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Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to or arising out of‑ (a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part‑IX and award of the penalties ..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......Aminul Huq, the learned Advocate for the accused petitioner has jettisoned the rule in Criminal Revision No. 239/88 obviously because both the courts below have, upon consideration of the evidence on record, concurrently found that the accused petitioner had committed house trespass into the shop in......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......Respondents No. 2 and 3 were directed by this Court to allow the petitioner to contest the election for the office of Chairman, Upazila Belabo upon accepting the Nomination paper. Thereafter upon due service of notices upon the Respondents the Rule has come up for hearing. 7. Mr. Subrata, Chowdhu..Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e any loss to the plaintiffs. Since they are making construction on their own land, the plaintiffs have no prima facie case for obtaining an order of injunction. 4. After perusing the materials on record and hearing the parties, the learned Subordinate Judge rejected the prayer for injunction by ......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......t Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the application toda......he Eastern Pharmaceuticals Ltd. represented by its Managing. Director and the Factory‑in‑Charge under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 for reinstatement in service in his former post under the petitioner with full back wages after setting aside the order o..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......plaintiffs and accordingly they paid rent to the Govt. Acquired Estate but due to mistake at the time of the final publication of the SA Khatian only 0.30 decimals of land in plot No. 267 was wrongly recorded in the name of the plaintiffs in RS Khatian No. 125 and the remaining land was wrongly reco......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
.... solely vested with the right to explore for petroleum and to deal with all operations connected therewith, framed guidelines and standard norms in the Purchase Manual for purchase and procurement of goods and services which are, according to its recital, binding upon Petrobangla. Mr. Salauddin refe......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......sted with the right to explore for petroleum and to deal with all operations connected therewith, framed guidelines and standard norms in the Purchase Manual for purchase and procurement of goods and services which are, according to its recital, binding upon Petrobangla. Mr. Salauddin referred to th..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ccused that he will not get proper trial from a Court thus asking for transfer, the action of judge in that proceeding be considered from two angles. A judge may be over‑zealous, may not be of very good temper, might have refused adjournment, might have disallowed question to be put to the witness......if an accused cannot prove the plea he has taken, it may be considered against him. That is the law and not the whim of the Court because the Court cannot go beyond the law and beyond the evidence on record. 14. He has further submitted that though he will not argue that this Court would not even......not to leave because the accused was convinced that he will not get fair justice from the Tribunal. However with great trouble, it is alleged, the accused from his confinement could manage to get the services of the Senior Advocate Mr. Serajul Huq and Mr. Serajul Huq appeared for the accused before ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......o be applied some additional materials are necessary in aid. It is essential that some additional circumstances beyond the materials, beyond the proving of commission of offence, should be brought on record to show that there was a pre‑planning, pre‑concert or mixing of the minds to do a thing o......ation of Arun in Ramna PS Case No. 25 dated 12.10.86. Common intention appears to have sprung up in their minds when Arun's father visited the Ramna PS and told the accused on interrogation about his service in Kuwait. In our view all these four accused namely accused Sk. Baharul Islam, accused Delw..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......er in Writ Petition No.8720 of 2008 is an Ex-General Manager (EMD) of the Bangladesh Chemical Industries Corporation (BCIC) created by the President's Order No.27 of 1972. On 27.01.1969 he joined the service of the then erstwhile East Pakistan Industrial Development Corporation (EPIDC), EPIDC was re..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....e contention of Mr. Majumder in view of the provision contained in section 52(3) of the aforesaid Ordinance. In my view, to award compensation by a Marine Court in a proceeding under section 52 is as good as a decree passed by a civil Court in civil proceeding and as such the present suit is totally...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......ndant No.1 on 21.5.87 filed revision being Civil Revision No. 485 of 1987 before the Permanent Bench at Dhaka and obtained a Rule as well as an order directing the parties to maintain status quo. The record shows that notice of the Rule was served upon the opposite party plaintiff by affixing a copy...... defendant to get the matter disposed of ex parte keeping the opposite party in darkness and depriving him of an opportunity to place his case before the Court. Hence the application. In spite of due service of notice upon the learned Advocate for the petitioner defendant there is no appearance on h..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......tion accused appellant Nazrul and accused Kashem was arrested on 4.5.85. Both these two accused made confessional statement before the Upazila Magistrate, Kaliganj to Mr. AFM Abdus Sattar, P.W.5, who recorded the confessional statement. P.W.9 submitted charge sheet against the accused appellants und...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ublic in their administration of justice is not undermined. There can be no question, therefore, of treating the apology as a full amend for the grave harm that has been caused to the reputation, good name and honour of one the Judges of this Court. In Gray, Lord Russell CJ. stated “any act do......C. Saxena, AIR 1996 SC 2481, E.M. Shankaran Namboodiripad V.T. Narayanan Nambiar (1970) 2 SCC 325. Lawyers Involved: M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Petitioner. Mahbubey Alam, Attorney General-For the State. Abdur Razzaq, Senior......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......notice did not respond to the request. Thereafter the respondent made the complaint. 3. Pursuant to the complaints the Chief Metropolitan Magistrate issued process against the petitioner. The case records were eventually sent to the Metropolitan Sessions Judge and it were registered as Sessions C......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......andra Banik while possessing his Saham property, sold some portion of the property to others and thereafter during the RS operation the name of said Gobinda Banik son of Ram Kumar Banik was correctly recorded in RS Khatian being No.83 who thereafter paid rent and taxes in his own name. The aforesaid......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......acturing Company Limited, 16 Farashganj Road, Dhaka‑1 Transfer of shares of Eastern Banking Corporation Limited on the strength of transfers which have not been registered in the Bank's record. Dear Sir, Reference your letter dated 01.04.84 we like to inform you that the Board of......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ...... 3. It is alleged by the petitioner that three plots of lands appertaining to RS Plot Nos. 557, 558 & 559 comprising a total area of 1261,95 acres corresponding to CS Plots Nos. 521 and 522 in the CS record of right were the lands of mauza Char Sitaram and were the khas lands of the, Crown. These la......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......ime for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of cost of Tk. 10.00 to the petitioners and fixed 30.12.72 for steps. That on 30.12.72 the learned Munsif recorded the following order "Pet. only files hajira. No further step taken by the parties. Hence......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
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