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Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....asis of the report the petitioner No. 3 vide his order dated 16‑4‑1997 dismissed the respondent No. 2 from service. Thereafter, the respondent No. 2 submitted a grievance petition on 26-4-1997 by registered post and having failed to get any favourable response filed the Complaint Case No. 4/97 i......he Employment of Labour (Standing Orders) Act, 1965 in the Labour Court at Rajshahi asserting, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government......Court, Rajshahi and another...................Respondents Judgment August 15, 2004. Result: The Rule is discharged. Cases referred to- Md Mahmudul Hoque Vs. Md Shamsul Alam, 36 DLR (AD) 179; Senior Manager, Dosta Textile Mills Ltd Vs. Sudhansu Bikash Nath, 40 DLR (AD) 45 = 52 DLR (..

Category: Labour and Industrial Law | Date: | Hits: 188

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....ould not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited is that the petitioner is a company registered under the Companies Act, 1913 on 12‑2‑1985 and is engaged in the business of life ins......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...

Category: Business or Commercial Law | Date: | Hits: 271

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

....bmits that on self‑same occurrence another first information report was lodged on the self‑same date mentioning the time of occurrence same as of two others against some unknown persons which was registered as Motijheel PS Case No. 39(1)01 while one Moazzem Hossain as informant lodged a first in...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....Arms Act, 1878 against the convict petitioner. 4. Thereafter the case being ready for trial the same was transferred to the Court of Special Tribunal No.1, Dinajpur, for trial, wherein it has been registered as Special Tribunal Case No.289 of 2003. Subsequently the case has been transferred to th......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......ue in its capacity building efforts through imparting training of the officers of Customs on any customs related matter. The subjects of training shall include, inter alia, valuation, classification, post clearance audit, prevention of commercial forgery and fraud risk management, intelligence manag.......Respondents Judgment May 18, 2010. Result: All Rules are discharged. Cases Referred To- National Board of Revenue Chairman Vs. Intertek Testing Services International Ltd., 11 BLC (AD) 233; Sadharan Bima Corporation Vs. Bengal Liner, 48 DLR (AD) 143. Lawyers Involved: Fida M..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....Khatian No.480, Plot No.3861 within Mouza Bania Khamar, Police Station and District Khulna as described in the schedule of plaint. On receipt of Taka 9,000/- (nine thousand) only as earnest money, he registered the agreement for sale on 8.9.1976. It was stipulated that defendant No.1 would evict his...... order to prove his case, the plaintiff himself deposed as P.W.1 and formally proved the registered sale agreement, sale deed of his wife in respect of five decimals of land, three legal notices with postal receipts and some other documents. 7. On the other hand, defendant No.1 Mokter Ali Mondal ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the......m 11.3.1987 to 4.1.1991. He died on 5.1.1991. On his death the District Food Controller, Habiganj by his order dated 5.1.1991 transferred Kazi Khalilur Rahman, Upazila Food Inspector, Madhabpur to be posted as Officer-in-charge at Naoapara food godown with a direction to make an inventory of the sto......………………………….............................Respondent Judgment April 25, 2011. Result: The appeal is allowed. Cases Referred to- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Rahman, Advocate-For the appellant. Md. Sh..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....er section 164 of the Code of Criminal Procedure before the Magistrate of first class, Jhenaidah. 4. The case after being ready for trial, was sent to the Sessions Judge, Jhenaidah, wherein it was registered as Session Case No.15 of 1988. Thereafter, the learned Sessions Judge framed charge again...... at village Depree within the police station of Chuadanga. Instantly they rushed to Chuadanga Police Station and on enquiry came to know that the police had recovered a dead body on 5.1.1984 and held post-mortem on the same. They identified the dead body to be of Budhai by his shirt, vest and a phot......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 74

