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Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......bunal Act, 1980 (VII of 1981) Sections 2 & 4 The Administrative Tribunal Act, 1980 shall have exclusive jurisdiction to determine the petitioners application in respect of terms and conditions of his service……………………......hul Amin J KM Hasan J Mozibul Huq ... …………Petitioner Vs. Chairman, 1st Labour Court and others...............Respondents Judgment February 6,..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......four witnesses were examined by the learned Additional Sessions Judge without obtaining the medical report as to the mental condition of the condemned prisoner whether he was fit to face the trial in terms of section 465 of the Code of Criminal Procedures as stated above. We are in the circumstances..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... 3. The defendants contested the suit filing written statement stating, inter alia, that a Civil Suit No. 16 of 1992 between the parties was disposed o on compromise and according to the terms of compromise the defendant admitted to register deed on 8‑4‑1993. On that day upo...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......No. 2. In the circumstances, the Bank on 13-9-82 obtained a compromise executed by the petitioner and thereupon, on 16-9-82 obtained a final decree upon such compromise from the Court. 3. As per terms of the compromise decree, Mr. Jamshed Ali, Advocate stood surety to the debt of the judgment d......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ...... In the reported decision, in the background of the facts of the case it has been observed; “At best, the relief claimed ‘might be stretched to a declaration of legal character. Since the terms and conditions of the respondent’s service were not regulated by any legal instrument, i......nbsp; Dudu Mia and others.........................................................Appellants ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......; Suhel Ahmed Chowdhury .....................Appellant Vs. Salahuddin Ayubi and others...............Respondent Judgment&nbs..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ...... Plaintiff having asked for restoration of possession to the building and the adjacent land measuring 0.28 acres out of 0.60 acres on plot No. 65 by way of execution of the decree is going beyond the terms of the decree and, as suck the execution case is liable to be struck off as not maintainable. ......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Sahera Khatun and others…………………..Appellants ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ...... was in error in holding that the petitioner was responsible for breach of the contract although from the facts stated in the writ petition it is found that the respondent No. 1 has not fulfilled the terms and conditions embodied in the contract, that High Court Division was in error in granting rel...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Privatisation Board ........................Petitioner Vs. AK Fazlul Huq and other ..................Respondents Judgment June 24, 2001. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
.... on bail to be arrested and may commit him to custody. The power to take back in custody an accused who has been enlarged on bail has to be exercised with care and circumspection. This power which is extraordinary in nature is meant to be exercised in appropriate cases when by a preponderance of pro......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......le issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......ed the valuation of the structures separately on 7-5-92, fixing at Taka 1, 62,368 per unit. Thereafter, the Ministry concerned on 9-2-93 decided to lease out the said houses on permanent basis on the terms and conditions, inter alia, that the persons who were occupying the houses since 1987 would ge......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ......against all the petitioners. 3. On being aggrieved by this order of the High Court Division the petitioners moved this Division and leave was granted in the following terms: “It is argued on, behalf of the petitioners that the...... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hossain (Md) and others...........Appellant Vs. Dildar Begu..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......absence of the learned Advocate of the petitioner. From the grounds taken in the revisional application it appears that the petitioner challenged the impugned judgment and order on the ground that in terms of Order 39 rule 7 CPC local inspection is contemplated only in cases where the suit property ...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......of iddat the wife is entitled to get lodging and maintenance from the husband. The Quran says: “When ye divorce women, and they fulfill the term of their (Iddat), either take them back on equitable terms or set them free on equitable term; but do not take them back to injure them, (or) to take und......so Reported in:
..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") for a period of 9 years commencing from 1st of October, 1983 subÂject to the fulfillment of the terms and condiÂtions as laid down in the aforesaid section. 3. The Reference Application No.......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For ReÂspondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......ion of employer who is employed in an establishment or industry for hire or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms or employment be expressed or implied, and for the purpose of any proceedings under this Ordin......ction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Ku..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......ts bills, it could immediately raise a dispute and refer the same for arbitration under clause 25 of the contract between itself and the said Board. The matter would have taken its usual course in terms of the contract. The concerned Ministry may constitute any number of committees for enquiry i......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……â..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......y Vs. Secretary Ministry of Home Affairs reported in 1995 BSCR (Vol. VIII) 112 the Appellate Division of the Supreme Court has found the legal and constitutional position of safe custody in following terms: “It has long been held that this kind of custody or detention is different from the custody......isional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. W..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials...... present in Court before his application for bail can be entertained. The Court, if it grants anticipatory bail, must expressly make it a condition that if the petitioner commits any breach of the terms of bail, the Court concerned will be at liberty to cancel his bail and take him into custodyâ......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......ering to his divorced wife. The mandatory mataa or gift due to the woman divorced both before consummation and before an amount of mahr had been settled, is defined by the classical Hanafi jurists in terms of three items of clothing, the fabric of which depends on the economic position of the husban......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......rt to do. The amendment in the schedule of the plaint is a matter of the trial Court and is welt outside of the jurisdiction of the Executing Court, whose function is limited to execute the decree in terms of the decree itself. If the present amendment is allowed, this will re-open the controversy b...... affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
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