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Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....of 2003 directing the petitioner to withdraw and repeal the order of punishment of reduction of basic wages of the respondent No. 2 from Taka 2700 to Taka 2340 together with suspension of promotion for three years maintaining the punishment for recovery of Taka 25,984.00 out of total value of the ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......tted also that there is specific forum for challenging the legality or propriety of punishment imposed on any worker and the respondent No. 2 also earlier availed that forum by filing a case being Complaint Case No. 9 of 2003 under section 25 of the Employment of Labour (Standing Orders) Act, 1965 i..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....Khan, Md Ziaul Haque, Advocates—For the Opposite Party. Civil Revision No. 4105 of 2005. Judgment Md. Arayesuddin J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC reco......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......d 24-10-2004, passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No. 209 of 2002, should not be set aside. 3. Fact, in short, for the disposal of the Rule is that opposite party as plaintiff instituted Title Suit No. 209 of 2002 in the Court of the Joint District Judge, 5th Court,..Category: Civil Law | Date: | Hits: 82
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....by the Senior Assistant Judge, Second Additional Court, Dhaka in Title Suit No. 172 of 1997 decreeing the suit. 2. The petitioner as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his joining re......e Appeal No. 621 of 2000 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: 59 DLR (2007) 546....... reversing the judgment and decree dated 31-7-2000 passed by the Senior Assistant Judge, Second Additional Court, Dhaka in Title Suit No. 172 of 1997 decreeing the suit. 2. The petitioner as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the D..Category: Criminal Law | Date: | Hits: 29
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule ar...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......ule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule are that, opposite part..Category: Procedural Law | Date: | Hits: 76
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....l authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in question were stated. 2. Respondent No.2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Bankruptcy Cases against the petitioner and others praying for declaring them Bankrupt......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ng for declaring them Bankrupt, to appoint receiver to take possession of the mortgaged properties and other properties of the petitioner and other defendants and other reliefs on presentation of the plaints on 20-5-98. Court registered the cases and fixed 19-7-98 for hearing and directed plaintiff ..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....Barman built up 2 shops in 0100 acres of land which were given on rent to Idris Ali and Majid Khan. Mozaffar Talukder became the owner of the shops after the death of his father, Idris Ali; that the aforesaid Gopal entered into an agreement to sell the land to the plaintiff on 02.07.1973; that on 20...... In a case of Ma Shere Mye Vs. Maung Mothkaugn reported in (3) L.R. 48 & A 217 Lord Buck Master held that it was not open to a Court under Order VI Rule 17 of the Code of Civil Procedure to allow amendment which altered the real matter in controversy between the parties. 15. In that view of...... rent to Idris Ali and Majid Khan. Mozaffar Talukder became the owner of the shops after the death of his father, Idris Ali; that the aforesaid Gopal entered into an agreement to sell the land to the plaintiff on 02.07.1973; that on 20.02.1984 Gopal died leaving two sons namely, Bolai and Barun; tha..Category: Property Law | Date: | Hits: 37
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ted 06‑06‑95 of the Court of Additional Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-K......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......etitioner. Ozair Faruque with Shahidul Islam, Advocates‑ For the Opposite Party 1 (Ka). Civil Revision No. 1982 of 2001. Judgment Mohammad Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revisional application under section 115 of the Code of Civil Procedure agai..Category: Trust/Waqf Law | Date: | Hits: 228
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Titl......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......aka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Title Suit No.164 of 1998 in the Court of Subordinate Judge, 5th Court, Dhaka w..Category: Civil Law | Date: | Hits: 77
....ourt, Dhaka in Title Suit No. 407 of 2005 rejecting an application filed by the defendant-opposite party No. 1 under Order VII, rule 11(d) the Code of Civil Procedure and also allowing an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining ......er Bench which has been reported in 58 DLR 211 in the following lines:
"For proper elucidation of section 115(1) of the Code of Civil Procedure as amended by the Code of Civil Procedure (third amendment) Act, 2003 and in determining the revisional jurisdiction of the District Judge with refer......is directed against the judgment and order dated 29-3-2006 passed by the learned Additional District Judge, Court No. 7, Dhaka in Civil Revision No. 21 of 2006 allowing the Revision and rejecting the plaint upon setting aside the order dated 3-1-2006 passed by the learned Joint District Judge, First..
