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Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......dered authentic enough by the contemner Assistant Judge and if he had any sort of genuine doubt about the authenticity of the contents of the certificate or of the petitioner's application due to the absence of the signature and case number he should have either sought clarification or waited till 4......o.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Kazi Bashirul Islam alias Laboo Kazi and another Vs. Naresh Chandra Das and others, 1991, 20 CLC (HCD)

....he suit contending that there was no contract between them and the plaintiffs and they did not execute any deed of agreement for sale of the disputed land. Their as appears to be that they borrowed a total of Tk. 4,500.00 from the plaintiffs and on the instruction of the plaintiffs put their signatu......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98.......Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98...

Category: Procedural Law | Date: | Hits: 59

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...

Category: Procedural Law | Date: | Hits: 62

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

.... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94...

Category: Property Law | Date: | Hits: 72

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......zur Rahman stated that it is not written in the inquest report that it was the corpus delicti of a female. Thus the question arises as to whether the skeleton found was the skeleton of Shahida in the absence of which death could not be proved and in case the death is not proved the involvement of th......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ealistic attitude of the Bank. As the stock continued to remain unsold, on 17.10.82 the Bank addressed a letter to the petitioner noting that as on that date only 13,120 mds. were sold as against the total stock of 88,440 maunds and expressed apprehension that it would not be possible to dispose of ......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407....... officer (of the rank of Manager or above) of the Bank may exercise all the powers exercisable by a certificate officer under the Public Demands Recovery Act, 1913 (Bengal Act III of 1913) within the jurisdiction for the purpose of recovery of the dues of the Bank only". There is a corresponding ..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

.... Mamun is that he having opened two Accounts namely, Account Nos.85184201 and 96893281 with Natwest Bank, Aldwych Branch, London illegally deposited ₤2,08,568/65 and ₤2,43,750/43 equivalent to in total a sum of Tk.6,01,57,762/-in these two Accounts. This gave rise to Cantonment Police Station Ca......ncompatible with or contrary to the provisions of the section”. Such incompatibility would have to be ascertained from a consideration of all the relevant provisions of the new statute and the mere absence of a saving clause is by itself not material. 29. The same view has been reiterated in th...... only for patent error apparent on the face of the record. Unless the impugned order shows as such merely reversing the order basing on the evidence on record would render the order in review without jurisdiction. Similarly, an error which has to be established by a long process of reasoning on poin..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....pened an account on 20th May, 1977 without complying with the formalities required for opening of the account for a limited period and he did not also report this to the superior authority and that a total amount of Taka 17,51,027.50 paisa was credited to that account from 20th May, 1977 to 16th Feb......e justice, proceeding may be quashed." Mr. KS Nabi, the learned Advocate, has also submitted that the prosecution of the petitioners who alleged to be abettors cannot be allowed to continue in the absence of the principal offender who is dead. In support of his contention he referred to the case ...... bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..

Category: Property Law | Date: | Hits: 89

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..

Category: Procedural Law | Date: | Hits: 72

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..

Category: Election Law | Date: | Hits: 128

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....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. ......titution of the People's Republic of Bangladesh for protection of any person holding a Civil post under the Republic. 16. It is now well settled that an employee of any statutory authority, in the absence of any provision in their service rules or Regulations providing for a second cause notice, ......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)

....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: ...... licence was rightly cancelled. He then submits that all reasonable opportunities were afforded to the petitioner before cancellation of his licence. He lastly submits that this Court sitting in writ jurisdiction can only see whether the provisions of law were complied with before cancellation of th..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

....ed order passed by the Artha Rin Adalat, deposition of witnesses namely, P.W.-1 and D.W.-1 and other materials on record and then submits that Bangladesh Krishi Bank as financial institution executed total 5 agreements time to time with the defendant-company and thereunder sanctioned loan in favour ...... 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: ...... 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

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....দী খুলনা নাট্য নিকেতনের সুস্পষ্ট দখল বিদ্যমান” Here we find that, the trial court has arrived at this finding by totally brushing aside the C.S Khatian (exhibit-Uma), R.S Khatian (exhibit-uma(1), khajana Dhakhila ......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. ......are wholly contrary to the evidence on record, based on misreading and non-reading of evidence and the same are perverse, hence liable to be interfered with and be reversed, in exercise of revisional jurisdiction of this court. We are also of the view that, in passing the impugned judgment and decre..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....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: ......vision considered several decisions of home and abroad in the decisions as referred to above. Ratio decidendi of those decisions is that to bring home an action within the mischief of contempt in the absence of any definition available in the Contempt of Court Act itself, it can be inferred that onl......and a separate Secretary has been placed and allocation of jobs have been laid down by 02. 02.2010. Therefore, contempt petition arising out of Writ Petition No. 2526 of 2010 clearly falls within the jurisdiction Banking and Financial Institution and Ministry of Finance is not at all concerned in th..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....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.......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 necessarily have any binding effect. The appointing auth......d sense inasmuch as according to the Act No.13 of 2003, the Government gives all policy decisions and direc­tives to the BERC within the parameters of which it has to work and it has no authority or jurisdiction to go beyond those parameters. 12. Dr. Shadeen Malik also submits that the Chairman ..

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....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. ......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

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....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.......ssain is not a "Worker" as defined under section 2 (xxviii) of the Industrial Relations Ordinance, 1969, the respondent No.1 Chairman, Third Labour Court, Dhaka acted without any lawful authority and jurisdiction in entertaining the said IRO Case No.33 of 1987 and passing the impugned order dated 15..

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. ......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 face of the sanction, nor is it proved by extraneous evidence that they were placed before the sanctioning authority, the sanction is invalid and the trial Court would not be a Court of competent jurisdiction. This being so the defect cannot be cured under section 537, CrPC as a defect in the ju..

Category: Criminal Law | Date: | Hits: 84