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Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)

....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......or the Respondent No.2. Writ Petition No.547 of 1985 along with Writ Petition Nos.548, 549 and 550 of 1985. Judgment Sultan Hossain Khan J. - These four Rules have arisen out of four similar decisions made in four Industrial Relations Ordinance Cases (hereinafter referred to as I.R.O. Cases..

Category: Labour and Industrial Law | Date: | Hits: 147

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....ng and pos­sessing the suit plot for over 12 years Promode Ranjan Paul made a gift of the land along with other property in favour of his son and attorney Ashim Kumar Paul by registered deed of gift dated 11.01.1981. An un­specified area of .16 acre out of the suit plot is the property in the suit......is not entitled to get any relief on the basis of this principle of law as the suit has otherwise been found to be not maintainable in law. Accordingly, the learned Subordinate Judge has reversed the decision of the learned Munsif and allowed the appeal. Against the decision of the learned Subordina..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....spondent No.1. Appeal from Original Decree No. 122 of 1992. Judgment Md. Tafazzul Islam J.-This appeal, at the instance of the plaintiff appellant is directed against the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Su......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...

Category: Property Law | Date: | Hits: 104

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....h Nandy Advocate—For the Petitioner. No one—For the Opposite Parties. Civil Revision No. 3375 of 2002 Judgment Gour Gopal Saha J.-This Rule is directed against the Judgment and decree dated 18-4-2002 passed by the District judge, Chuadanga in Title Appeal No.73 of 2001 on reversing t......of the case are that the petitioner as plaintiff instituted Title Suit No.10 of 1999 in the 2nd Court of Subordinate Judge, Chuadanga against the defendant Opposite parties for a declaration that the decision of the Governing Body of Jiban Nagar Degree College placing the petitioner under suspension..

Category: Employment/Service Law | Date: | Hits: 194

Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)

....s (In both the Revisions). Civil Revision No.3814 of 2006 with 4743 of 2007. Judgment Miftah Uddin Choudhury J.- The above numbered 2(two) revisions arise out of the same judgment and decree dated 13-2-2006, passed by the Joint District Judge, Additional Court, Sylhet, in Title Appeal No.72......the revisional Court. He also submits that in the similar circumstances our Appellate Division expressed the view to accept the additional evidence even in revisional stage. In sup­port he cited the decisions in the cases of Meher Banu Vs. Abdul Barek and Muslim Bepari, reported in 13 BLT (AD) 177,..

Category: Property Law | Date: | Hits: 97

ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)

.... who passed from a recognised institution felt aggrieved at those actions of the Board. They challenged the actions in Writ Petition No.560 of 1987 and a Division Bench of this court, by the judgment dated March, 8, 1989 declared the action of the Board in permitting the students to appear at the qu......f the Board in allowing the unrecognized institutions to function was, however, found lawful. 6. In the meantime a new Board was formed with Mr. Khan‑e‑Alam Khan as Chairman. In view of the decision in the Writ Petition the new Board declined to allow the students who underwent courses of ..

Category: Others | Date: | Hits: 154

Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)

....cate ‑For the State. Criminal Appeal No.23 of 1988. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of Dalilur Rahman and 10 other convicts is directed against judgment dated 13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all ......ew that the accused had common intention to murder him and as such the learned Sessions Judge was justified in convicting the appellants u/s. 302/34 BPC. In support of his contention he relied on the decision in the case of Fateh Khan Vs. The State reported in 15 DLR (SC) 51. 25. From the evi..

Category: Criminal Law | Date: | Hits: 148

Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)

....he State. Criminal Appeal No. 54 of 1982. Judgment AM Mahmadur Rahman J. - This appeal under sections 417 and 418 of the Code of Criminal Procedure is directed against the older of acquittal dated 07.10.1982 passed by the Sub-divisional Magistrate, Barguna in C.R. Case No.7 of 1982. 2. T......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ..

Category: Criminal Law | Date: | Hits: 123

Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)

.... No.210 of 1976. Judgment Fazle Hossain Mohammad Habibur Rah­man J.- This appeal is directed against the judgment and decree passed by Mr. B. Rah­man, Subordinate Judge, 3rd Court, Chittagong dated 30.08.1975 and 30.09.1975 respectively in Money Suit No.24 of 1969/44 of 1971 decree­ing the ......e condi­tion of the goods in which they were actua­lly found at the time of survey by a person who is conversant with the commodities about which the survey was made. This view finds support in the decision in the case of Adam Ltd. Vs. East & West Steamship Company reported in PLD 1962 Karachi..

Category: Business or Commercial Law | Date: | Hits: 463

Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

.... of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitioner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,00,000.00 and do in pursuance ......s inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upon the court itself ? This is the question for decision before me. The problem aims thus, in August, 1973, one Sk. AM Ershad, the predecessor of th..