Category: Property Law | Date: | Hits: 34
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....epresented by the Secretary, Ministry of Commerce. In the course of his business, the petitioner imported 300 metric tons of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 f......tion to amend the Import Policy Order in order to subject the importation of table potatoes to the same conditions to which seed potatoes are subject to whilst being imported. The conditions that the amendment seeks to impose for the importation of table potatoes are as follows: i. The import......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....dgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ………………………......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ...... by the learned Senior Assistant Judge, Monohardi, District-Narsingdi, in Title Suit No. 46 of 1996 and partly decreed the suit for preliminary partition. 2. The short fact of the case is that the plaintiff-appellant-petitioner as plaintiff instituted the suit for Partition being numbered as Titl..Category: Property Law | Date: | Hits: 40
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction dated 15-9-1998 according permission by the respondent No. 3 for prosecuting the petitioner in Metro Special Case No. 178 of 1999 arising out of Motijheel PS cas...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....olved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint ......olute and further the High Court Division did not give any opportunity to the defendant-petitioner to file additional written statement even after following the application filed by the plaintiff for amendment of the plaint; that the Court of Appeal below held that in the absence of Rattan Ali Sarde......e above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint stating, inter-alia, that Nazimuddin Sarder was the owner to the extent of 11 annas 6 gandas ..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....6, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, N..Category: Property Law | Date: | Hits: 26
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....nd Distribution Co. Ltd…………Appellant Vs. Shams Company and others………………………………….Respondents Judgment August 16, 2001. Lawyers Involved: Sufia Ahmed for Tofailur Rahman, Advocates—For the Appellant. Habibul Islam Bhuiyan with Faruque Ahmed, Adv......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No. 35 of 1986. 2. Facts are not disputed. Respondent No. 1 as plaintiff on 21-5-1986 instituted the suit in the Court of the Subordinate Judge at Brahmanbaria a d..Category: Property Law | Date: | Hits: 31
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....d by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-4. Civil Petition for Leave to Appeal No.1749 of 2009. (From the judgment and order dated the 2nd day of June, 2009......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... by the Subordinate Judge, 1st Court, Faridpur in Title Suit No. 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint bearing No.4524 dated 01.08.1992 is not binding upon the plaintiffs and that Monmohon Sheel w..Category: Property Law | Date: | Hits: 29
....d Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
Lawyers Involved:
MR Hasan and Md Khasruzzaman, Advocates-For the Petitioners.
Masud Ahmed Sayeed for Rukenuddin Mahmud, Advocates—For the Respondents No. 2.
Writ Petition No. 1270 of 1999.
...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
...... 4 of 1999 of the Bankruptcy Court, Chittagong instituted by the respondent No. 2 so far as it relates to the petitioners.
2. The respondent No. 2 Sonali Bank, Agrabad Corporate Branch, Agrabad as plaintiff instituted Bankruptcy Case No. 2 of 1999 as per Rule 4(1) of the Bankruptcy Rules, 1997 be..
Category: Banking Law | Date: | Hits: 127
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partition of ejmali land stating, inter-alia, that the properties described in schedule-1 to the......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ordinate Judge, First Court, Comilla in Partition Suit No.15 of 1968 decreeing the suit-in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partit..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....shi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabuddin Mahmood for Md. Ismail, Advoc...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......n Miscellaneous Case No. 87 of 1992 rejecting the application under Order 9 rule 13 of the Code of Civil Procedure. 2. Briefly, the facts for disposal of the Rule are that, the opposite parties as plaintiffs instituted the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code of Civil Procedure is under challenge b......stice demanded an expeditious disposal of the suit. This Court also took into account a direction recorded by this court in Civil Revision No. 826 of 1989 which was directed against an order allowing amendment of the p1aint at the instance of plaintiff-petitioner to dispose of the suit, which in thr......Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code o..Category: Administrative Law | Date: | Hits: 236
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