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Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

.... disposed of by this judgment. 2. The facts which are material for their decision lie in a narrow compass. In the year 1981 there was a country‑wide strike of the bank‑emplo­yees. Opposite party Nos.1 to 4 in Civil Revision No.986/1988 and Opposite party No.1 in Civil Revision No.987/1988...... "(1) The service of a probationer or a temporary employee shall be liable to termination by the competent authority without assigning any reason after giving him one month's notice in writing or on payment of one month's substantive pay in lieu of such notice and the probationer of the employee sh......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......e year ending 1993. 7. The company is directed to contribute Taka 5000.00 to Diabetes Association, Shahbag, Dhaka within one month from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Rep......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101...

Category: Company Law | Date: | Hits: 358

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....er misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgment the other opposite parties, namely Mr. Md. Momen Ahmed Chowdhury Mr. Md. Mozammel Hoque Shakhidar, Mr. Md. Shamsul Haqu......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..

Category: Others | Date: | Hits: 139

Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....titutional right to maintain this petition. Secondly, he is a person aggrieved for infringement of his such right. The petitioner fails to establish such far less infringement of any right. To give a particular name to a newly created Division on the authority of section 2(1) of the Bengal Revenue C......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..

Category: Constitutional Law | Date: | Hits: 247

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....r No.27 of 1972 and was placed under the control and supervision of the Bangladesh Jute Mills Corporation, Dhaka. The respon­dent No.2, Nuruzzaman, is a clerk under the petitioner in the Finishing Department of Mill No.3. He instituted I.R.O. Case No.10 of 1985 in the Third Labour Court, Dhaka, res......o.1, under section 34 of the Industrial Relations Ordinance, 1969, herein­after referred to as the said Ordinance. His prayer was for fixation of pay from 01.07.1980 in accordance with rules and for payment of the difference after such fixation. 3. On receipt of the summons the peti­tioner ente......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..

Category: Procedural Law | Date: | Hits: 180

Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....tuakhali passed in Title Suit No.56 of 1969. It raises a short but important question as to the scope of section 9 of the Specific Relief Act. 2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief Act alleging that h......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8...

Category: Property Law | Date: | Hits: 119

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

.... the learned Munsif, Bauphal Upazila allowing an application for substitution after setting aside abatement in a pending suit. Defendant No.2 is the peti­tioner while the plaintiffs are the opposite party Nos.1-4. 2. Sometime in 1969 the plaintiffs bro­ught the suit in the First Court of Munsif......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...

Category: Civil Law | Date: | Hits: 121

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....ed. it further states that the petitioner’s collective bargaining agent entered into an agreement With the Biman Management on August 20, 1987 and the SRO prevailing at that time was binding on the party. The respondent, however, stated that, the Board of Directors of the Corporation in a meeting ......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

.... Munir Hossain and others..............Petitioners Vs. Dhaka Water Supply and Sewerage Authority & others............Respondents Judgment August 2, 1995. Result: The Rule is partly made absolute. Lawyers Involved: Khondker Mahbubuddin Ahmed, with Khondker AM Mohsenudd......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....Suit No.17 of 1979 in the Court of the Subordinate Judge, Sylhet which on transfer was renumbered as Title Suit No.18 of 1983 of the Court of Subordinate Judge, Maulavi Bazar, impleading the opposite parties as declaration‑ a) A declaration that the order passed by Defendant No.2 in EC No.15638......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....ry affidavit which are more or less in the form of reiteration of the statement made in the main petition. However, I shall state some of the facts stated therein. It is stated that the documents are part of the records on the basis of which the charge has been framed by the Court which the State ca......building a hotel in private sector violating the Rules of the Dhaka Improvement Trust (DIT). it was further stated that the petitioner requested the then Works Minister Md. Shafiqul Ghani to consider payment of the price of the land at 12 equal half yearly installments without interest. The Presiden......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....khali rejecting the Criminal Revision Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the oppo­site party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Cr......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....ugned Order No.46 dated 24.11.85 the learned Subordinate Judge rejected the application of the judgment-debtor-appellants. The Kabala was executed on the next day, i.e. on 25.11.85. Towards the later part of 25.11.85 the judgment-debtor-appellants filed an­other application praying for two days' ti......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....llowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written statement by way of deni­al of the defendant's case. Mr. Moqbul Ahmed, the learned Advocate for the opposite party, on the other hand, contended that there is no bar in Order 6, rule 17 C.P.C. to seek amendmen......out was not ab initio completely absent. Even very defective pleadings may be permitted to be cured, so as to constitute a cause of action where there was none, provided necessary conditions, such as payment of either any addition Court fees, which may be payable, or, of costs of the other side is c......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..

Category: Procedural Law | Date: | Hits: 133

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....e prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the informant's brother Sona Miah went to plough his land in plot No.527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedl­ings. The accused par......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....d his 5 brothers filed an objection petition before the Circle Officer (Revenue), Moulvi Bazar whereupon Miscel­laneous Case No.38 of 1979 was started. The par­ties were notified. After hearing the parties the Circle Officer forwarded the case record to the Additional Deputy Commissioner (Revenue)......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....business by setting up shops illegally without any valid permission. The Division Bench held that the question of encroach­ment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal property. It was held there......er, 1971 the then Administrator, Dhaka Municipality made provisional allotments of various plots of land to many persons for setting up their own shops according to the layout plan. Many persons made payment of premium of the first installment. Then they set up their own shops in the allotted premis......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....o.1 and 2 in prosecution and in further­ance of common intention dealt the dagger blow on the person of deceased Lechu Bibi and caused her death and thus committed the offence and, or in any way are parties to the commission of the offence un­der sections 302/34 of the Penal Code for murdering Lec......elied on. 15. Next witness is P.W.3 Bacchu Miah, the minor son of deceased Lechu Bibi, He also stated about quarrel of her mother with grand-mother and grand-father and paternal uncle over the non payment of money to her mother for defraying the educational expenses of the children. He was not pr......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....on. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda Das and Radhakanta Das and their names were duly recorded in CS Khatian. By amicable partition the present suit property fell in the share of Nitta Nanda Das and this Nitta Nanda Das su......ly, Exts.‑1 to 8(c). He categorically denied, that his vend6r Ram Chandra Paul did not leave this country in 1953. He stated that he purchased the suit property by two documents, Exts.4 and 4(a) on payment of the balance consideration Taka 30,000.00. He further stated that it was wrongly recorded ......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

....1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977. Against that decree ......t. Compensation being assessed on the interpretation of the clause, an award was made but it was not accepted by the lessor on the ground that the same was not paid in terms of the clause relating to payment of the compensation money. The Calcutta High Court took the view that the clause relates not...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..

Category: Civil Law | Date: | Hits: 157