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Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director Vs. The Chairman, First Labour Court of Bangladesh and others, 1990, 19 CLC (HCD)

....ned Advocate for the petitioner. On the contrary they go against him. In the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 223. ......ent No. 2 (Worker) as stated by the First Labour Court is as follows "The first party was a worker under the second party and he worked as a bottle washer in Bottle Washing Department to the satisfaction of the second parties. The second party No. 2 Factory‑in‑Charge on 14.6.85 brought certai..

Category: Employment/Service Law | Date: | Hits: 89

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ...... in every question put by defence the Prosecutor jumped up and interfered with and supplied the answer to the witness. No amount of protest stopped the prosecution from doing so and the court took no action and it is also alleged that on many an occasion when the prosecution kept silent the learned ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......ctor's report also supported the defence case that Arun was in loose motion while he was in the hands of the Jailor. It is also the case of the defence that there is no premeditation or pre‑concert action on the part of the accused‑appellants to cause the injuries on the person of Arun or to ext..

Category: Criminal Law | Date: | Hits: 87

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......to limitation, let the suit be admitted for hearing and plaint be registered. 4. The defendant is contesting the suit by filling written statement contending, inter alia, that there is no cause of action for filing the aforesaid suit. The suit is barred by limitation and the same is not maintaina..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......n receipt of the report from the Bureau of Anti‑Corruption, the Secretary to the Prime Minister marked Bangladesh Bank asking him to start a proceeding against those persons responsible but no such action was taken yet. 7. The petitioner company wrote on 10.2.92 a letter to the General Manager,..

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......­cise of its functions, that the law of Contempt of Court cannot be used to conceal unconsti­tutional practices of the Court, that the Courts are required to consider public opinion before adjudging actions as being contempt of Court and punishing citizens for commission of such actions and that it..

Category: Criminal Law | Date: | Hits: 124

Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)

....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ...... whom the cases were pending for trial, the petitioner filed applications under section 265C of the Code of Criminal Procedure for discharge on the ground that the complaint did not disclose cause of action. The learned Additional Sessions Judge rejected the said applications. Thereafter the accused..

Category: Criminal Law | Date: | Hits: 118

Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)

....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......nt was other than it is embodied in the docu­ment, and has caused him to act upon that belief, he cannot fall back upon section 92 of the Evidence Act and thereby escape the conse­quence of his own action. 8. The tender document, annexure-B, clearly provided that the long term loan be borne by ..

Category: Civil Law | Date: | Hits: 90

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......o. 1 is also a party. As such Mr. Chowdhury wanted to say, the respondent No. 1 who is a party to the dispute which is sub judice before the Civil Court was not, in all fairness, entitled to take any action to the detriment of another party to the said litigation. 25. In relation to the last subm..

Category: Property Law | Date: | Hits: 63

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201....... his release, on bail from the Court he went to resume his duty but he was not allowed to join his duty. In spite of many representations to the Principal Office the principal office did not take any action against the Manager as the Manager had got some high official relations in the bank. The Depu..

Category: Civil Law | Date: | Hits: 82

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193....... It was contended by him that the Rupali Bank with other specified banks was brought within the jurisdiction of the Administrative Tribunal on 25.9.84 by "Ordinance No. LX of 1984 and as the cause of action of the suit arose on 24.9.81 which was much earlier than the date of the incorporation of the..

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......ng the impugned order for removal of the tin shed within 3 days of the receipt of the said order inasmuch as without taking resort to section 3A of the Act the respondents were not authorised to take action for removal of petitioner's tin shed under section 313 and as such the impugned order was who..

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......t. Joseph High School to the effect, inter alia, that "Mr. Ishtiaq Samad has created lots of trouble in the previous school where Fazle studied and in all other common places so much so that criminal actions were taken against him and such action resulted in his six months conviction and two thousan..

Category: Family Law | Date: | Hits: 191

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127....... the case. In support of this argument he has cited the decision held in the case of Abdur Rahman @ Abdul Rahman Vs. Mokles Ali reported in 31 DLR (AD) 118 wherein it is held that though the cause of action for pre‑emption accrues on the date of the registration of the kabala where registration is..

Category: Property Law | Date: | Hits: 72

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......res of land and against this application for amendment the defendant also find another written objection contending that the amendments if allowed, the nature and character of the plaint and cause of action shall be changed. 6. The learned Assistant Judge after hearing by his order dated 16.8.89 ..

Category: Property Law | Date: | Hits: 79

Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......ee from all encumbrances. The Trial Court also found that the Ext. 3 which is the judgment of the conciliation Court given in a salish was made during the pendency of the suit and as such no cause of action for the suit thereby arose and hence he had kept Ext. 3 out of consideration in the suit. The..

Category: Property Law | Date: | Hits: 74

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......ing Officer after completion of investigation submitted police report for the alleged commission of the offence punishable under Sections 406, 420 and 506 of the Penal Code in support of the cause of action of Money Suit No.2 of 2005. Then charge was framed against the defendants-respondents under s..

Category: Civil Law | Date: | Hits: 113

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......atif and hid their dead bodies regarding which deceased Jinnah's father informed the Gopalpur PS where GD Entry No. 486 dated 6.8.88 was noted, but the petitioner sided with the murderers and took no action in the matter and that the petitioner openly supported the Awami League and gave speeches as ..

Category: Employment/Service Law | Date: | Hits: 79

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....d till the hearing of the revision case. 5. The suit, out of which the present revision case arises, is a suit for eviction of a monthly tenant and accordingly it was triable by the Court of Small Cause Courts under section 15 of the Small Cause Courts Act as the suit falls within the exception s......nizable by a Court of Small Causes shall not be tried by any other Court having jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by which the suit is triable. The action does not extinguish the jurisdiction but only prevents the exercise of it, if the suit is cog..

Category: Property Law | Date: | Hits: 66

Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)

.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......r. Syed Ishtiaq Ahmed, learned Counsel appearing for the petitioner, has submitted that the provision of Public Servants (Retirement) Act, 1974 not being available to the respondents, their purported action there under has been made with total want of authority and the impugned order is ex facie ill..

Category: Employment/Service Law | Date: | Hits: 88