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Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ry of Law, Justice and Parliamentary Affairs and Mr. Kazi Habibul Awal respectively, contested the Rule by filing separate Affidavit-in-Opposition. The Respondent No.5 filed a Supplementary Affidavit dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the Supplementary Affidavit. We have considered the submissions made by the learned Advocates appearing for the petitioner, the respondent No.5 as well as the learned Additional Attorney General and the l..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....f law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been passed w...... "Section 19. Termination of employment: For terminating the employment of a permanent worker by the employer, otherwise than in the manner provided elsewhere in this Act, one hundred twenty days' notice in the case of monthly rated workers and sixty days' notice in the case of other workers, in ......s last designation was 'senior machineman' and his gross wages was Tk. 5,767.50 per month. Respondent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the mana..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....ng upon respondent No.1 to show cause as to why he should not be directed to cancel the proceedings of Agenda No.3 of the Selection Committee of Bangladesh Agricultural Development Corporation (BADC) dated 29.12.2002 and 1.1.2003 (Annexure-P) promoting respondent Nos. 8-15 to the post of Manager/Joi......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......he gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the post of Manager/Joint Director and pass such other or further order or orders. ..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....03. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, firs......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......ed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code..Category: Property Law | Date: | Hits: 85
....eath of Md. Serajuddin approached respondent No.1 a number of times in writing and also by appearing before him to mutate the names of the heirs of late Md. Serajuddin in terms of the said lease deed dated 26‑8‑60. On 28‑7‑87 the heirs of late Mr Serajuddin applied to the Assistant Secretary......e relevant authority had given the hope that it would be done soon. But till today this mutation was not completed in favour of the petitioners. Ultimately, the petitioners caused a demand of justice notice dated 5‑7‑92, but without any result. Under the aforesaid circumstances, the petitioners ......years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kathas of land by virtue of standard agreement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceas..
Category: Property Law | Date: | Hits: 119
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....l ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhira in Nari ......ny of P.W.4 and the evidence of D.W.1, we find that the victim girl had voluntarily left her father's house and went to the house of the accused and herself embraced Islam. Learned Court below though noticed and considered the aforesaid contradiction in the evidence of the prosecution witnesses as w...... Daman Bishesh Adalat, Satkhira in Nari & Shishu Case No.77 of 1996 convicting him under section 9(Ga) of the Nari‑O‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer RI for 10 years and to pay fine of Taka 5,000.00 in default to suffer RI for further period of 4 months..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....and for a further declaration that the petitioner is not liable to pay Taka 13,28,270.00 or any other amount to Pubali Bank Limited as claimed by Pubali Bank Limited against LC No. PBL/FEB/SEM/492/88 dated 30‑07‑1988. Subsequently thereto, on 14‑104992 Pubali Bank Limited filed Money Suit No.1......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with..Category: Civil Law | Date: | Hits: 171
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....k, (2) Jahangir Mallick, (3) Mosharaf Hossain @ Mosharaf Hossain Bepari, (4) Kalu Sheikh alias Abul Kalam and (5) Kana Musa alias Moslem Sheikh have challenged the propriety of the Judgment and order dated 13.3.1991 passed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convict......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ssed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convicting the appellant Nos.1-3 under section 302/34 of the Penal Code and sentencing each of them to suffer imprisonÂment for life and also to pay a fine of Taka 5000/- in default to suffer rigorous imprisonÂment for one ..Category: Criminal Law | Date: | Hits: 78
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
.... No.2. Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case N......Court Division for winding up of Gonophone under section 241 read with sections 242 and 245 of the Companies Act, 1994 (hereinafter stated as the Act) which was admitted by order dated 11-12-2006 and notice was published in the National Daily Newspaper as well as the Bangladesh Gazette fixing the da......estion the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in b..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ance from Panchananda. Shashi Mohan Mondal transferred .34 acres of property of plot No.339 in favour of First and Second Plaintiffs and predecessor of Third - Eleventh Plaintiffs by three sale deeds dated 27.8.1975. Shashi Mohan sold out .34 acres of property from plot No.398 of Cadastral Survey Kh......f Abdul Hakim and Abdul Mazid, predecessors of Defendants-Opposite parties in respect of .06 acres of property from Cadastral Survey plot No.398 of Cadastral Survey Khatian No.68. Curiously enough to notice in this context that correction deed and the other sale deed dated 4.8.1978 had been executed....... Plaintiffs and contesting Defendants and some of the heirs of contesting Defendants of Suit are Petitioners and Opposite Parties respectively in Civil Revision case. 3. Sketch of requisite datas forming backdrop of Civil Revision Petition may conveniently be presented tersely. 4. Petitioners..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
.... 1(kha) of Section 19(1) of the Narcotics Control Act, 1990 and both of them are sentenced to death by the learned Metropolitan Additional Sessions Judge, first Court, Dhaka by his Judgment and order dated 7.7.2005 passed in Metropolitan Sessions Case No.683 of 2003. 2. P.W.2, Md. Amjad Hossain, ......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......e learned Metropolitan Additional Sessions Judge, first Court, Dhaka by his Judgment and order dated 7.7.2005 passed in Metropolitan Sessions Case No.683 of 2003. 2. P.W.2, Md. Amjad Hossain, as informÂant, lodged the F.I.R at 7.20 p.m. of 20.9.1999, of an occurrence happened at 3 p.m. of the sa..Category: Criminal Law | Date: | Hits: 112
