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Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....er. He further submitted that as the learned Labour Court found that the ground of stoppage of work was not beyond the control of the employer on the basis of the materials before it, this finding on disputed question of fact cannot be disturbed in Writ Jurisdiction. 8. In reply Mr. Khalilur Ra......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..Category: Labour and Industrial Law | Date: | Hits: 193
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....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. ...... 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 ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
.... was no other or further separate agreement except the time charter, the liability to provide for bunkers remained squarely upon the time charterer during the period of the charter and it is also not disputed that the supply of bunkers were made at Port Said and also at Hong Kong during the period o......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......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..
Category: Property Law | Date: | Hits: 130
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....ng for warrant of arrest of defendant No.3 so that she would appear before the trial Court to give her thumb impression for the purpose of examination and comparison by a finger print expert with the disputed signature. But the trial Court not only rejected the said prayer of the plaintiff but also ......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... 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..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....e case of Rafizuddin Ahmed Vs. Mongla Barman and others, reported in 43 DLR (AD) 215. In para 8 their Lordships have held as under: “In a simple suit for permanent injunction with regard to a disputed landed property the relief is available to a person who is in possession. The Court may enq......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 ..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......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..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......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..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....uiyan and 4 others, has been issued calling upon the respondents namely, Government of Bangladesh and others, to show cause as to why they should not be directed to make over vacant possession of the disputed land as described in the schedule of the petition to the petitioners. 2. Case of the ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......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..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
.... Mohammad was charged under section 302 of the Penal Code for committing murder of Nirendra Nath. All the fourteen accuseds were charged under section 148 of the Penal Code for committing riot on the disputed plot No.2718 and they were also charged under section 302 read with section 34 of the Penal......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......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..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.... while participating in the tender. Under such circumstances, the claim of the petitioner is not entertainable. Lastly, it is contended in the affidavit in opposition that there are some questions of disputed facts needing evidence which may not be gone into writ jurisdiction. 11. Mr. Altaf Ho......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....been correct that the transfer was made for reasons of economic distress. 7. It is next contended by the learned advocate for the petitioner that the court below has failed to consider that the disputed property is not an agricultural land within the contemplation of the said Ordinance. Accord...... 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 ..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......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 ..Category: Election Law | Date: | Hits: 216
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......ss Ltd. Dhaka. The respondent company having not held any Annual General Meeting since its inception, the Board of Directors of the Company resolved to apply to this Court to condone the delay in holding the said meetings for the years 1974-84, in all for 11 years on the ground that there was ..Category: Business or Commercial Law | Date: | Hits: 352
....diction to decide the matter and such jurisdiction cannot be ousted by any other enactment. In support of his contention he has cited a case reported in (1981) 33 DLR (AD) page 305.
5. It is not disputed that the Administrative Tribunal Act, 1981, has been made applicable to the Bangladesh Hous......inance, the forum provided by the said Statute alone is empowered to enforce that right. In the said case, an application under section 26F of the Bengal Tenancy Act was filed by a Co-sharer in the holding for pre-emption of a portion of the said holding transferred to a stranger. The purchaser ..
Category: Procedural Law | Date: | Hits: 273
....n was elevated to a District. A separate Land Acquisition Office started functioning from the very same date at Kishoregonj. Mymensingh Land Acquisition Office had no jurisdiction to proceed with the disputed property after 1.2.84. But the respondent No.3 got the file of L.A. Case No.32 of 1981-82 m......e there could be no proposal in 1980 for acquisition of a property under the Ordinance of 1982. Thereafter it is stated that the proposal was approved by the Mymensingh Land Allotment Committee after holding a joint inspection. Notice under Section 3 of the Ordinance was served on 23.6.83. No object..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....sible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also possible to obtain a complete relief by asking for fresh polls in respect of the present disputed centres as well. He failed to do so. Having obtained complete relief in the earlier Writ Pe......fore, find that this Rule does not merit any 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) 324. ..Category: Election Law | Date: | Hits: 215
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