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

.... left out property and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idris Ali) and Rupchand Bibi, who transferred the same to opposite party No.1 Jira Miah by a registered sale deed dated 20.2.1974. While in peaceful possession and enjoyment over the same, the ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....operty and acquired sole proprietary right over the same. 3. Subsequently the said Ramjan Ali sold the suit property to the plaintiffs’ father and predecessor-in-interest Mukhlesuddin Ahmed by a registered sale deed dated 11.5.1978 and handed over possession thereof to him. Even after the said ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate-For the appellan..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....d remainder as opposite party or opposite parties, if the applica­tion has been presented by all the par­ties, or if otherwise, between the applicant and other parties. (2A) A miscellaneous case registered under sub-section (2) shall, unless the Court considers it necessary to take any other ev...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......elevant when the parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....cupancy holding. He claimed that the plaintiff's father settled the disputed land with the defendant and others by 4 pattas on 3.12.1927 and on the same day they made a waqf of the said property by a registered deed of waqf and the defendant was made the Mutwalli. The defendant claimed to have raiya......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... with costs. Judgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....entifying the accused who was present in the dock due to fear and that indeed he had recognized the accused in the dock. His fear was evidenced by production of and upon exhibiting three G.D. Entries registered prior to his deposition in Court on the first occasion on 8.4.2001. These GD entries desc......h the accused. The Supreme Court cited with approval the case of Babu, cited above, where it was held that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 17. In Mohim ......tances. In the case mentioned above of Abul Khair, the appeal by the condemned prisoner against acceptance of the reference was heard by the Appellate Division and the judgment is reported in 44 DLR (AD) 225. It would appear that in that case the appellant was sentenced to death by judgment and orde..

Category: Criminal Law | Date: | Hits: 94

Monir Hossain Vs. State, 2012, 41 CLC (AD)

.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......by inflicting injury on the vital part of the deceased like head; so he has rightly been awarded capital punishment of the death which cannot be interfered with by us in any way”. On perusal of the post-mortem report, the evidence of P.W.15 and the judgments, we find merit in the contention of the...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......e the above charge before the Additional Sessions Judge and Special Judge, Nababgonj on the allegation, inter alia, that while the respondent Md. Monirul Islam was attached to Rahanpur Post Office as postman, misappropriated a money order for a sum of Tk. 2,000/- which was sent in favour of one Mokt......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

.... pond because of shortage of manpower he kept .38 acre land in eastern part of the pond whereupon a hut was built under his own management and sold the remaining 2.68 acres to the plaintiff by way of registered sale deed No.11727 dated 19.09.1979 corresponding to 2nd Aswin, 1386 B.S.; that after pur......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... of Corruption Act, 1947 for misappropriation of Tk.2, 12,868.50. According to the prosecution, the respondents Abul Hossain and Md. Muzammel Haque, were in charge of motor vehicle branch of the main post office, Dinajpur, during the period between 28th May, 1985 and 19th December, 1985. They realiz......r period of sentence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......nted as Accounts Assistant vide Memo No. Dhak GE/P 34174/88/848 dated 30-6-1988 the petitioner joined Bangladesh Biman Corpo­ration on 2-7-1988 at the scale of Taka 950-2100 and was confirmed in the post on 16-2-1989. The petitioner was promoted to the post of Junior Accounts Officer on 6-4-2006. T......owing him all service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......and also to the satisfaction of the concerned authority. Subsequently, in order to reduce the manpower of the project, the Planning Commission at its meeting held on 14.05.1997 decided to abolish the post of Deputy Project Director. The petitioner on 24.05.1997 submitted a representation to the Secr...... above modification of the later part of the operating portion of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......egistrar-1 of the High Court Division. The petitioner's pay scale was fixed at TK. 2250-135X7-3195-EB-140X11-4375 under the National Pay Scale, 1997. At the time of appointment of the petitioner, the post of PA/Stenographer was classified under বাংলাদেশ সুপ্রীম কো...... Vs. Md. Mosharraf Hossain……………………………………….Respondents Judgment October 16, 2011. Result: This petition is dismissed. Cases Referred to- 59 DLR (AD) 54; Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of ..

Category: Employment/Service Law | Date: | Hits: 127