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....te - For the Respondent No.2. First Appeal No.179 of 2001. Judgment M. Moazzam Husain J.- This appeal at the instance of the defendant is directed against the judgment and decree dated 30-7-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, ...... custody of the original cheques (Exhibit 1); letters of reminders addressed to the defendant bank-branch (Exhibit 3 Series); FIR lodged on the occurrence (Exhibit 4); seizure list (Exhibit 5); legal notice served by the plaintiff (Exhibit 6) and letter of authority, Exhibit 7. 11. P.W.2, a......00 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur br..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....short, is that complainant is a businessÂman doing business in Mymensingh who is the owner of New Al Madina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit fo......Ltd. Mymensingh branch for encashment but the same was returned unpaid on 13-02-2005 with the remark "insufficient fund" and that thereafter the complainant on 04-03-2005 and 06-3-2005 sent two legal notices requesting the accused to repay the cheque amount within 15 days but the accused did not rep......ding in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petitioner unde..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....rit Petition No.2822 of 1996. Judgment Md. Mozammel Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Public Notification No.21 (95‑96)‑Import dated 24‑1‑96 (Annexure‑A) issued under the signature of Assistant Controller of Imports and E......played a different role. At the recommendation of the Export Promotion Bureau and at the direction of the Ministry of Commerce, the office of the Controller of Imports and Exports, without giving any notice or an opportunity of hearing to the petitioners, most arbitrarily and illegally by a letter d......ng of the Rule, respondent No.5 was directed to allow the petitioner to operate their bank account lying with the respondent No.5 subject to normal banking rules and regulations. 2. Facts relevant for the purpose of the present Rule are that, the petitioners have been doing their business of proc..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
.... Advocates - For the Respondent. First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of ......sband which clearly raises a presumpÂtion in favour of stridhana and further strengthens the case of the appellant. The trial Court, he stressed, committed an error of law having failed to take into notice such a decisive piece of evidence. We are not persuaded to agree with Mr. Quayum for the prec......ini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipath, offering ..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
..... Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Othe......Assistant in the School on 16-6-1979 and since then he had been serving in the School for 14 years. On 8-7-1933, a meeting of the Managing Committee of the School was held and thereafter, it served a notice upon the plaintiff asking him to show cause as to why he should not be dismissed from service......udgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No...Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....the Respondent No.1. First Miscellaneous Appeal No.141 of 2009. Judgment M. Moazzam Husain J.- This appeal, at the instance of the defendant Nos.1-4, arises out of a judgment and order dated 23-4-2009 passed by the learned Joint District Judge, First Court, Chittagong, in Other Class ......hey were forcibly kept out of enjoyment of their property by the defendants who realized rent from the tenanted premises and continuously misappropriated the same. A Division Bench of this Court took notice of the peculiar circumÂstances of the case and affirmed the order of appointment of receiver......d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
.... by Mr. Shaukat Ali in Writ Petition No.305/87 and by Mr. Abdul Matin in Writ Petition No. 306/87 under Article 102 of the Constitution the respondents were asked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Cou......could record the correct gross total in the tally Khata, the authority took away the tally Khata from him. It has been submitted by the petitioner that whatever he did he did innocently. A show cause notice dated 30.5.85 was served upon the petitioner and he submitted his explanation vide his letter......ssain, Security Guard and the petitioner was constituted to weigh firewood supplied by contractors to the Respondent No.2. The petitioner besides his normal duties was selected to be a member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head he went to the..Category: Labour and Industrial Law | Date: | Hits: 182
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... twelfth position in the merit list and was found fit by the Medical Board and was selected for the post of Assistant Superintendent of Police. A copy of the notification giving the names of the candidates who were provisionally selected is annexed and marked as Annexure-A. 3. On 7th October, 199...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......¦â€¦Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mass. 261 at P 220; Bangladesh Vs. Md. Matiar Rahman, 1982 BLD (AD) 109. Lawyer..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....inul Islam Mamun that some boys of Uttar Kazla kidnapped Rony from the Kazla road but it is apparent from the averment of the F.I.R. that at the time of lodging the F.I.R. at about 11-45 P.M. on that date the informant having heard of the occurrence from P.W.2 Badsha and P.W.4 Rustom Ali gave the na...... prove the whole of the case. Partial departure affects credibility of the witnesses and complete departure from the F.I.R. case robs them of their credibility. 18. In the present case it is to be noticed that the prosecution has recorded its verÂsion in the F.I.R. that accused Tutul and Golzar ...... 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the Additional Metropolitan Sessions Judge, First Court, Dhaka for confirmation of the sentence of death imposed upon the condemned-prisoners, namely, 1) Tutul son..Category: Criminal Law | Date: | Hits: 98
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