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Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....wever, as per section 6(2) of the Act No. 13 of 2003, the Chairman and the Members of the BERC are its full-time officers. Their tenure, emoluments, seniority, removal etc. are all regulated by the relevant provisions of the Act No. 13 of 2003. Their offices are offices in the service of the Repub...... and the Members of the BERC has been left to the best judgment of the appointing authority and is, therefore, subjective in nature. The past practice of giving public advertisements in daily newspapers and formation of Selection Committees, in the absence of any statutory sanction, does not n......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tion Appeal Committee and that the Arbitration Tribunal was not constituted by proper authority in view of the fact that the Executive Committee of the Football Federation was not in existence at the relevant time, the same having also been dissolved by the Government. Since these decisions includin......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involve......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
....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.......ঠিত হইয়াছে। নথি একতরফা আদেশের জন্য গ্রহণ করা হইল।”
“Perused the ex parte deposition of the 1st party and the papers filed in the Court. The case is proved. Hence, the IRO Case No.33 of 1987 is hereby allowed e......
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
New Eastern Trading Corporation Limited……………….Petitioner
Vs.
Chairman, Third Labour Court, Dhaka and another………………..Respondents
Judgment
July 1, 1991.
Cases Referred To-
Jam......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...
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. ...... section 467 of the Penal Code was framed none of the prosecution witnesses deposed that this appellant Abdul Hakim committed any forgery. The evidence adduced disclosed that the cash memos and other papers are all genuine documents and when there is no proof of forgery no one can be convicted under...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg......al Code was framed none of the prosecution witnesses deposed that this appellant Abdul Hakim committed any forgery. The evidence adduced disclosed that the cash memos and other papers are all genuine documents and when there is no proof of forgery no one can be convicted under section 467 of the Pen..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......HCD) (1993) 349. ......d document created for the purpose of the suit and in arriving at such finding the learned Additional District Judge looked into the sale deed Ext.A1 and A2 which purports to show that both these two documents were executed by Manada Sundari by putting her LTI and her husband Nagendra signed both th..Category: Procedural Law | Date: | Hits: 105
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....ving at a firm decision as to whether the Misc. case was filed by the plaintiff Jagannath Banerjee. He has, however, raised a plea of abatement of the proceeding, but this does not seem to be so much relevant for the purpose of disposal of the instant matter. 6. Mr. MA Rahim, the learned Advocate......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. ......1993) 369. ......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 Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....ed by Annexure ‘I’ was without jurisdiction and was therefore without lawful authority and was of no legal effect. So far as the contention of the learned Assistant Attorney‑General that at the relevant time when the petitioner was placed under suspension there was no existence of the Managing......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......n) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involve......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....of the petitioner was found unsatisfactory an Enquiry Committee was duly constituted. The petitioner appeared before the Enquiry Committee and the Enquiry Committee duly held enquiry. It examined the relevant papers and recorded the statements of the witnesses who appeared before it and found the pe......titioner was found unsatisfactory an Enquiry Committee was duly constituted. The petitioner appeared before the Enquiry Committee and the Enquiry Committee duly held enquiry. It examined the relevant papers and recorded the statements of the witnesses who appeared before it and found the petitioner ......urt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Anil Krishna Mondal ……………..Petitioner Vs. Chairman, Labour Court and others……………….Respondents Judgment August 7, 1991. Lawyers Involved: Md. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
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. ......as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ffair in which other co‑sharers were not concerned. The learned Additional District Judge did not consider the registered document filed in lower appellate Court with a petition for admitting those documents into evidence under Order 41 rule 27 of the CPC which would show that defendant got the la..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....he extent Rule of Procedure can do it, to see that he acts judicially. It enables the High Court to judge whether the 1st appellate Court had independently considered the case with a consciousness of relevant points which arose for adjudication. It is also to afford the parties opportunity of knowin...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......s to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......that document which affects immovable property shall be presented for registration in the office of Sub‑Registrar within whose sub‑district the whole or some portion of the property to which such documents relate is situated. In the instant case it has already been mentioned above that two decim..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....ppeal No.229 of 1976 reversing those dated 21.8.76 and 28.8.1976 passed by the learned Subordinate Judge, 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1......s Reshidpur Tea Estate for the year 1361 BS. Ext. 1(b) is certified copy of yet another rent receipt dated 7.10.1957 for the year 1362 BS showing payment of rent on 7.10.1957. 24. These are the papers considered by the learned Judge in support of title of the plaintiff. The plaintiff asserts t......DLR (HCD) (1992) 69....... to the findings of the learned trial Court with proper and sound reasonings. Mr. Hossain argues that the learned Court of Appeal below has committed serious error of law in not considering the basic documents filed by the defendant Government such as Exhibits 'A', 'B', 'H' and W which would positiv..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....gra. In Usha Jain and others Vs. Manmohan Bajaj and others, AIR 1980 MP 146, a Full Bench of Madhya Pradesh High Court had the occasion to consider the entire scheme of Order 21 with reference to the relevant earlier decisions of other High Courts of the subcontinent. After a careful review thereof ...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ase is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....o April 2, 1982. The respondent BUET advertised for appointment to the post of Assistant Professor in its Electrical and Electronic Engineering Department and the petitioner applied for the post. The relevant selection board of respondent No.1 found the petitioner qualified for the appointment and r...... the petitioner for appointment as Professor of the said Department on probation of one year on a further condition that before being appointed permanently as a Professor he would have to publish two papers in internationally recognised journals (see Annexure 7 to the supplementary affidavit‑in‑......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
J......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.
