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....
An agency relationship
will arise from an agreement particularly from a contract, the express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the re......ent acts against cerÂtain
companies and their directors on the basis of an enquiry undertaken by an exÂpert
Committee, a Court would be well advised not to try to be more expert at the
complaint stage because otherwise, it will be an example of nipping the
prosecution in the bud."
29......uiry in the
nature of a fact finding process. On the baÂsis of a fact finding process if
the commission of any offence is disclosed, the respondent authority is
entitled to institute any criminal proceeding against the person or persons inÂvolved
in the commission of the offence. In such a cas..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury and others, 22 BLD (AD) 199; Bangladesh Tobacco Company Limited and another Vs. Md. Azizul Huq and another, 22 BLD (AD) 184; Secretary, Internal Resou...... No.1699 of 2004 (cleaner) and No.1700 of 2004 (cleaner) being cleaners also have requisite qualifications and accordingly the Authority approved the appointment with full satisfaction and at this stage it cannot be said that there is no requisite qualifications for the aforesaid posts when they......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....¨à¥¤ (৩) ..................................................................... 4. In view of the Regulations quoted above it is clear that the impugned order of suspension was not made by any competent authority nor it was followed by a departmental proceeding against the petitioner......e petitioner inspected the College for its affiliation but he refrained from submitting inspection report and started bargaining with the College authority for illegal gratification. At one stage; the College authority was compelled to pay Tk. 1,00,000/- to the petitioner as bribe for gett......d 21.03.2005. Copy of the notice has been marked as Annexure-'B'. Under the provisions 10(2) of the National University Employees (Discipline and Appeal) Regulations, a disciplinary proceeding must be completed within 180 days. Clause 10 of the service Regulations reads as follows:..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....d and their statements, if necessary, be recorded in relation to a fact which is so fresh in the mind of the narrator that he may be assumed to be speaking from recollection along, undiverted by any personal motive, or in the alternative, they should be speaking before the authority, i.e. ......onvicting an accused. 7. We have noticed inherent neglect and laches on the part of the prosecuting agency in conducting the case from the very beginning of seizure of the heroin up to the trial stage, as if, they were performing routine works. The prosecution neither examined the police per&sh......en by the Bombay High Court and Lahore High Court, in which cases, their Lordships observed that in a case where the "search witnesses do not satisfy the provisions of S.103, the whole proceedings should be quashed." 25. In Moshfiqul Islam @ Balu Vs. The state, 52 DLR 593, t..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....he defendant No.1 of his earnÂing in the United Kingdom; that according to the terms of agreement for sale; the defendant No.1 being the Vendor, would obtain the permission from the Government or any other authority which might be required for transÂferring the suit property and would complete......land has been vested in the government. Thus the question raised by the learned trial court is not tenable in law. 51. Though the defendant No.3, RAJUK, filed a written statement in the trial stage, it did not adduce any witness in support of the contention. Rather in reply to the applicati...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....irement. By reading sections 32(1) and (2) of the Ain together,
it can be inferred that the legÂislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objecÂtion or any date fixed by the Adalat………………….(6)
......ent. By reading sections 32(1) and (2) of the Ain together,
it can be inferred that the legÂislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objecÂtion or any date fixed by the Adalat………………….(6)
......ained a preliminary decree on 12.05.1991 which was made final on 24.06.2003.
The decree holder bank put the decree in Execution being Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....be cancelled and set aside and for declaration that the plaintiff be deemed to
be in her service and also for permanent injunction against the defendants
restraining them from giving appointment to any body to her post.
3. Facts of the case of the plaintiff,
in short, inter alia, are that on......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......facto approval of the
order of dismissal being illeÂgal, the order of dismissal is liable to be set
aside. He argues that exhibits marked as Ka -Sa on behalf of the defendants
amply show that the proceeding of her dismissal was not taken by the
resolutions of the Governing Body of the College i..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
.... "4. Declaration of Assets.-(1) When the Government, on receipt of information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or propert......g to furnish the statement when called upon under section 4(1) of the Act commits the offence punishable under the law. The validity or otherwise of the notice can not be questioned at this stage in such a case. There is other forum, if any, to ventilate such grievance. In view of the prov......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....re nominated, this body will have no accountability to the villagers, whom they sought to represent, that this is a body corporate created by an Act of Parliament, with definite functions but without any accountability. 3. This Rule was opposed on behalf of the respondent No.3, Secretary, Ministr......l ER Rep 150. In that case an inquiry was in progress, the cost of which would have been wholly wasted if, thereafter, the minister and Parliament had approved the scheme only to be told at that late stage that the scheme was ultra vires." (The underlinings are mine). 43. In our country, like ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....g of canal covering 20 kilometers and also the construction of the necessary structures had already been completed and the rest of the work is to be completed within 2 months and that in the event of any obstruction in the implementation of the said scheme, the whole project will fail and there is l...... Appellate Division and when leave was not granted now it cannot be submitted that there was no such injunction during the pendency of the suit and when there is no material before this Court at this stage to hold that after that 2 (two) months or during the period of. stay granted by the Appellate ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....tance of her mother accused Ful Banu caused her miscarriage and thereafter she was shifted to the hospital where she died. 5. At trial, in order to prove the charge, the prosecution examined as many as nine witnesses, of whom five, namely, P.W.1 and P.W.8 SI Mosharraf Hossain, P.W.2 Dr. FM Muni......aused abortion, which resulted in her death. The defence taken is after thought and got up and also not proved. Such defence case had not been suggested in cross examination to the P.Ws. At last stage of the trial a new story was advanced through the mouths of the D.Ws. Even the appellant at th......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
....
