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Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....at he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ...... maintainable and the plaintiff in such suit need not ask for any further relief, and the object of the proviso is only to avoid multiplicity of the suit where further relief can be sought for at the time of institution of the suit. Considering the provisions of section 42 of the Specific Relief Act......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ved: Mohammod Hossain- For the Petitioner. Murad Reza, Additional Attorney General-For respondent No.1. Writ Petition No. 4700 of 2010. Judgment Syed Mahmud Hossain J.- In this application under Article 102(2) (a) of the Constitution of the People’s Republic of Bangladesh a Rule N...... going on, we were of the view that if the Rule was made absolute, the subsequent appointment would automatically stand cancelled and as such, we kept the application pending for consideration at the time of hearing. 20. We have already found that the licence of the petitioner was rightly cancel......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
....copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......k, Labonchora Branch and also opened L/C on 18.6.1985 in the Principal Office of Janata Bank, Dilkusha Commercial Area and thereafter, the plaintiff-Bank as per terms and conditions of the agreements time to time supplied the machineries to the defendant-company but defendant company failed to perfo......2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstanding dues amounting to Tk.1,21,02,510.00 as on 11.11.2001 on the averments th...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....s also Reported in: 63 DLR (2011) 666.
......Being aggrieved thereby the defendant-appellant has moved this application under section 115(1) of the Code and obtained the instant rule.
7. The lower court record has also been called for at the time of issuing rule by this court.
8. Mr. Mosharraf Hossain Sarder, the learned Deputy Attorney......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....e and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Rahman Sikder Vs. Mojibur Rahman and others 35 DLR (AD) 20; 3 Catmur V......nd 8 wherein the entire position of the said respondents has been clarified it has been submitted that the contemnor respondent Nos.3 and 4 came to know about the order of this Division for the first time in 12 December, 2010 when the said order as passed in Contempt Petition Nos.224 of 2010 was com......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
...................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan Hossain Khan, 11 BLC 339;......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......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.......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)
....Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involved: Golam Kibria, Advocate ‑ For the Petitioner. Not represented- the Respondents. Writ Petition No. 467 of 1991. ......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. ......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
....CD) (1993) 357.......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.......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)
.... are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......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. ......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)
....ence. 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. ......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. ......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)
....e 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, Advocates ‑For the Opposite P......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. ......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)
.... (Special Original Jurisdiction) 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 Nove......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.......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)
....rary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......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. ......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)
.... 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. ...... 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. ......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)
....f 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. ......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. ...... 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)
....n: 44 DLR (HCD) (1992) 77....... 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.......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)
.... Lawyers Involved: Syed J R Modassir Hossain, Deputy Attorney General with Fazlul Hoque Assistant Attorney General ‑ For the Petitioner. JN Dev with Nazrul Islam Chowdhury and DJ Syam, Advocates ‑ For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin ...... (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....... 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)
....Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respondents Judgment May 9, 1991. Result: The appli......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. ......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)
.... Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Haroon and another .............................Petitioners Vs. Mst. Sufia Khatun and another ...........................Opposite Parties Judgment November 13, 1990. Ca...... 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....... 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
....ischarged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55......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.
......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
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