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Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......st and proper and it may, in appropriate cases, require, by such order, reinstatement of complainant thereof and such order shall be final: provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;" 6. From the above it appears that Labour Cou..Category: Labour and Industrial Law | Date: | Hits: 162
....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......he exclusion of other chambers to submit panel of names and has also the exclusive vested right to be appointed in the Board of Trustees of the DIT under section 4.
13. It is one of the cardinal principle of Interpretation of Statutes that word found in a Statute must be given its natural meani...... corporation or a local body or a representative organisation is given a right under a law to assert a right or privilege to the benefit of many in the process the said cannot be waived as that would amount to relinquishment of a right by infringing a public policy.
He who voluntarily consents d..
Category: Civil Law | Date: | Hits: 162
....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......Court again speaking through one of us PS Dhaka for information. (Bhogwati J.) observed,
"Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of eq......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521...
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......, the building or excavation or re‑excavation of the tank, provided such person: (i) pays, within the time specified by the Authorised Officer or, the Committee, as the case may be, a fine of an amount, which shall not be less than 71,5000 and more than 71, 50,000 to be determined by that Offic..Category: Property Law | Date: | Hits: 92
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......14. Now the subject matter in both the suits relates to shop No.7 and as such the subject matter of both the suits can be said to be identical. 15. It is settled law that the very nature of the principle of consolidation implies that similarity of identity of the matter in issue in different s......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......or thereby a doubt as to its genuineness, leave should not be refused altogether but the defendant should be put on terms either to furnish security or to deposit the amount claimed in Court." The principles upon which the provisions of Order XXXVII of the Code of Civil Procedure should be applie......nature from the document on a for payment of Taka 8,00,000.00 on 24.8.86 and the same has now been treated as promissory note and further alleged in the application that the defendant paid the entire amount of Taka 8,00,000.00 through Nusrat Ali and obtained receipt from the mother of the plaintiff ..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......Bill of Entry No.C 151501 dated 27-12-2003 and provisional assessment was made of thereafter and submitted ex-bond bill of entry No.152259 dated 28-12-2003 and paid customs duty and other charges for amount of Taka 1,88,61,532.10. 11. Subsequently, the aforesaid writ petition was discharged on 19..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....can be sanctioned unless it is fully secured. Article 21(4) allows the Corporation to grant additional loan to a borrower. Article 21(8) speaks for mode of repayment of loan and it speaks for monthly installments. Article 25 empowers the Corporation to issue notice upon any borrower or surety for ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......2 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his property on payment of decretal amount. 2. In Civil Revision No.941 of 2005 it is the case of the petitioner that Bangladesh Hous..Category: Civil Law | Date: | Hits: 198
Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)
....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is summarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is summarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......tioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2-7-2008 the appeal was rejected on the ground of non-payment of 10% of the amount of demand. Thereafter, the petitioner preferred an appeal before the Appellate Tribunal, the ..Category: Fiscal/Taxation Law | Date: | Hits: 280
....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......grade. The petitioner has filed a copy of the resolution of the Bangladesh Freedom Fighters' Welfare Trust wherefrom it appears that 50% officers and staff of Head Office were to be terminated on the principle of last come first out except Freedom Fighters (Annexure X to the affidavit‑in‑reply).......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......en contract in favour of the plaintiffs and transferred possession of the said land in their favour agreeing to execute and register the sale deed on or before 1st May, 1978 on receipt of the balance amount of the consideration. Their further case is that the plaintiffs were in possession of the sui..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institution of the suit together with a further claim of interest under section 80 o..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......for shelter. Such temporary absence from their property cannot mean that their whereabouts were not known. We are, therefore, of the opinion that the absence of Respondent No.3 from his house did not amount to his whereabouts being unknown to the Government so as to make his house an abandoned prope..Category: Property Law | Date: | Hits: 158
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... of title. The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title as such. This is a well established principle of law. A registered Kabala is an evidence of title which will prevail over the other reco...... No.360 by growing seasonal crops and they got the properties from the predecessors by way of inheritance and they have appointed one Md. Moser Ali as their Attorney for maintenance of their property amounting to 3.23 acres of land including 0.52 acres of the suit land. But their names were not reco..Category: Property Law | Date: | Hits: 144
....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......the said house but lives in, House No.275 B, Road No.27(old), Block No. 'C'. Lalmatia, that he is keeping his relatives in the house in question and that he is a defaulter in the said house as a huge amount of Tk. 1,44,766.26 is still outstanding as rent and that he has no legal right to stay in the..
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......te allowed fifteen days' time to pay the balance money and the bid was accepted by the Magistrate on 6.9.88. Thereafter by notice dated 10.9.88 and 12.9.88 the bidder was asked to deposit the balance amount by the receiver. In the meantime on the application of the previous lessees Abul Kashem and o..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......ing been for enforcement of fundamental rights, it is not necessary to avail of the alternative remedy, if any. He further submits that, in fact, the order is not appealable. He also submits that the principle of natural justice was not followed in the instant case. He has drawn our attention to sec......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......unless such right of appeal is given by the statute or the rules made thereunder, inasmuch as the right of appeal is a creation of statute. Now, keeping in view the above well‑settled decisions and principles regarding right of appeal, we have to examine the question of maintainability of the pres......iling such appeal in the High Court Division is 30 days and further there is also a precondition in sub‑section 2 of section 7 of the Act for acceptance of the appeal that means 1/2 of the decretal amount must be deposited by the appellant in the Court passing the decree. The learned Advocate has ..Category: Civil Law | Date: | Hits: 169
.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......e off the defence and proceed ex parte, when the costs are not paid as directed."
In the case reported in AIR 1932 Madras, it was held that failure by defendants to furnish security to deposit the amount, in spite of orders of the Court, the Court has jurisdiction to strike off defence of the def..
Category: Procedural Law | Date: | Hits: 132
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......ppellate Joint Commissioner of Taxes, 'A' Range, Chittagong (North), Chittagong. The Appellate Joint Commissioner of Taxes turned down the contention of the assesse that disallowance of the aforesaid amount made by the Deputy Commissioner of Taxes was illegal and confirmed the disallowance in questi..
Category: Fiscal/Taxation Law | Date: | Hits: 266
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