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Category: Property Law | Date: | Hits: 86
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....the learned Sessions Judge on 6.7.89 so far it relates to the petitioners and in pursuance of the said order of the learned Sessions Judge further inquiry was held by the learned Magistrate who after examining 6 witnesses found no prima facie case against the accused petitioners. The learned Magistr......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......agistrate passed order for sending the case record to the learned Sessions Judge for passing appropriate orders. The learned Advocate contends that as no final order of discharge of the accused or of dismissal of the Naraji petition was passed by the learned Magistrate the revisional application und..Category: Criminal Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Department of Foreign Exchange Branch from 27.7.79 to 29.7.81, to show cause why disciplinary action including dismissal from service should not be taken against him with information to submit his explanation to the defendant No.4 who was appointed Inquiry Officer within 7 days; that the appellan......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. ......in allegations against him relating to the period of his service as Sub‑Manager in the Department of Foreign Exchange Branch from 27.7.79 to 29.7.81, to show cause why disciplinary action including dismissal from service should not be taken against him with information to submit his explanation to..Category: Employment/Service Law | Date: | Hits: 71
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
.... Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money to the tune of Tk. 300.00 on execution of Bainapatra from plaintiff and made over possession of the suit land in favour of plaint...... Manada Sundari's son Anil Chandra Bhattacharja who refused to accept the same and so plaintiff brought suit for specific performance of contract against Anil son of Manada Sundari and obtained an ex parte decree and in execution of that decree he got a kabala executed and registered through Court i......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)
....any view of the matter the direction of the appellate Court was mandatory for the trial Court and it was not merely a technical matter but a matter of substance going to the root of the question. The expression failure of justice is not capable of a very precise definition. It necessarily implies in......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. ......s a result the suit was dismissed for default. 3. On 4.5.82 an application under Order 9 rule 9 of the Code bearing signatures of the name of the plaintiff was filed for setting aside the order of dismissal and it was registered as Misc. case No.28 of 1982. Before filing written objection the con..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....authority and of no legal effect. 2. The case of the petitioner is that he was appointed as an Assistant Headmaster of Uttar Kafrul High School on 15.5.79 vide appointment letter which has been annexed to this writ petition as at Annexure 'A'. After appointment Mr. Md. Khalilur Rahman who happene......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.......lations, 1979 which run as follows: "12. The power to impose penalty upon a teacher under Regulation 11 shall vest in the authority competent to make appointment: Provided that the penalties of dismissal or removal from service shall not be imposed unless the proposal of such penalty is examin..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....r did not deposit the said amount to the company and thereby committed misconduct. On detection of the same the petitioner was charged for keeping the money for his personal gains and asked to submit explanation. The explanation submitted was, however, found unsatisfactory by the management. Thereaf......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. ......nsatisfactory by the management. Thereafter, an Enquiry Committee was duly formed which found the petitioner guilty of the charge and submitted its report. And on the basis of the Report the order of dismissal was made by the respondents on December 1, 1982 leading to the institution of the complain..Category: Labour and Industrial Law | Date: | Hits: 115
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.....1 preferred an appeal which subsequently was withdrawn with the leave of the Court to file a suit afresh. 3. Rashidpur Tea Estate Co. and the said Tea Estate Company (30 & 31) surrendered the excess of khas land including the land in the suit and the Government took over the same. Compensati......or any other law for the time being having force of law which may possibly have produced error or defect in the decision of the case upon the merit. (d) appeal from an appellate decree passed ex-parte. Thereafter powers under section 115 of the Code of Civil Procedure was squeezed and limite...... 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
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....es 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 intelligible a short statement of...... 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.......spection to ascertain the real position. On coming to know of the order the decree‑holders preferred an application purporting to be under section 151 of the Code for vacating the order as also for dismissal of the application under rule 99 on the plea that the petitioners had no locus standi to f..Category: Civil Law | Date: | Hits: 89
