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Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....uring these hard days of economic crisis and that the plaintiff has already suffered for about 8 years. 8. Mr. Abul Kalam Chowdhury, the learned Advocate for the opposite party No. 1, on the other hand, submits that the plaintiff petitioner obtained the Rule only against opposite party No. 1 not ......t the Head Master of the School who has influenced the Managing Committee and finally dismissed the plaintiff on the ground that on 24‑06‑96 the plaintiff entered into the room of the Head Master over the ceiling, that the plaintiff disobeyed the order of the authority, that he removed some valu......ons of the Board and his service was protected by the principle of Natural Justice. The learned Advocate for the petitioner does not deny that the relationship of the plaintiff petitioner between the management is master and servant. Considering the decisions, the master cannot be forced to accept t..Category: Employment/Service Law | Date: | Hits: 96
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....aid deed created no right, title and interest of the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres originally belonged to Chandra Kumar Mistry who died leaving behind four sons Ambika Charan, Sashi Kumar, Satish Chandra and......maintainable in law within the meaning of proviso to section 42 of the Specific Relief Act, inasmuch as the defendants being in possession of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committed ......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
....ndustries Limited and another…………………Petitioner
Vs.
Sena Kalyan Sangstha and others……………Opposite Parties
Judgment
November 18, 1992.
Cases Referred to-
SK Ghandy Vs. LP Pugh, AIR 1924 (Cal) 598; VN Bhajekar Vs. KH Shinkar and ors, AIR 1934 (Bom) 243; Savav......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......d by the trial Court under section 151 of the Code of Civil Procedure, Mr. Syed Ishtiaque Ahmed, the learned Advocate, submits that it is well settled that the Court would not interfere with internal management of a company, even if when there are some irregularity or informalities, which could be r..
Category: Company Law | Date: | Hits: 181
....ferring to him by hire purchase the house built thereon on payment of the cost of the house; that Md. Zahoor having paid the cost and the entire consideration, the possession of the suit property was handed over to him on 29.1.63; while thus in possession he entered into an agreement on 19.1.1971 wi......, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition Leave to Appeal No.290 of 1990; Civil Petition Leave to Appeal No.6 of 1991; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116.
Lawyers Involved:
M I Faro......n his whereabout was not known and the case property vested in the Government as abandoned property under President's Order No.1‑6 of 1972 and the case property had been under the absolute control, management and supervision of the Government through different allottees. The petitioner after long ..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
.... he contends that in this case as there are conflicting claims over the cargo the ship owner or the Master of the ship cannot issue delivery order for the cargo. 3. Dr. Kamal Hossain, on the other hand, relying upon the averments, made in the plaint and the documents filed as per list contends th......he application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken up for hearing together inasmuch as the decision of the application for arrest will govern the decision of the application for injunction. 2. Mr. M Hafizullah raised question of main......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....klesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 SCC 317. Lawyers Involved: Abdur Razzaque......tion is misconceived and misplaced. The impugned actions changing the name of Salimullah Muslim Hall are continuing public wrong. There is therefore, no delay in filing the present writ petition. Moreover, Article 102 does not provide for any period of limitation. The entertainment of any applicatio......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h a view to making Sirajganj a model town by improving its ecological environment. In that regard, steps have already been taken to require illegal occupants to vacate lands in CS Plot No.3600 and to hand over the possession of the occupied lands to the respondents. It is in this context that the im......preme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result:......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is allowed. Lawyers Involved: Khandaker Mahbuhuddin Ahmed with Abdur Razzak Meah, Younus Halder and Md. Akbar Ameen, Advocates-For ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....desh through the Secretary, Ministry of Industries, Dhaka and others reported in 27 DLR 315. 6. Mr. MA Aziz Khair, the learned Deputy Attorney‑General appearing for respondent No 1, on the other hand, by referring to the definition of 'import' and 'export' as given in section 2 of the Imports a...... Paripoornam Vs. State of Kerala, AIR 1995 (SC) 1012; Collector of Central Excise & Land Customs, East Zone, Chittagong and others Vs. Azizuddin Industries Ltd., 23 DLR (SC) 73 and Md. Shoib Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Industries, Dhak......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....tten statement filed by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into evidence on her side. On the other hand, 3 D.Ws. were examined and some rent receipts, a municipal tax receipt, an electricity bill, et......had been living there on payment of municipal taxes, rent, etc. through her defendant husband who had no subsisting interest therein. Later on when her relationship with the defendant became strained over his claim of dowry the defendant through his sister's son Rabu asked the appellant to quit and ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....y the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 is set aside. The Other Suit No.121 of 1999 is decreed. The opposite parties-respondents-defendants are directed to hand over vacant possession of the suit land to the plaintiff within 30(thirty) days from this date.......nt Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymens......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....he learned trial Court that the so-called exchange as claimed by the petitioner did not take effect and that he was not therefore, a co-sharer in the case land by such exchange. 13. On the other hand, opposite party No.1 also claimed co-sharership in the case holding by way of purchase from Abd......n his possession. Subsequently, Tala Bux Biswas died leaving heirs in opposite party Nos. 2 and 3. It was alleged by the preemptor-petitioner that opposite party No. 4 transferred his 1/3rd interest covering 0.36¼ acre of land to the preemptor-petitioner by a deed of exchange dated 15‑3‑1976 an......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
....e of action to file the suit and the plaint is liable to be rejected.
