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SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ught some allegations against the management of the Bank by a complaint dated 26.11.88 alleging that the management of the Bank had taken recourse to unfair labour practices and thereby infringed the provisions of section 15(1)(a)(b)(d) and (e) of the Industrial Relations Ordinance, 1969 (hereinafte..Category: Labour and Industrial Law | Date: | Hits: 176
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......o an actual" agreement. 9. In the unreported case of Asia Khatun Vs. Kutu Bewa his Lordship of the Single Bench, High Court Division, at Dhaka was called upon to consider the distinction between provisions of sections 31 and 39 of the Specific Relief Act. In that case defendant appellant arri..Category: Property Law | Date: | Hits: 134
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....e, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sche......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......the property involved exceeds one hundred standard bighas.” Article 7 also may be quoted in this connection which is as follows: “7. A transfer of immovable property in contravention of the provisions of this Order shall be null and void and the property so transferred shall stand forfeite..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....at assessment of any amount as short-levied duty and charges without serving notice on the person required to pay the short-levied duty and charges, herein the petitioner, being violative of the said mandatory provision of law and that in the instant case the respondent No.1 having had assessed an a...... the Tariff value have been fixed on the item Plastic Sachets (Fleaxo pack) described in HS Code on 3923.21. It is submitted that then the petitioner collected the aforesaid SRO and nowhere found the provisions of the aforesaid fantastic claim of Tariff value at US $ 6.50 per Kg.” 4. Petitioner..Category: Fiscal/Taxation Law | Date: | Hits: 189
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....petitioner challenged the sale in 1976 the application was hopelessly barred by the limitation of this section. Moreover in the opinion of the appellate Court, the provision of Section 174(3)(b), the mandatory provision of the said Act regarding money to be deposited by the judgment-debtor had not...... was not available to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Section 18 of the Limitation Act, 1908 none of these provisions of law are applicable at all. The learned Subordinate Judge held that the judgment-debt..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......pplicable. Similar question was called to answer by the Appellate Division in the case of Jamila Khatun Vs. Rustom Ali, 48 DLR (AD) 110 wherein the Appellate Division held as ‘No such corresponding provisions exists in respect of suits filed by a Muslim for a corresponding relief’. In our opinio..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
...."The High Court Division observed that the Artha Rin Adalat Ain, 2003 is guided by the principles of the Code of Civil Procedure whereby 50% deposit of the decreetal amount to prefer an appeal is not mandatory. It found that the Artha Rin Adalat Ain, 2003 is a Special enactment. Therefore, the princ......he petitioners as such, auction was held after practicing fraud upon Judgment debtor as well as upon the Court. Learned Advocate further submits that, in holding auction, Court is bound to act as per provisions of section 30 and 33 of Ain, 2003 which having not be complied with the entire proceeding..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......bmitted that the persistent failures of the respondents to protect the River and its riches from the illegal, unauthorized and destructive extraction of sands by few unscrupulous are violative of the provisions of the Bangladesh Water Development Board Act, 2000, the Environment Conservation Act, 19..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ...... in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added". (The emphasis is mine) 10. The plain construction of the provisions of Order 1, rule 9 and Order 1, rule 10 sub-rule (2) make it clear that the Court is requ..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....his case. The Rule is, therefore, discharged without any order as to cost. 19. The connected Rule was with respect to amendment of the plaint by adding a prayer to the following effect- "That a mandatory order of injunction be passed directing the defendants to re-instate the plaintiff in his ......e. In support of his contention, he referred to two decisions-one reported in 29 DLR 10 and the other in 35 DLR 224. In the decision reported in 29 DLR 10, discussion is made about the statutory provisions which included the principle of natural justice. This case is not very much helpful for u..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... Rahman Chowdhury and Nizamuddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing expert and the concerned police officers. After following the legal provisions regarding in absentia trial of accused Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar..Category: Criminal Law | Date: | Hits: 127
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
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(2)……………………………
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"(3) In particular, and without prejudice to the generality of the foregoing provisions, the Government may take such steps as it thinks fit—
(e) to sell, distribute, trans..
Category: Others | Date: | Hits: 227
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......the election. Secondly, the order impugned before the District Judge being final in that by the same order the application for review was rejected and from such order appeal lies before him and the provisions of Order 43, rule 1 has no role to play in this case. Thirdly, by impugned order the lear..Category: Election Law | Date: | Hits: 194
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....be absconder. 12. These procedures though appear to be merely procedural, are in fact substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mandatory provisions of law and not merely procedural and if not followed in full it will render all......er. 12. These procedures though appear to be merely procedural, are in fact substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mandatory provisions of law and not merely procedural and if not followed in full it will render all subsequen..Category: Procedural Law | Date: | Hits: 122
....ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......he jurisdiction of Civil Court referred me to decision reported in 30 DLR 219 and 40 DLR 45 (AD) and made an attempt to argue on implied ouster of jurisdiction. In the decisions cited neither the provisions of Industrial Relations Ordinance, 1969 were considered nor the facts of these cases ar..
Category: Labour and Industrial Law | Date: | Hits: 178
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e case on the basis of the evidence recorded by an Extra Constitutional Tribunal. But on such matters there cannot be any compromise between the parties and a Court of law constituted under the legal provisions cannot be a party to such a compromise. But here in this case the Divisional Special Judg..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......lly allowed by the learned Magistrate. It is further alleged that the case was pending for obtaining sanction from the appropriate authority/and on 27‑6‑91 the investigating officer violating the provisions of section 167 of the CrPC and without obtaining any sanction from the appropriate author..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......rejected by order dated 11‑4‑1984 as he failed to appear before the Labour Court. Labour Court not being a civil Court has no jurisdiction to set aside an order of dismissal for default under the provisions of Order 9 of the Code of Civil Procedure and, as such, Labour Court acted illegally in p..Category: Labour and Industrial Law | Date: | Hits: 177
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... of the Penal Code attracting sentences of death as pronounced and handed down by the learned Additional Sessions Judge; Manikganj in Sessions Case No.73 of 1999. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to ..Category: Criminal Law | Date: | Hits: 131
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