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Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......ions which should be treated as misconduct. 9. Section 18 lays down the procedure for punishment. 10. Section 19, as it stood then, provides for termination of employment in the following terms; (1) For terminating the employment of a permanent worker, by the employer, otherwise, tha......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ..Category: Labour and Industrial Law | Date: | Hits: 176
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......rticipate in the proceeding because the Labour Court was determined to proceed ex-parte. We consider, therefore, that the ex-parte proceeding was totally uncalled for and without jurisdiction both in terms of clause (d) of sub-section (2) of section 16 of the said Ordinance and in terms of Order VII......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ..Category: Procedural Law | Date: | Hits: 180
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......he date when the last general meeting ought to have been held in accordance with the statutory provision. Since no meeting was actually held, time will run from the date when the meeting fell due, in terms of the statute. But when the company has actually held its last preceding general meeting with......987) 1...
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......nd other employees the Government in 1984 has fixed the age limit of the different categories of staffs including the petitioner. And the age limits of 57 years is not applicable to the petitioner in terms of the Regulations, 1979 as amended. The respondent further denies the allegation that the age...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ..Category: Employment/Service Law | Date: | Hits: 361
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121....... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
..
Category: Employment/Service Law | Date: | Hits: 226
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......interest subject to the condition that the sponsors would build inside the hotel a Conventional Hall with 1000 seats. The DIT issued letters of allotment on 11.3.87, 23.4.87 and 6.5.87 with their own terms and conditions. The petitioner further states that after the fall of President HM Ershad the G......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......rous and certainly unusual course if you were to import legislation from a proviso wholesale into the body of the statute, although I perfectly admit that there may be and are many cases in which the terms of an intelligible proviso may throw considerable light on the ambiguous import of the sta......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Begum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......n statement by the defendant. Order 6, rule 17 C.P.C. reads as under: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of de....... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ...... other questions can be determined only after examining witnesses and documents in a full-scale title suit. None of these things can conveniently or even suitably be done by the Collector under the terms and provisions of aforesaid section 143, as it now stands. If "bona fide mistake" was not cove......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Wr..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......such lands without any right whatsoever." 13. Further defence of the Corporation is that the petitioners were allotted some plots only provisionally to be operative on fulfillment of stipulated terms and conditions of allotrhent. In 1971 1650 applications were examined and scrutinised by the......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ..Category: Property Law | Date: | Hits: 145
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......by the Calcutta Improvement Trust. Compensation being assessed on the interpretation of the clause, an award was made but it was not accepted by the lessor on the ground that the same was not paid in terms of the clause relating to payment of the compensation money. The Calcutta High Court took the ......solute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......disentitled the plaintiffs claim. The plaintiff is also not entitled to claim for suppression of the facts. The further case of the defendant is that, the claim of the plaintiff is not payable as per terms of Clause 8B of DOS insurance policy. The plaintiff having not submitted his claim under Machi...... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......gladesh Ltd.) compromised the matter amicably upon filing a solenama. The Artha Rin Adalat, 1st Court, Chittagong accepted the said solenama and the execution case were disposed of according to the terms of the said solenama. As per the terms and condition of the said solenama the judgment debtor ...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......was not barred by limitation, that the defendant No.1 on full authority of other partners decided in the middle of June, 1973 to sell/12/- annas share of the suit industry to the plaintiffs, that the terms and conditions set out in paragraph 3 of the plaint are true, that the shop at 29, Patuatuly...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......n 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 of employment be expressed or implied………….” 10. In an unreported case, the judgme...... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch..Category: Labour and Industrial Law | Date: | Hits: 184
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......e violation of which also renders the execution proceeding a nullity. Mr. Rais Uddin then attacks the award on the ground that the arbitrator has no authority in law to give interest in view of the terms of the agreement but in the instant in the case it is seen that the arbitrator has given inter......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20..Category: Alternative Dispute Resolution | Date: | Hits: 291
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......il Procedure reads as under: “Where a suit is pending in any Court against the holder of a decree of such Court on the part of the person against whom the decree was passed the Court may on such terms as to security or otherwise as it thinks fit stay execution of the decree until the pending su......ase is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......endant subsequent to the filing of its written statement is known as additional written statement. No additional written statement can be filed except by the leave of the Court and that too upon such terms as the Court thinks fit. Court allows the filing of a written statement by the plaintiff where......s plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-oppo..Category: Procedural Law | Date: | Hits: 148
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......aid Order, as if the said Order had not been repealed by this Act." 17. Even in section 4 of the Law Reforms Ordinance, 1978 (Ordinance No.XLIX of 1978) there is a saving clause in the following terms:- "Savings.- (1) Notwithstanding any amendment made by the Ordinance in the Code of Crimi...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; ..Category: Procedural Law | Date: | Hits: 152
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......ds the petitioner in a particular way and in no other way and the violative act is not mere imaginary but actual which would or had caused a loss which is irreparable and cannot be compensated in terms of money. 10. In the instant case the allegation, as mentioned earlier, is to the effect ......Advocate - For the Opposite Party. Civil Revision No.636 of 1986. Judgment Anwarul Hoque Chowdhury J. - The Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 6.8.86 passed by the learned Subordinate Judge,..Category: Civil Law | Date: | Hits: 178
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