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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. ......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. ......ivy Council as well as the decisions of the Dhaka High Court and of this Court we respectfully differ from the view taken by the learned Judge in the case reported in 35 DLR page 224. Considering the facts and circumstances of the present case we hold that the present suit for mere declaration is ma..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: ...... appeared before the enquiry officer with the main volume of Nikah Register and other relevant papers. The petitioner was not given any opportunity to given any statement or he was allowed to ask any question about the allegation. 3. Respondent No.2, Deputy Secretary (Regi), by a letter dated 7.3...... 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 without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.1997, the petitioner was appoin..Category: Civil Law | Date: | Hits: 128
.... 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:
......ng inter-alia that as per terms and conditions of the agreements the plaintiff-Bank could not or did not supply the entire machineries including Air Blower and Amonia Gas without which the project in question cannot go in operation and the defendant-company did not receive any farthing/ cash money f......Khulna is directed against the judgment and decree dated 25.5.2004 (decree signed on 01.6.2004) passed by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001..
Category: Civil Law | Date: | Hits: 217
....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.
......oint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Ex..
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: ......h and considered their submissions. We have carefully scrutinized the contempt petition, affidavit in opposition, affidavit of compliances and other connected papers appended to them. 12. The moot question that falls for consideration by this Division in this Contempt proceeding is whether contem......ing is whether contemnor-respondents in utter disregard and disobedience of the direction given by this Division in writ petition No.2526 of 2010 willfully and deliberately flouted the same under the facts and circumstances and thereby committed contempt of this Court. 13. Before going into the ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
.... constitutionÂal functionaries from appointment or holding any office in the service of the Republic after expiration of their terms. Precisely speaking, the language of the debarring clauses is not identical; but the inner spirit of the language seems to be more or less one and the same. 55. Ar......mo being No. BERC/Prosha-075/5696 dated 4-12-2008 to Dr.Tureen Afroze purportedly appointing her as a Counsel therefore, but she never accepted any brief, remuneration and emolument therefrom. So the question of taking any decision of relieving her of the alleged duties to the BERC did not arise at ......t the source from which the remuneration is paid is not from public revenue is a neutral factor not decisive of the question. Whether stress will be laid on one factor or the other will depend on the facts of each case. However, where the sevÂeral elements, the power to control and give directions ..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. ......he decision by the Arbitration Tribunal were not taken by any person performing the functions in connection with the affairs of the Republic or of a local authority, such decision cannot be called in question before this Court under Article 102(2)(a)(ii) of the Constitution. (Respondent No.1, Bangla......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
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. ......,323.00 by three bills namely, Bill Nos. 154, 129 and 147 and in this matter appellant Alfazuddin has abetted him. The learned Advocate appearing on behalf of appellant Abdul Hakim at the very outset questioned the legality of the prosecution of this appellant on the ground of sanction. He submits t......of the Order which he is alleged to have contravened is not a sufficient compliance. In order to comply with the provisions of sanction it must be proved that the sanction was given in respect of the facts constituting the offence charged. It is plainly desirable that the fact should be referred to ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....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. ......ee stands vitiated by fraud. So, as per provision contained in section 44 of Evidence Act legality or otherwise of the impugned decree which is passed on the basis of Bainanama Ext.2 can be called in question without instituting any separate suit to have the ex parte decree set aside. 9. Now I pa...... such the suit is hit by section 42 of Specific Relief Act. 5. Both parties led evidence in respect of their respective contentions. The learned Munsif on, consideration of the evidence on record, facts and circumstances held the suit is not maintainable inasmuch as plaintiff is not in possession..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......pondent. Application No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the lea......nt AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal is correct in ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....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. ......uld 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 or not. The question of substitution under rule 10 of Order 22 CPC may be considered only after the above point ...... all. It must be pointed out that it cannot be conceived that the lower Court has any option not to comply with the direction of the appellate Court which must always be taken to be mandatory. In the facts and circumstances the defendants by virtue of the appellate decision obtained a right to get d..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....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.......er passed by the respondent No.1 and contained in Memo No.Shiksha/III/90/551 dated 28.8.90 as at Annexure ‘I’ is declared to be 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 Reporte..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......ioner was not given any opportunity to cross examine. 4. The case was resisted by the respondent 4‑the company. Its case was that on detection that the petitioner did not deposit the amount in question he was charge‑sheeted and was directed to submit explanation to the charge and as the exp...... amenable to writ jurisdiction but an order of termination with stigma is a punishment and can be interfered with. But where the Labour Court finds that the order of dismissal cannot be maintained on facts and there is no procedural defect in holding enquiry by the domestic tribunal, it can convert ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....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. ......ur 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. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for co..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....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. ...... written statement regarding auction sale proved beyond doubt that the holding in suit was put to certificate sale and the concurrent finding of Courts below regarding certificate sale relates to the question of fact and High Court has no jurisdiction to interfere with a finding of fact, however gro......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)
.... 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. ......ing it, but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff appellants are not party to the deed Ext. A and as such are entitled to call in question the legality of registration of the sale deed Ext. A. The 1st appellate Court wrongly held ......t made an attempt to defend this action on the ground that plaintiffs being a the deed were debarred from challenging it, but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff appellants are not party to the deed Ext. A and as such are entitl..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....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.......its revisional jurisdiction. 9. Mr. Amin, the learned Advocate for the accused petitioners, frankly submits that although no objection to the absence of jurisdiction was taken at the earlier stage question of such jurisdiction can be agitated even in revision before this Court. I find considerabl......rs the accused petitioners are in different Courts undergoing mental agony. To pass an order to stand their trial again in the Village Court will be a double jeopardy for them. 11. Considering the facts and circumstances of the case and in view of the fact that the punishment has been reduced to ..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... 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.......te party Nos.2‑9 filed a petition under Order 1 rule 10 of the Code of Civil Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The plaintiff ......229 of 1976 reversing those dated 21.8.76 and 28.8.1976 passed by the learned Subordinate Judge, 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1, as sole..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... 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.......€‘ For the Opposite Parties Nos. 1 and 2. Civil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intellig......- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. 2. The opposite parties obtained a decree for eviction of their monthly tenan..Category: Civil Law | Date: | Hits: 89
...., J in the case is, however, pertinent-
"The order of suspension made against the appellant was clearly one made pending an enquiry. It certainly was not a penalty imposed after an enquiry."
An identical question, however, came up for consideration of the Court in the case of Gurudeva Narayan ...... that the Court cannot enquire into the existence of emergency or the propriety of the action taken by the Vice‑Chancellor without reference to the Executive Council. In the present case, the whole question relating to the appointment of the petitioner as professor on probation in view of the situ......ting authority. In other cases he may be suspended by the local head of the office subject to approval within 14 days, of the appropriate authority.
The Supreme Court of Bangladesh in view of the facts of the case and the relevant rules in question did not interfere with the order of discharge o..
Category: Employment/Service Law | Date: | Hits: 155
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