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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......tment of private cleaning contractors. Such activities of the respondents are violative of the legal rights of the petitioners based on their legitimate expectations to be permanently absorbed in the service of the Authority as aforesaid. 3. Respondent No. 2 opposed the Rule by submitting an affi..

Category: Employment/Service Law | Date: | Hits: 125

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......D) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint along with the copies of documents and 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limit..

Category: Others | Date: | Hits: 185

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......ve notice as contemplated under section 138(1) (b) of the Act it must be served in any of the three modes prescribed in sub-section (1A) of the Act. He also submits that non-mentioning of the mode of service of the notice and the date of receipt of the Notice amounts to non-service of notice under s..

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......hich may be claimed in the suit. The section being a mandatory one is to be complied with and is applicable to all forms of action and all kinds of reliefs sought against Cantonment Board. Therefore, service of notice is man­datory before institution of a suit otherwise such a suit is incompetent. ..

Category: Property Law | Date: | Hits: 81

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......ourt may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioners were employees of the Bangladesh Jute Mills Corporation (shortly, BJMC) and their services were terminated on 29-8-2002. 86 terminated employees had preferred Writ Petitions against ..

Category: Criminal Law | Date: | Hits: 83

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..

Category: Property Law | Date: | Hits: 85

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......as defen­dant No.5 was their partner in the business. The no­tice under section 106 of the Transfer of Property Act was neither tendered nor they refused to accept the same and as such there was no service of notice determining the tenancy. The plea of bona fide re­quirement of the premises was f..

Category: Property Law | Date: | Hits: 66

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......ion (2). 17. It appears that on inquiry the respondent No.2 was found guilty of the charge of misconduct but he was not punished under sub-section (1) of Section 17, i.e. he was not dismissed from service. Therefore he is entitled to his wages for the period of suspension for enquiry and the Labo..

Category: Labour and Industrial Law | Date: | Hits: 166

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......ent of the People’s Republic of Bangladesh being confronted with the stupendous task of restructuring the Government machinery and re-organisation of its staff including the fresh appointees in the service of the Republic by the Mujibnagar Government, commonly known as Mujibnagar Employees, which ..

Category: Administrative Law | Date: | Hits: 183

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......outstanding dues in writing. As the appellant did not pay the amount the respondent 1 filed the suit for recovery of 7,86,28,200.35 on 1-1 1-95. The suit was registered and the Court passed order for service of fixing 1-7-96. 3. After institution of the suit the respondent 1 filed an application ..

Category: Procedural Law | Date: | Hits: 118

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......d the tender schedule and without the approval of the Hospital authority the plaintiff was not entitled to any decree for such extra work. 12. Secondly, he submits the hospital was constructed for service to the poor and distressed people but ultimately, the hospital had to be transferred to the ..

Category: Civil Law | Date: | Hits: 99

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......1) The Non-Party Care-Taker Government shall discharge its functions as an interim Government and shall carry on the routine functions of such Government with the aid and assistance of persons in the service of the Republic; and, except in the case of necessity for the discharge of such functions it..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ...... 16. PW 7, a Inspector of Police laid charge ­sheet on completion of investigation. 17. Convict-appellant has highlighted lot of grievances in bringing home contentions. Contentions pressed into service are catalogued thereunder: I. Search and seizure as required to be made in compliance wit..

Category: Criminal Law | Date: | Hits: 84

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......redit through said bank. As per terms, they paid at the margin of 35% of the price while the bank 65%. After arrival of transformer, the plaintiffs paid entire price of the transformer along with all service charges and got delivery of the transformer but the bank debited their account Taka 2,44,013..

Category: Civil Law | Date: | Hits: 92

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ......d in sections 3(1), 2(3), 5(4), 15(1) and 20 of the Value Added Tax Act, 1991, he is not liable to pay value added tax on his personal telephone set as he is not a registered taxable person rendering services to others but using it for his own use. 5. Respondent No.1, Chairman, Bangladesh Telegra..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......des and perused the application, both the petition of complaint and their order sheets and counter affidavit filed on behalf of the opposite party No. 1. 7. To appreciate the argument pressed into service by the accused-petitioners and the complainant-opposite party it would be profitable to quot..

Category: Criminal Law | Date: | Hits: 94

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......ors are co-sharers, in the case holding by purchase and what one Md. Anisul Hoque, another co-sharer transferred the case land in favour of Moulavi Md. Safiqur Rahman and Mst. Mohsena Khatoon without service of any notice on the pre‑emptors by a Kabala dated 16‑2‑1998 and the pre‑emptors lea..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......241 of the Companies Act, 1994 (hereinafter called 'the Act'). The petitioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up o..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......onthly salary/remuneration of the petitioners as the Chief Election Commissioner and Election Commissioners without any deduction on account of pension, gross or net, in connection with their earlier service in the Republic and why the respondents should not be directed to refund to the petitioner N..

Category: Employment/Service Law | Date: | Hits: 99