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....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357....... clause (a) or within thirty days from the date of the decision, as the case may be, unless the grievance has already been raised or has otherwise been taken cognizance of as labour dispute under the provisions of the Industrial Disputes Ordinance, 1959;
Provided that no complaint shall lie again..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......trued as an inculpatory confessional statement and as such no reliance can be placed on the same. He submits that this confessional statement has not disclosed any offence punishable under any of the provisions of the Penal Code. 6. It is the definite case of the prosecution that Abdul Hakim has ..Category: Criminal Law | Date: | Hits: 84
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....tice. Mr. MA Rahim has referred to the decision in the case of Secretary, Ministry of Food Vs. M/s. MF Limited reported in 44 DLR (AD) 166 to contend that the direction of the appellate Court was not mandatory and a mere technical irregularity has been committed by the Court below in not complying w......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......itioners, submitted that the offences under sections 147, 323 and 447 of the Penal Code are exclusively triable by the Village Court under the Village Courts Ordinance, 1976, and in view of the clear provisions of the said Ordinance the trial Court and the Sessions Judge acted illegally and without ..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......for acquisition of the interests of certain rent‑receivers. According to this provision, rent‑receiving interest can be acquired by notification under section 3 of the Act even before the general provisions of the aforesaid Act have been given effect to. Before acquisition of the interests of th..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....-holder or auction-purchaser is met with obstruction or resistance in obtaining possession, one of the options open to him is to apply under rule 97 but that provision is merely permissible and not mandatory and it is open to the decree‑ holder/auction ‑purchaser to apply instead for a fresh w......1 rule 99 of the Code for not allowing the decree‑holder to execute the decree without determining his claim to the disputed property. The decree‑holder opposed the application asserting that the provisions of Order 21 rule 99 have no application to the case. The learned Subordinate Judge allowe..Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......e taken only upon drawing up proceedings and holding enquiry and affording the teacher an opportunity of being heard in respect of the allegation for which the proceeding is drawn up against him. The provisions of Ordinance No. XXXVI of 1961 and the Statutes framed thereunder do not permit the respo..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....ection 39 thereof. In the context, the learned Judges of the High Court Division also misread the plain and unambiguous language of section 39 of the Act, 1990 in holding that the section has made it mandatory to investigate an offence committed under the Act either by the Director General Directora......ate the case there was no illegality in the process of investigation of the case, the High Court Division erred in law in quashing the proceedings; (b) The High Court Division misinterpreted the provisions of section 39 of the Narcotics Control Act, 1990 and thus erred in law in quashing the im..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... whether the Government of Bangladesh is responsible to pay the commission to the writ petitioner beyond the terms of contract. The determination of this point depends upon consideration of certain provisions in chapter X of the Contract Act but the High Court Division has totally ignored them whi..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......ive Appellate Tribunal. The provision for filing appeal by an aggrieved person against the order or decision passed by the Administrative Tribunal has been provided for in section 6 of the Act, but provisions have not been provided therein as to how an appeal shall be filed, registered and dispose..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......ents without having any other consideration. Even in the second agreement, the names of the petitioner Nos.2‑5 have found place in paragraph No.1. For the reasons discussed above and in view of the provisions of section 38, I am of the view that the petitioners are competent to invoke the jurisdic..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ...... petition. 11. Mr. Aminul Huq, learned Advocate appearing for the petitioner, submits that the order of cancellation of the passport of the petitioner having not been passed upon compliance of the provisions of sub‑Articles (1) and (4) of Article 7 of the said Passport Order No.9 of 1973, the i..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....rder of the Board of Intermediate and Secondary Education, Jessore as published in the Notification No.2545 dated 8.12.1981 was void, illegal, inoperative and not binding upon the plaintiff and for a mandatory injunction directing defendant Nos.1 and 2 to publish his full result in SSC Examination, ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......he Code which we have not approved, we do not consider it necessary to dwell upon the point of deciding the issue of maintainability of the suit at the stage of peremptory hearing in the light of the provisions of Order XX, rule 5 of the Code as that will be mere academic. However, we approve the de..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......and 2 including the liability of the aforesaid accident. 12. Mr. M Hafizullah submits that the defendant No.3 is the clearing and forwarding agent of the defendant Nos.1 and 2 in Bangladesh as per provisions of section 55 of the Customs Act. The liability and responsibility of the agent have been..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......ake, or direct any Subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub‑section (3) of section 204". It is apparent that under the provisions of said section 436 the Sessions Judge has been expressly empowered to direct a District ..Category: Criminal Law | Date: | Hits: 78
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....he Bangladesh Mukti Judda Kallayan Trust is directed against the judgment and order dated 19.8.90 passed by the Subordinate Judge, Narayanganj in Title Suit No.12 in Title Suit No.12 of 1986 granting mandatory injunction against the appellant namely, Mukti Judda Kallayan Trust, defendant in the suit......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... for in clause (2)". Clauses (1) and (2) of the said Article 65 are as follows: "(1) there shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......nnot be executed, it or he may. (a) make a report in writing of fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in respect of the said person and his p..Category: Criminal Law | Date: | Hits: 88
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