Category: Procedural Law | Date: | Hits: 130

Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)

....d with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Court Division in Civil Revision N......eved‑ (a) by a decree or order from which an appeal is allowed, but from which no appeal has been Preferred. (b) by a decree or order from which no appeal is allowed, or (c ) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and importa..

Category: Property Law | Date: | Hits: 157

Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....- For the Opposite Parties. Civil Revision No. 2159 of 1990. Judgment Md. Mozammel Haque J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 20.8.90 passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545...

Category: Property Law | Date: | Hits: 123

Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)

.... the petitioner Shewe Hla Prue TK A Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause why the order contained in Memo No. Rev. 111‑12/85‑779(7) dated 19.12.85 issued by the Deputy Commissioner, Bandarban, respondent No.2 (Annexure‑E) should n...... the interest of the people and proper administration refired the petitioner as Headman of Naithong Mouza but he was allowed to continued as Headman of Shekdu Mouza. This was purely an administrative decision and it neither for misconduct nor for incompetence or misconduct as such the said Rule 48 w..

Category: Others | Date: | Hits: 171

Ator Ali and others Vs. State, 1989, 18 CLC (HCD)

.... Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia and was directed to serve similar sentence from the date of his arrest or surrender. 2. The Prosecution case as stated by P.W.1 Md. Shahid Miah is th......ave relied upon the statement of P.W.11. The learned Advocate submitted that the evidence of an approver cannot be corroborated by his previous statement recorded under section 164 CrPC and cited the decision in the case of Ismail Sarker Vs. The State, 33 DLR 320 which we shall consider shortly. He ..

Category: Criminal Law | Date: | Hits: 145

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....spondent No.1. Appeal from Original Decree No.76 of 1963. Judgment Badrul Islam Cliowdhury J.- This appeal a the instance of defendant Nos.24 and 31‑38 arise out of the judgment and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of......dentity of the land which were subject matter of the previous suit and with respect to which decree was passed by a competent Court. Mr. Khondker further contends that in order to arrive at a correct decision there should be fresh survey of the locality by a competent surveyor and in the map the con..

Category: Property Law | Date: | Hits: 118

Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)

....s that the suit land and the structures thereon belonged to Nabadwip Chandra Paul who sold the same to the plaintiff and his brothers Jogendra Lal Poddar and Fani Bhusan Poddar by a registered kabala dated 14th Aswin, 1336 B.S. Jogendra Lal Poddar is the defendant No.1 and defendants Nos.2-4 are the......idence in establishing that the suit property was pur­chased with the joint family fund and not with the fund of defendant No.1. For the reasons stated above, I find no error or illegality in the decision of the lear­ned Subordinate Judge causing failure of justice for interference. Accordin..

Category: Property Law | Date: | Hits: 111

Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)

....in by the learned Magistrate, Chuadanga for another period of 10 days from 02.10.1984 upto 11.10.1984. In pursuance of a detention order by the Additional District Magistrate, Dhaka under Memo No.361 dated 08.10.1984 the detenue was detained under sub-section (2) of section 3 of the Special Powers A......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..

Category: Criminal Law | Date: | Hits: 116

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....ed: Aftab Hussain, Advocate -For the Petitioner. No one - For the Respondents. Writ Petition No. 424 of 1985. Judgment Amin-Ur-Rahman Khan J. - This Rule is directed against the order dated 29.10.1985 passed by the respondent No.8 namely, The Chairman, Labour Court, Chittagong in I.R......ge of section 43 no industrial dispute can be deemed to exist unless it has been raised in the prescribed manner by a collec­tive bargaining agent or by an employer. 9. In this connection several decisions were cited from the side of the petitioner. The earliest cited decision's a decision of th..

Category: Labour and Industrial Law | Date: | Hits: 204

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ghest sacrifice in the War of Liberation in 1971 and/or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4(four) weeks from date. Order of the Court Since we are in difference of opinion let this matter be placed befor...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...

Category: Constitutional Law | Date: | Hits: 314

Babu Khan Vs. State, 2003, 32 CLC (HCD)

....For the State. Criminal Appeal No.2388 of 1997. Judgment Amirul Kabir Chowdhury J.-At the instance of the accused appellant Babu Khan this appeal has been directed against judgment and order dated 28­-1‑1986 passed by the learned Sessions Judge, Rajbari in Sessions Case No.75 of 1985 con......nder section 340 of the Code of Criminal Procedure and Article 33 of our Constitution the right to consult and to be defended by a legal practitioner has been guaranteed. 7. In this connection the decision in the case of State Vs. Imdad Ali Bepary in 36 DLR 333 may be referred to wherein their Lo..

Category: Criminal Law | Date: | Hits: 123