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any other law. A person in the service of the Republic who intends to invoke fundamental, right for ......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......rned by the same law.
2. In Writ Petition No.4470 of 1996 Rule was issued calling upon the respondents to show cause as to why they should not be directed to complete the process of departmental proceeding started against. the petitioner vide annexure-D by passing final order within 2 months an..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....d through Act 15 of 2000 and the provision of appeal, by the parties, was substituted for the Provision of preferring reference to the High Court Division by the Appellate Tribunal itself. Therefore, any practice of admission of the Customs Appeals under Section 196D of the Act, if gained ......ce became the rule of the court for which this appeal is required to be admitted by an order of this Bench. 4. But both the learned Advocates Mr. Syed Ahmed and Mr. A.B.M. Nurul Islam at a later stage of their submission change their stances and after reading the Provision of section 196D ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....and for permanent inÂjunction restraining the defendant Nos.1-5 from confirming the said appointments and also prayed for temporary injunction restrainÂing them from giving salaries and assigning any duties to the said employees. 3. The plaintiff-petitioner stated in his plaint, inter ali......prima facie arguable case and he will not suffer any irreparable loss and injury personally for such appointments, that the order of injunction denying the salaÂries of the said employees at this stage does not arise that the University will suffer inconÂvenience in running it's routine works,......h is a procedural law and needs to be modified with the changing society but the same cannot override the substantive law. He argued that the technicality of procedure to be followed in bringing a proceeding in a Court of law should not stand as a bar in bringing such a suit. He strongly controv..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
.... Procedure. After the restoration of the suit the defendant did not appear to contest the suit and this time the trial Court dismissed the suit on the sole ground that the plaintiff could not produce any paper in support of the marriage. 5. The plaintiff then preferred Family Appeal No. 22 of 19......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......17(1) of the Family Court Ordinance is the Judge of the principal Civil Court of the District and never a persona designata and the Code of Civil Procedure is very much applicable to family appellate proceeding before the learned District Judge. The learned Advocate further relied on a decision in t..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....04, 8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence ......ution. The law made them independent and their services more secured than any other servants of the Republic. But they love to behave as servants of the government. They appear to have acted at every stage of the proceeding at the cue of the Ministry. 81. The national media, both print and elec......6(8) of the Act to dispose of such application within 180 days, the Commission continued sitting tight on the application. Then, the JTV served a notice dated 14-1‑04 for drawing up a contempt proceeding upon the Commission for not carrying out the direction of the Appellate Division and on 1..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....rized upon convict-appellant was stormed pressing into service the following kernel contention: I. Information at the earliest point of time carried to Police Station in respect of commission of any offence is first Information report and all other statements under section 162 of the Code. Info......and he was an absconder and he surrendered only on 19‑4‑2005 and conduct of convict-appellant disentitled him to be favoured with any verdict from this Court in respect of his acquittal of charge staged against him and appeal presented by convict-appellant demands outright dismissal. III. P......arge-sheet on the basis of an investigation embarked on Second first information report leading to registration of Sabujbagh Police Station Case No.69(6)1994 was absolutely illegal and whole criminal proceeding and trial held on the basis of Second First Information Report dated 23-6-1994 was vitiat..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....passed the impugned judgment and order on the point of limitation and that the judgment and order dated 9‑10‑2001 of learned Metropolitan Sessions Judge is quite justified which does not call for any interference. 16. On perusal of the record, it appears that the accused petitioner preferre......gain and the prosecution, in spite of taking time repeatedly, failed to produce the witnesses before the court; that the petitioner under such circumstances became very much disappointed and at‑one stage the clerk of the conducting lawyer convinced him that it is an accident case and it will take ......on or abuse the power. The main question which this Division has to consider in revision is, whether substantive justice has been done. High Court Division may call for and examine the records of any proceeding before any criminal Court satisfying itself as to the correctness and legality or proprie..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
.... of the contract. They also got delivery of possession of the case property through the Court as a mere formality and symbolically. Article 9 read with Article 10 of PO No.16 of 1972 contemplate that any allotment, lease or agreement granted or entered into before the 25th March, 1971 is binding upo......-in-possession of the case proÂperty by purchase; but during the pendency of the Settlement Case, the property in question was allotted to one Abdul Motaleb and Sheikh Alam. However, at a subsequent stage, the Government cancelled the allotments granted in their favour. The documents marked as Anne......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
.... other associate companies have merely been the selling agents in Bangladesh there under of products manufactured by the Predecessors-in-interest of the Petitioner and that at no date were they given any authority to obtain an identical trade mark or a mark deceptively similar to the registered trad......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......ief of Section 24 of the Act as denies, validity to registrations obtained by fraud. Section 24 reads thus: "24. Registration to be conclusive as to validity after seven years: In all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall a..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
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