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Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......any instituted IRO Case Nos. 78 and 79 of 1984 before the First Labour Court, Chittagong under section 34 of the Industrial Relations Ordinance (hereinafter called IRO) for the enforcement of their rights as guaranteed to them by the Companies Profits (Workers Participation) Act, 1968 (hereinafter..Category: Labour and Industrial Law | Date: | Hits: 121
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......to ensure fair justice but the provisions in the 1976 Ordinance do not provide reasonable opportunity to the delinquent to defend himself in the proceeding which is clear violation of the fundamental rights guaranteed under Articles 27, 29 and 31 of the Constitution. There is no guideline as to whic..
Category: Employment/Service Law | Date: | Hits: 67
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......ithout any lawful authority. It is contended that the impugned SRO, Annexures-D and D-l, have been issued illegally and arbitrarily and thereby the respondents are purported to have infringed equal rights of the petitioners as guaranteed under the Constitution. The respondents have no legitimate..Category: Fiscal/Taxation Law | Date: | Hits: 131
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....s for killing his father and brother with a view to grab the entire paternal property and that after getting the news of death of his father and the brother, he returned home and then he had paid the contractual amount after selling lands. In view of the above, we find that the learned Additional Se......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a suit being Title Suit No. 308 of 2002 against the petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT now added defendant No. 5, RAJ..Category: Property Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
.... parties in business transaction through performance of guarantee or letter of guarantee. The decisions show that court will not interfere by granting an injunction from performing or discharging contractual obligation. The letter of guarantee was given in this case by the plaintiff and the defe...... Diplock in delivering the judgment for the House of Lords observed in the relevant portion of the judgment thus:- "The first, which I will call the documentary credit point, relates to the mutual rights and obligations of the confirming bank and the beneficiary under a documentary credit. It..Category: Business or Commercial Law | Date: | Hits: 209
....ir lawful authority has disconnected the gas line in terms of the contract. In our view, the learned trial Court committed an error of law in failing to consider that the relationship between the two contractual parties is governed by the terms of the contract mutually agreed upon by them and hence ......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......” buyers be restrained “from taking steps in purported enforcement of the said contract,” and ‘declaration, if necessary, that the said contract stands discharged and that the parties have no rights or obligations thereunder.”
In an elaborate judgment in setting aside order of stay, a ..
Category: Civil Law | Date: | Hits: 101
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......dated 14‑11‑1999 for his reinstatement in his previous post and position as "unskilled labour" and that such change of designation and the transfer of the petitioner has infringed his fundamental rights of Trade Union activities ensured by Article 38 of the Constitution and as well as section 3(..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....hereafter, the contractor wrote a letter dated 7‑2‑2000 to the petitioner requesting him to withdraw the order of blacklisting admitting that he could not execute the work timely and according to contractual specification due to his financial constraint and family problem, Annexure‑G. The peti......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......e which needs consideration and the comparative balance of convenience and inconvenience has also to be looked into. In exercising this jurisdiction, the Court does not profess to determine the legal rights of the parties in respect of the property, but acts on the assumption that the party seeking ..Category: Property Law | Date: | Hits: 21
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ...... petitioner got the impugned notices served collusively and with malafide intention. So the order as contained in the impugned notices is un-constitutional and void being violative of the fundamental rights of the petitioner guaranteed by Article 31 of the Constitution and those notices are liable t..Category: Anti-Corruption Laws | Date: | Hits: 232
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......arned Advocate appearing in Writ Petition No. 5951 of 2003, that the aforesaid sections 5 and 6 of Druta Bichar Tribunal Ain, 2002, in short the Ain, and the Notification are violative of fundamental rights guaranteed under Articles 27,31,32 and 35 of the Constitution and that sections 5 and 6 of th..Category: Criminal Law | Date: | Hits: 50
.... on the petitioner nor it is required under section 492 of the Criminal Procedure Code to serve any show cause notice upon the Special Public Prosecutor for his removal. The relationship is basically contractual and it may be terminated by either side. It has been argued by the learned Advocate for ...... or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of the Constitution. Article 31 of Part III of the Constitution dealing..
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......talments and some of them also paid their all dues and the allotment was made in respect of 31 residential plots. It is further stated that there is no material on record to show that any fundamental rights or Constitutional right of the petitioners has been violated. 7. We have heard Mr MI Faroo..Category: Environmental Law | Date: | Hits: 259
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......d property under President’s Order No.16 of 1972 and including of the same in the list of abandoned house while it does not fall within the mischief of abandoned building/house violates fundamental rights of such a person to hold a property. The petitioners, as it appears, are in possession of the..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ASAKAKA Pa: Ni : Shakha /l1/2003/145 dated 25-6-2003 (Annexure A) for appearing in the Viva-Voce Examination issued under the signature of the respondent No. 2 which is violative of their fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution. The respondents in order to ensure ..Category: Employment/Service Law | Date: | Hits: 134
....re-'E') and 31-7-2004 (Annexure 'E(1)'). Concurrent to pursuing the respondent Ministry regarding the issuance of the NOC the petitioner, both by reason of its operational exigencies as well as its contractual commitments under the Distribution Agreement in Annexure 'A', took prudent steps to equi......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....is not maintainable. In support of his contention he referred the case of Safi Ahamed Chowdhury vs. Pubali Bank reported in 54 DLR 310 wherein it is held: “A declaration with regard to the contractual or financial obligation involved or transaction between the parties cannot come within t......es: "If at any time any dispute, doubt or question shall arise between lessor and the lessee touching the construction, meaning or effect of this deed or any clause thereof or their respective rights and liabilities hereunder, the same shall be referred to the arbitration of the Chairman of t..Category: Property Law | Date: | Hits: 31
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ith regard to the provisions of section 3 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, the learned Advocate submits that, although this is a subsequent enactment, it cannot take away the rights given to the child accused, known as 'youthful offender' under the Children Act, 1974, since ..Category: Criminal Law | Date: | Hits: 167
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