..
Category: Employment/Service Law | Date: | Hits: 155
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. ....... Section 221 provides for agents lien on principal's property as under: "Agent's lien on principal's property-in the absence of any contract to the contrary, an agent is entitled to retain goods, papers and other property, whether moveable or immovable, of the principal received by him, until th...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………..............and it has been clearly mentioned in the agreement that the contract shall be deemed to constitute a complete agreement between the parties thereto and shall supersede all previous negotiations and documents relating to the contract, that in the contract there is a provision for arbitration and ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....ned. 2. This petition for leave to appeal has arisen out of an order dated 6-7-2009 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous Case No.5 of 2009. 3. Short facts relevant to disposal of this petition for leave to appeal are as follows: The respondent, Upazi......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. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim................................on of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or a copy thereof from any office; (e) Issuing commissions for the examination of witnesses or documents; (f) Such other matters as may be prescribed. ………………………………..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... agree. Ed. This Case is also Reported in: ...... be confirmed. 4. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 5. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the supplementary affidavit and the impugned order. 6. On perusal of the fac..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....s also not disputed that the petitioner No.1 invested the entire loan‑money taken from Pubali Bank on mortgaging his aforesaid property in the respondent company. 14. I like to quote some of the relevant portions of the two agreements: ১৪।“ পেপার কনভার্জিং......spondent No.1 also filed a rejoinder to the affidavit‑in‑reply. The petitioners also filed reply to this misjoinder. The respondent Nos.1 and 2 had filed the supplementary affidavit annexing some papers. 11. Annexure‑48 is a letter written respondent No.1 to the Managing Director, Pubali Ba......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... 1986. It was further stipulated that the respondent No.1 shall pay all the dues of the Pubali Bank and shall get the mortgaged properties of the petitioner No.1 released and this property as well as documents will be given back to the petitioner No.1 by the respondent No.1. In this agreement there ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ancellation of the passports of the petitioner and for inclusion of his name in the list of the persons, who would not be given the privilege of contained in Annexure‑D to the petition. 2. Facts relevant for the purpose of disposal of the Rule, as have been stated in the petition, in short, are...... the Parliamentary election which was scheduled to be held in May, 1986, from the Constituency No.21331 Sylhet‑6 cancelling the nomination of one Mr. Hasib. It was given a wide publicity in the newspapers. The petitioner refused to accept such nomination and decided to contest as an independent ca...... Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government...... person holding passport or travel document shall not be entitled to another passport or travel document unless he surrenders the passport or travel document held by him. Separate passports or travel documents may be issued to a person if it is necessary to do so for facilitating his visits to diffe..Category: Constitutional Law | Date: | Hits: 288
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
.... Ahmed for doing business of importing powder milk but there was no written agreement or document to prove the contention From the evidence of P.W. 5, the Investigating Officer it appeared that the relevant cheques were not seized and only counterfoils were seized. The High Court Division held tha......ellant petitioner Nazir Ahmed was acquitted. 7. We have heard Mr. AA Chowdhury, the learned Advocate for the petitioner and perused the impugned judgment of the High Court Division other connected papers on record. 8. The informant as P.W.1 claimed that he gave cheques of Tk. 38, 00,000 to the......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involv......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
.... was waiting to sail towards the sea. So MV Zahirabad was not negligent in any manner whatsoever. This is the explanation given by Mr. Rahim but the fact remains that MV Zahirabad was standing at the relevant time in the prohibited zone. Mr. Rahim submits that simply because MV Zahirabad was standin......s not maintainable against the defendants inasmuch as the plaintiff has no cause of action against the defendants particularly against defendant No.3. 5. The plaintiff has filed some documents and papers which are marked as Ext.1 series on admission and the defendants have filed some papers which......h Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Do......present suit is not maintainable against the defendants inasmuch as the plaintiff has no cause of action against the defendants particularly against defendant No.3. 5. The plaintiff has filed some documents and papers which are marked as Ext.1 series on admission and the defendants have filed som..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
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