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Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

....or Trade Union activities as a result of which there has been no Collective Bargaining Agent (CBA) election after 1988 and that after a series of interdepartmental meetings and deliberations with the Government, a list of 40 workers and employees was prepared who had been placed under suspension for......………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases Referred to- Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BLD (AD) 71; Bangladesh Bank and oth......gh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Faruque Hasan…………………………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgmen...... 56 DLR (AD) 175; Pubali Bank Vs. Chairman First Labour Court, Dhaka and another, 44 DLR (AD) 40; Shaheda Khatun Vs. the Administrative Appellate Tribunal. Dhaka and others, 3 BLC (AD) 155; Nawabzada Md. Amir Khan Vs. Controller of Estate Duty. Pakistan and others, PLD 1961 (SC) 119 = 13 DLR (SC) 10..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....serves the right to bring the matter within the purview of section 417 A (2) of the Code of Criminal Procedure which run as follows: "Section 417 A.- Appeal against inadequacy of sentence (1) The Government may, in any case of conviction on a trial held by any Court, direct the Public Prosecutor......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......ivision (Criminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. ......elow at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...

Category: Criminal Law | Date: | Hits: 60

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....lam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Hab..............................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Habib Bank Limite......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Mansur Ali Howlader…………………………………………………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment ......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...

Category: Property Law | Date: | Hits: 81

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

....on dated 19th July, 2003 upon report section 27(1) of amended Ain as above by police officer not below the rank of Sub-Inspector of Police or upon report by any other officer authorized in law by the Government. 22. The argument advanced on behalf of accused-petitioner is that said required repor...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Amin Uddin (Md.) ……………………………………………….Petitioner Vs. State……………………………………………………………….Respondent. ......e sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..

Category: Criminal Law | Date: | Hits: 48

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......i Vanaspati Manufacturing Co Vs. Tata Oil Mills Co. Ltd Bombay, AIR 1943 Lahore 196; Bengal Oil Mills Ltd Vs. Deputy Registrar of Trade Marks, Karachi, PLD 1963(WP) Karachi 920; Kohinoor Chemical Co. Bangladesh Ltd Vs. Kohinoor Chemical Co. Ltd, 48 DLR 376; Sunil Kumar Das Vs. Canon Kabushiki Kaisha...... Supreme Court High Court Division (Civil Statutory Original Jurisdiction) Present: Md. lmman Ali J Nabisco Biscuit and Bread Factory Ltd…………………………….Petitioner Vs. Baby Food Products Ltd. and another ………………………………Opposite Parties. ......06) 287. ..

Category: Intellectual Property Law | Date: | Hits: 386

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....circumstances of the case, could permit the complainant's Counsel to conduct the proceedings on his behalf under his directions. 29. Alternatively, and that may meet the situation more adequately, Government, in the interest of justice, could notify the complainant's Counsel as special public pro......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Quddus J Md. Rezaul Haque J Motleb Mondal ………………………….. Complainant- Petitioner Vs. State & others ……………………………………………...Accused-Opposite Par......ted in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....of the top 10(ten) news papers which has got the highest circulation in the country. The figure of circulation can very well be obtained from the Publication and Information De­partment (PID) of the Government. These steps would ensure due diligence in the ser­vice of summons from the office of th......from the date of receipt of this order in accor­dance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......Court Appellate Division (Civil) Present: ABM Khairul Hague CJ Md. Muzammel Hossain J SK Sinha J Sonali Bank Limited and Others…………………………….. Petitioners Vs. Prime Global Limited and Others…………………………… Respondents Order Febr......s also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..

Category: Civil Law | Date: | Hits: 102

State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)

.... Head of the Magistracy in the District and Mostafa Kamal, Superintendent of Police, Sylhet was holding the office of the Head of Police Force in the district and both are responsible officers of the Government and it is the responsibility of both of them to comply with the orders passed by this Hon......he district and both are responsible officers of the Government and it is the responsibility of both of them to comply with the orders passed by this Hon'ble Court. Article 112 of the Constitution of Bangladesh provides that all authorities, executive and judicial, in the Republic shall act in the a............. of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...

Category: Civil Law | Date: | Hits: 1272

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

...., 1997 contains various provisions in respect, of filing of the plaint and also the procedures to be adopted for disposal of a suit filed under the Act. Section 117 of the Bankruptcy Act empowers the Government to make Rules for giving effect to the provisions of the Act. Accordingly Bankruptcy Rule...... Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs Speed Bird Navigation Co. and another Vs. Bangladesh and others, 27 DLR 170; Fazle (Md.) Rabbi and others Vs. Election Commissioner, Shere Ban......(Special Original Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. ......declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..

