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Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....nstitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made witho...... him any opportunity of being heard, the enquiry officer filed the enquiry report. Instead of considering the reply filed by the petitioner, respondent No. 3 by a memo dated 30.3.2010 issued a second notice for showing cause informing the petitioner that his reply was not satisfactory. As such, he w......o.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.1997, the petitioner was appointed Nikah Registrar for No.11 Cheora Union Parishad, Choudagram, Comilla. He has since been discharging his duties of Ni..Category: Civil Law | Date: | Hits: 128
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....nder law. 3. The illegal activities of the respondent No.5 had also attracted the attention of the media and press and accordingly national daily “Prothom Alo” published a report in its issue dated 22.06.2008 and 04.8. 2009 and another national daily the “Samokal” published its report in......compliance have been filed by the respondent Nos.3 and 4 respectively on behalf of Dr. Atiur Rahman, Governor, Bangladesh Bank and Mr. Md. Sarwardi, General Manager of Bangladesh Bank. By drawing our notice to Annexure-1 of the affidavit of compliance and also paragraph 7 and 8 wherein the entire po......vice under the respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wher..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....Chairman of the Bangladesh Energy Regulatory Commission (BERC) under Memo No. বিজাখস(প্র-৩)/বা এরেক/নিয়োগ(চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 issued by the Ministry of Power, Energy and Mineral Resources (Annexure-'D') and wh......ered as a trust with the office of the Sub-egistrar, Uttara, Dhaka on 30-7-2008 with the specific objects and purposes and under the terms and conditions mentioned in the deed of trust. An employment notice was published in the Daily New Age on 7-12-2003 by the Ministry of Power, Energy and Mineral ......িজাখস(প্র-৩)/বা এরেক/নিয়োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 and has been continuing to hold that office as such. He is a former Comptroller and Auditor-General of Bangladesh. He held the constitutional office of the Compt..Category: Employment/Service Law | Date: | Hits: 92
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....eals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant Sessions Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge under s......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. ...... Chowdhury (In Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learn..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
.... of his wife Manada Sundari for his own interest and benefit and accordingly he had been in possession thereof and consequently defendant purchased the suit land from Nagendra by registered sale deed dated 16.2.62 vide Ext.'A' and by virtue of this purchase defendant acquired valid right, title and ......onsider this recital of the deed Ext.'A' wherein Manada Sundari had attested by putting LTI. By attesting sale deed Ext.A wherein she has been described as name lender in respect of suit land escaped notice of both Courts below. Had this recital in Ext.A been considered by the courts below finding o......ssed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money..Category: Procedural Law | Date: | Hits: 105
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....nts and some other proforma defendants for declaration in respect of some properties situated in Khulna town. Defendant Sharnsuddin Ahmed filed a written statement and was contesting the suit. On the date of peremptory hearing, that is, on 7.4.82 the defendant was ready but the plaintiff was absent ......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. ...... others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Adv..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....cle 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Building Dhaka, under Memo No.Shiksha/III/90/551 dated 28.8.90 whereby he suspended the petitioner who was acting as the Assistant Headmaster of Utta......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.......quiry and a Magistrate had no authority to hold any such inquiry. Thereafter, the respondent No.1 suddenly placed the petitioner under suspension and appointed the respondent No.4 Mr. AKM Kader to perform the functions of the petitioner by issuing the impugned Memo No.Shiksha/III/90/551 dated 28.8.9..Category: Employment/Service Law | Date: | Hits: 59
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
.... Advocates - For the Respondents. Appeal from Original Order No.539 of 1991 with Civil Revision No. 105 (FM) of 1991. Judgment Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.......claration that the order by the defendant No.2 appointing defendant No.1 as ejarader of the suit hat for 1398 BS on the basis of the auction sale of the Hat that took place on 11.4.91 in pursuance of notice dated 28.3.91 is illegal, without jurisdiction, etc. The plaintiff also filed a petition for ......Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2...Category: Civil Law | Date: | Hits: 74
