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Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....certain terms and conditions enumerated therein without adhering to the said procedure. However, 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......ptroller and Auditor-General (Additional Functions) Act, 1974 (section 20 (3) of the Act No.13 of 2003). So in this respect, the Comptroller and Auditor-General controls the BERC, though on a limited scale. It is a stunning fact that the respondent No.2 being a former Comptroller and Auditor-General..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....al 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 including the dec......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
....5 of the Employment of Labour (Standing Orders) Art, 1965, the worker must submit his grievance to the employer, in writing by registered post within 15 days of the occurrence and that thereafter the time taken by the postal authority for delivery of the said grievance petition will be the responsib......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)
....d it appears that it does not how what materials were placed and issues were involved in the matter. There is also at any rate a vagueness with the exact amount allegedly misappropriated and also the time of misappropriation itself. From the perusal of the evidence before the trial Court particularl......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. ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....and obtained an ex parte decree and in execution of that decree he got a kabala executed and registered through Court in respect of the suit land. Plaintiff is in possession of the suit land from the time of Bainapatra. 3. Defendant obtained a sale deed from Manada Sundari's husband Nagendra in r......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. ..Category: Procedural Law | Date: | Hits: 105
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....vations and direction upon the trial Court as follows: "The first and foremost point that the trial Court should decide since its order dated 14.3.83 is whether Jagannath Banerjee was alive at the time of filing of the Misc. Case under Order 9 rule 9 CPC and whether he signed that Misc. petition ......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)
....exure ‘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 Committe......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
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....ate fixed for the purpose. He made similar other allegations in the plaint. The defendant as usual denied the allegations made in the plaint. The defence case was that there was no disturbance at the time of submitting the tender, the bid was held peacefully and normally and he being the highest bid......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
.... conclusion that the evidence as it stands is inherently defective and unless additional evidence is allowed to be produced, the appellate Court cannot properly pronounce judgment. But at the same time it is to be borne in mind that the admission of evidence should not be ordered to supplement th......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
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....de a statement in his pleadings which is detrimental to his own interest. Further it appears that the Ext. 2 was registered in the year 1947. But no dakhila produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiated by defendant No.7 to hav...... 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. ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
.... loose their cows on the land of Eshaque and destroyed standing paddy and caused a loss of Taka 200/‑ to him. 4. The defence of the accused was that no occurrence took place in the manner at the time and in the way as stated by the complainant and the complainant has, out of enmity, started the......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...Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... (c) to have acted in the exercise of the jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit. It appears that the section at that time applied to jurisdiction along the irregular exercise or non‑exercise of the same. 10. So a...... 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...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....le 2(h) of the Teachers and Non‑Teaching Staff of Nationalised High School (Directorate of Secondary and Higher Education) Absorption Rules, 1983, which reads as follows‑ "Teacher means a full time teacher of a Nationalised High School and includes a Headmaster and an Assistant Headmaster of ......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. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... was an order by the executing court for effecting delivery of possession with the help of police. Accordingly, the bailiff, being accompanied by a contingent of police went to the locality, but this time also he failed to execute the writ. He reported that possession could not be delivered as the j...... 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
....obation shall not be declared to have been made without any lawful authority and to be of no legal effect and why the respondents shall not be directed to cancel, rescind or withdraw the same. At the time of issuance of the Rule operation of the impugned order dated 7.7.91 (Annexure A) was stayed ti......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.
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Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....dings of the said two Druta Bichar Tribunal cases. In both the applications, Rules were issued by the High Court Division giving rise to Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008. At the time of issuance of the Rules, further proceedings of both the Druta Bichar Tribunal cases were stay......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. ..Category: Criminal Law | Date: | Hits: 112
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....bunal, Dhaka for restoration of the appeal after setting aside the order of default. The Appellate Tribunal by the impugned order rejected the application on the ground that the same was filed out of time by 7 days. The Appellate Tribunal further observed that the appeal being under special statut......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. ..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
....er husband accused Jashim now reside at Saudi Arab; that after marriage guardian of the accused Jashim did not accept their marriage, that due to their marriage guardian of the accused Jashim several time physically and mental tortured the alleged victim; that due to their torture the victim on 8.11...... 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: ..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....nnexure "B" to the application. 4. It is alleged that the respondent No.1 had totally failed to fulfill the terms and conditions of the two agreements which he had to perform within the stipulated time. It is stated that on different dates the respondent No.1 paid only a sum of Tk. 5,85,000.00 in......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. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....vilege 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 as follows: 3. At the relevant time the petitioner was a Member of the Parliament of Bangladesh. After obtaining his BA (Hon’s) D......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. ..Category: Constitutional Law | Date: | Hits: 288
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