesaid provisio......aused huge loss to the national exchequer. It has been further alleged in the FIR that the then Prime Minister Sheikh Hasina and other accused persons with an intention to cause monetary loss to the Government and to earn money for themÂselves have created an opportunity for the NIKO Resources a fo..Category: Criminal Law | Date: | Hits: 126
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....alse and fabricatÂed result sheet of the election of Malonchi Union Parishad Polling Centre has vitiated the entire elecÂtion of Malonchi Union Parishad and as such it is necessary to pass an order holding that the declaraÂtion of the Respondent No.1 as Chairman of MalÂonchi Union Parishad has b......cted that he would be elected. The Presiding Officer of Malonchi Union Parishad PolÂling Centre after the conclusion of the polls anÂnounced the result of the election of the centre and also handed over to the petitioner the result sheet showing that the petitioner secured 1706 votes. The Presidin..Category: Election Law | Date: | Hits: 171
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....ed against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local inÂvestigation of the suit land. 2. The short fact that will be necessary for th......te for the plaintiff for filing before the appropriate Court. Thereafter the plaintiff filed Title Suit No.515 of 1987 in the Court of the Subordinate Judge, Dhaka for declaration of his title and recovery of khas posÂsession. The plaint case is that the suit land measurÂing .13 decimals of land o..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ed by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has locus standi to file and maintain the writ petition. 4. In Writ P...... Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water DevelopÂment and Flood Control, Government of the People's Republic of Bangladesh, and others............Respondent (In both the Writ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
.... was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot No.1025 in SA Khatian No.105 corresponding to RS Khatian No.1251/1 in holding No.24/24 measuring 0.161/2 acre of land and SA Khatian 591/1, RS Khatian No.1024/468 measuri......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
.... of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 5. The facts as stated in Writ Petition No.1840 of 1994, in short, are that the petitioner is holding the Office of Nikah Registrar of Kalai, Jinuapur, Punat, Udaypur and Matrai Unions of Kalai ...... Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others……………Respondents Judgment ..Category: Civil Law | Date: | Hits: 90
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....t require the suit premises for her personal use and in the circumstances the suit is liable to be dismissed. The Senior Assistant Judge, Dhaka by judgment and order dated 12-10-85 dismissed the suit holding, inter alia, that the defendant No.1 is not a defaulter; that he has not set up a sub-tenant......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
.... case land from the opposite parties No.2-5 of the said Misc. Case, by a kabala dated 29-6-1970 at a consideration of Taka 3000.00. The pre-emptor Abdul Hasim also purchased some land out of the said holding by kabala dated 4th June, 1970 from Shoajan Bibi who is a co‑sharer of the said opposite p......l and another Vs. Khirode Bala Debya reported in 12 DLR 745 and submits that, where a person who was a party to the suit was made party to the appeal, but at the time of hearing the appeal it was discovered that he died before the appeal was preferred, it cannot be said that the Court is precluded f..Category: Procedural Law | Date: | Hits: 70
....ilator with his recommendation to take action. In the facts and circumstances of the case it cannot be said that the petitioner was expelled from the examination hall by the Chief Invigilator without holding an on the spot enquiry as there is no independent report of the Chief Invigilator. Notice da......om the copy of the proceedings of the said Board dated 13‑8‑95 that the petitioner was examined by the Board on that date and his explanation about his written statement was also taken. Papers recovered from the petitioner in the toilet room were also examined and then the meeting was adjourned ..
Category: Civil Law | Date: | Hits: 85
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....Have the plaintiffs their alleged rights, title and interest in the land and if so, to what extent? 4. On consideration of the materials on record trial Court decreed the suit in preliminary form holding that plaintiffs have their title in the suit jote and entitled to get saham of 11 kanis and ......xed Court fee under article 17 (V‑A) of the schedule II of the Court‑fees Act if the plaintiff alleges that he is in possession of the suit property. When a suit is filed for partition and for recovery of possession by the plaintiff alleging that he is out of possession then he is to pay ad valo..Category: Civil Law | Date: | Hits: 86
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
.... upon such information his nomination paper was rejected by an order of Returning Officer. That order was challenged in an appeal before the Upazila Nirbahi Officer, Muktagacha who allowed the appeal holding the order of rejection was illegal. Against the order of the Upazila Nirbahi Officer a writ ...... of the candidates objection was raised on the validity of the candidature of Opposite Party No.2 Mr. Faizur Rahman on the ground that he incurred disqualification under section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 and was a defaulter in payment of the loan taken from So..Category: Election Law | Date: | Hits: 148
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....nt Humayun, in the same house the convict-appellant was under an obligation to explain how his wife had met with her death. In the absence of any explanation coming from his side and when P.W.8 while holding autopsy found mark of injury on the right neck of the deceased, coupled with the conduct of ....../34 of the Penal Code was framed against the appellant and 5 other accused persons. Amongst the accused persons 3 accused including the appellant for being remained absconded charge could not be read over and explained to them. But the charge was read over and explained to the other 3 accused person..Category: Criminal Law | Date: | Hits: 112
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