Category: Civil Law | Date: | Hits: 131

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....Rule requiring no inter­ference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ...... S.K. Sinha J Md. Lokman @ Lokman………………Petitioner Vs. The State………………………..............Respondents Judgment February 3, 2010. Cases Referred To- Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Taher Hossain Rushdi Vs. The State, 7 MLR (AD...... Appellate Division (Criminal) Present: Md. Mohammad Fazlul Karim CJ Md. Abdul Matin J Md. Muzammel Hossain J S.K. Sinha J Md. Lokman @ Lokman………………Petitioner Vs. The State………………………..............Respondents Judgment February 3, 2010......leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..

Category: Criminal Law | Date: | Hits: 73

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

....upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Abi Abdullah (Md.) and others……………..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..…………â€...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Abi Abdullah (Md.) and others……………..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..……………………Resp......250. ......s to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Razzaque Zoarder and others…………………………………Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgment N......ecial Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Razzaque Zoarder and others…………………………………Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgment November 9, 200......Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Razzaque Zoarder and others…………………………………Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgme......€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgment November 9, 2004. Lawyers Involved: Abdur Razzaque with Md. Oziullah, Advocates—For the Petitioners. Md. Abdun Nur, Advocate—For the Respondents. ..

Category: Employment/Service Law | Date: | Hits: 79

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

.... that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chandina" land within the periphery of any Bazar. Government also never declared the land as Bazar. It is further stated that the appellate Court belo......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Mannaf (Md.)…………………………………………………. Petitioner Vs. Md. Sohrab Ali Akand & others ……………………………………...Opposite Parti......rds at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..

Category: Property Law | Date: | Hits: 91

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

.... 3% of the bid money as income tax within 7(seven) days from date of issue of such order, failing which his/their offer shall be liable for rejection including forfeiture of the security money to the Government without further notice." "(6). If fresh auction is invited for those materials for an......of Auction Notice No. 6 of 2001-2002 which are as follows: "(4). Bank draft covering 10% of quoted value in favour of the Executive Engineer, Sylhet PWD Division, Sylhet from any schedule Bank of Bangladesh should be enclosed with offers as security, failing which their offer will be rejected. "...... 236. ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Faisal Mahmud Faizee J Executive Engineer, Sylhet Public Works Department…………….Petitioner Vs. Md. Asob Ali……………………………………………………………………………â..

Category: Business or Commercial Law | Date: | Hits: 209

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......others………………………………………Opposite Parties. Judgment February 8, 2006. Cases Referred to- Mohammad Eshaque Vs. Ruhul Amin and others, 34 DLR 342, Abdus Salam Vs. Bangladesh, 33 DLR 141. Lawyers Involved: Rufique-ul-Huq with Ahsamd Karim. Advocates—For t......ision (Civil Revisional Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Ju......istries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..

Category: Procedural Law | Date: | Hits: 90

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

....tor of the petitioner company and the petitioner Nos. 3, 4, 5 and 6 are the Directors of the petitioner company. The petitioner company was nationalised under the policy of the nationalisation of the Government. But subsequently pursuant to the government denationalization policy the petitioner comp......ourt Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Afil Jute Mills (Pvt) Ltd. and others…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents. Ju...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Afil Jute Mills (Pvt) Ltd. and others…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents......out any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..

Category: Civil Law | Date: | Hits: 125

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment Augu......tion) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment August 13, 2005. ......ial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment ......is Case is also Reported in: 58 DLR (2006) 201...

Category: Election Law | Date: | Hits: 83

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......s. State of Bihar, AIR 1989 (SC) 1593; Salam Master alias Salam and another Vs. State, 36 DLR (AD) 58; Shamsun Nahar alias Maina Vs. State, 1984 BLD (AD) 206; Abdur Rahman Vs. State, 29 DLR (SC) 256; Bangladesh Vs. Yakub Sardar and others, 40 DLR (AD) 246. Lawyers Involved: Raquibul Haque Miah......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. ...... This Case is also Reported in: 58 DLR (2006) 193. ..

Category: Criminal Law | Date: | Hits: 49

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......o Agnic reported in 1988) 1 IVLR. 1091. Mr. Hafizullah further submits that the Carriage of Goods by Sea Act, 1925 is applicable in this case since the vessel MV Jaami carried the goods from aport in Bangladesh and accordingly, the carrier is discharged from liability in respect of loss and damage t......2 MLR 265. ......hi; Nugent Vs. Smith (1876) 1 CPD 423; Transco PLC Vs. Stockport Metropolitan Borough Council, House of Lords [2004] 2AC1, page 14. para 59. Lawyers Involved: M Hafizullah, Senior Advocate with Md. Al-Amin Sarker, Advocate and Md. Ohiullah, Advocates—For the Defendant No.1, 2 and 15. Rafi..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....nce. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... This Case is also Reported in: 58 DLR (2006) 176. ......h Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Government of Bangladesh represented by the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Responde......roperty to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..

Category: Property Law | Date: | Hits: 159