4. Mr. Md. Habibullah learned Advocate appearing with Mr. Aminul Islam Mondal for the plaintiff-opposite parties, on the other hand by referring to the principle of law enunciated in the case of Secretary of State Vs. Masket &a......hool) and others reported in 46 DLR 485. Mr. Nurul Amin by referring to regulations 7(1) and 7(2) of the Board of Intermediate and Secondary Education Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977, shortly Regulations, submits that the authority of t......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....iability. The petitioner company paid Tk. 6, 00, 00,000.00 (Taka six crore) to the Trust Bank and also Tk. 14, 00,000.00 (Taka fourteen lacs) to the land owner. On receipt of the said amount the Bank handed over the title deed to the petitioner. Subsequently, the land owner executed a "General Pow......eveloper (Pvt.) Limited and others................Respondents (In Civil Petition No. 620 of 2011) Chaya Developer (Pvt.) Ltd. .........Petitioner (In Civil Petition No. 1428 of 2011) Vs. Government of Bangladesh and others ... ……………………………………..Respondents (In C......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Khokan Chandra Mondal and another........................Appellants Vs. Nanda Lal Mridha and another........nt at the time of execution of the lease deed, Saheb Ali surreptitiously obtained the signature on a blank stamp paper which could have been used for the purpose of creating the contract for sale and over the said fact he made a G.D. Entry with the local police station on 27th May, 1990. In course o......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....er the occurrence proved that he was one of the conspirator of the murder of his mother and that he did not explain his conduct following the murder of his mother. 6. The trial Court, on the other hand, observed that the appellant's wife Swapna who was present at the time of occurrence did not de...... convict Pulin Mohajan. 2. The appeal arose out of the following facts: Khiroda Bala Mahajan, mother of the appellant was said to have been assassinated on 17th August, 1987 at about 4.30 p.m. and over the said incident, Haradhan Mahajan (P.W.1), brother of the appellant, lodged an FIR with the R......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....ned by the contending parties and the same has resulted in error in the impugned decision occasioning failure of justice. 5. Mr. Oziullah, the learned Advocate for the opposite party, on the other hand, supports impugned judgment and submits that the impugned judgment does not suffer from any leg......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....iled the application under section 15(2) of the Payment of Wages Act only with a malafide intention of avoiding the limitation period of thirty days under the Standing Orders Act. 11. On the other hand, while admitting that he was terminated under section 19(1) of the Standing Orders Act, the res......tting that he was terminated under section 19(1) of the Standing Orders Act, the respondent No.1 submits that he had to file an application under section 15(2) of the Payment of Wages Act, 1936 to recover the gratuity to which he is entitled under the Memorandum of Agreement but was denied of it at ......an employee whose employment is terminated. 8. It is further stated that a memorandum of settlement under section 26(3) of the Industrial Relations Ordinance, 1969 was signed on 7-2-91 between the management and the employees’ union of the petitioner company and under Clause 19(c)(iii) of the s..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....hat the state refused to prefer appeal against the order of acquittal. 5. Mr. Md. Nazrul Islam Talukder, the learned Advocate appearing on behalf of the informant opposite party No.1, on the other hand, submits that when the State has not preferred any appeal the informant has every right to move......ular case.” “The Court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been followed or not, whether some material piece of evidence has been overlooked or misappreciated which could have a profound bearing on the order of acquittal and thing......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..Category: Criminal Law | Date: | Hits: 83
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....sar Ali J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 14.9.89 passed by the Subordinate Judge, Chandpur, in Miscellaneous Appeal No.3 of 1989 reversing those dated 31.12.83 of the Assistant Judge,......endant No.2 may not go into the possession of the suit‑land and/or break any door or window of the house of the plaintiffs situated thereon and also may not interfere with their peaceful possession over the same in any way. The plaintiffs case briefly is, that they acquired the suit property by wa......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
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