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
.... show that it is only the Director General of the Directorate of Narcotics or any other officer subordinate to him specially empowered by the Government by a gazette notification who shall have the exclusive and absolute power to investigate into an offence committed under the Act, 1990. In this r......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......submitted that the High Court Division correctly interpreted section 39 of the Act, 1990 and quashed the impugned proceedings and, as such, no interference is called for by this Court and prays for dismissal of the appeals. 10. In view of the leave granting order and the submission made by the ..Category: Criminal Law | Date: | Hits: 112
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
.... be filed before the Administrative Tribunal, registered and disposed of by it including the provisions for restoration in case an application is dismissed for default and to set aside any order made ex parte. In the Rules no separate procedure has been provided for in respect of filing of an appeal...... filed before the Administrative Tribunal, registered and disposed of by it including the provisions for restoration in case an application is dismissed for default and to set aside any order made ex parte. In the Rules no separate procedure has been provided for in respect of filing of an appeal be......granting the relief to such extent as it deems fit. (7) Any party to the dispute aggrieved by an order made under sub-rules (4), (5) and (6) may apply to the Tribunal for an order to set aside the dismissal or the order made ex-pane and if the Tribunal is satisfied that there was sufficient cause..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....ter of the company in place of respondent No.1. 2. It is stated in the application that the petitioners together held fifty percent shares with the respondent No.1 out of the total paid up capital excluding those shares put up in the market for public subscription in M/s Paper Converting and Pack......itled to have the relief as prayed for in the application. 45. Before conclusion, I cannot but make certain observations. It has already been seen that as per agreement the petitioners had already parted with their shares in favour of respondent No.1 and withdrawn the pending suits. They fulfille......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....ideration of the application and the written objected rejected the application by his order dated 6-10-2005. By the same order the learned joint District Judge allowed the prayer of the plaintiffs to examine P.W.1 on commission. 5. Being aggrieved by and dissatisfied with the said order passed by...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......Judge and the suit being ready was fixed for peremptory hearing. At that stage on 26-6-2005 i.e. after about 9(nine) years from the date of filing of the suit the defendants filed the application for dismissal of the suit on the ground of its maintainability. In the application it was contended, i..Category: Civil Law | Date: | Hits: 86
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....nquiry. 3. Mr. Nurul Islam Chowdhury, the learned Advocate appearing for the accused‑petitioners, submitted that the impugned order is illegal in as much as the learned Additional Sessions Judge exceeded his jurisdiction in directing the Magistrate to hold judicial inquiry while ordering furthe...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......436 CrPC. 5. In view of the decision in the case of Abdus Salam Master Vs. The State reported in 36 DLR (AD) 58 the learned Advocate doe s not press the other ground that fresh complaint after the dismissal of earlier complaint is not maintainable. The petition merits no consideration. Therefo..Category: Criminal Law | Date: | Hits: 78
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....1984 Judgment AM Mahmudur Rahman J.- By this Rule the petitioner impugns a judgment and decree passed by the Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petit......4 Judgment AM Mahmudur Rahman J.- By this Rule the petitioner impugns a judgment and decree passed by the Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petition......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....ement their decision contained in Memo No. Shakha-6/52-1/81/29 dated 12.01.1992, issued by the respondent No.3 to the predecessor of the petitioners and also seeking direction to the respondents to execute the lease deed in respect of bigha of land of plot No.346 in Tejgaon Industrial Area, Dhaka.......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......junction was rejected by the order dated 29.10.1995. As against the said order the plaintiff filed Miscellaneous Appeal No.295 of 1995 which also was dismissed for default on 05.02.1997. Against this dismissal order the plaintiff filed Miscellaneous Case No.48 of 1998 which is still pending. That th..Category: Property Law | Date: | Hits: 85
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....n agreement on 12.3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 and in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex p......0 and in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex parte decree on 14.12.83 for specific performance of the said contract against Nazir Ahmed. The peti......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
Category: Others | Date: | Hits: 153