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the opposite party Nos.1‑9 to show cause why the judgment and decree dated 28.2.1981 and 6.3.1981 respectively passed by the learned Additional District Judge, 2nd Court......m the Manager of the said Tea Company and clearing the jungles, plaintiff No.1 was possessing the same without any interruption or obstruction. That defendant No.1, Government of Bangladesh, served a notice of eviction under Act 10 of 1953 and being threatened he filed TS 218 of 1968. The said suit ......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
.... Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Educati......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Education, forwarded to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Highe..Category: Employment/Service Law | Date: | Hits: 82
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....Record-For the Appellant (In both Appeals). Anisul Haque, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondent (In both Appeals). (From the judgment and order dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Miscellaneous C......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......iminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inte..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....rd-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 290 of 2003. (From the judgment and order dated 6-6-2000 passed by the High Court Division in Writ Petition No. 4136 of 1998). Judgment ......rit petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign supplier. The writ respondent No.3 published a notice inviting tenders from the reputed Mints for 'Minting and supplying finished Bangladesh one Ta......T. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign supplier. The writ respondent No.3 published a notice inviting tenders from the reputed Mi..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
.... Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 passed by the Administrative Appellate Tribunal in Miscellaneous Cas...... appeal may be made; (b) Registration of an application or appeal; (c) Procedure to be followed by a Tribunal in hearing an application or appeal, as the case may be; (d) Form and service of notices, summonses and requisitions; (e) Prescription of records and reports to be maintained or ......l instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....00.00. It is further stated that while the share position of the petitioners was as stated above a dispute arose between the petitioners and respondent No.1 and the matter was settled by an agreement dated 8.3.1985. The above agreement dated 8.3.1985 is annexed as Annexure "A". The salient features ......from Pubali Bank which were mortgaged to the Pubali Bank for the loan taken for the respondent No.2 company. As the respondent No.1 failed to fulfill the terms and conditions of the agreement a legal notice dated 4.2.87 was issued upon respondent No.1. On receipt of the said legal notice the respond......h Chowdhury Kamaluddin Hossain, Advocates ‑For the Respondents. Company Matter No. 10 of 1987. Judgment Mozammel Hoque J.-This is an application under section 38 of the Companies Act, 1913 for rectification of the share register of the company respondent No.2 in respect of the shares of t..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia International Airport vide the receipt, contained in Annexure‑B to the petition and the issuance of the memo dated 18.10.88, cancelling the said passport, contained in Annexure‑C to the petition and the circ......nt or the conditions, other than the prescribed conditions, subject to which a passport or travel document is issued and may, for that purpose, require the holder of a passport or travel document, by notice in writing, to deliver up such passport or travel document to it within such time as may be s......in Annexure‑C to the petition and the circular issued vide Memo No.1/93/87 dated 24.5.87, intimating all the Embassies of Bangladesh abroad about cancellation 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 contai..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....dique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not represented- the Respondent Nos. 2-20. Civil Appeal No. 149 of 2008. (From The Judgment and Order dated 16-5-2007 passed by the High Court Division in Civil Revision No.149 of 2008). Judgment ...... 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. ......l by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposa..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....injured vessel lodged an FIR with the Double Mooring Police Station, Chittagong, which was registered as a case on 4.9.80. The owner of the injured vessel is Proforma Defendant No.4 who by its letter dated 4.9.80 intimated the defendant No.3, the local agent of the defendant Nos.1 and 2, about the a...... but the fact remains that the defendant Nos.1 and 2 were personally liable for the damage caused to the coaster MV Zahirabad, but they were not properly made parties in the suit. They were not given notice to their address in the foreign country. In the absence of the defendant Nos.1 and 2 a decree......s. 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and withou..Category: Admiralty Law or Maritime Law | Date: | Hits: 177