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Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......he 1st party Sekendar Howladar is that he was appointed Godown Keeper on 12.3.73 by the petitioner Rupali Bank and since then he has been performing his duties as such and by virtue of his continuous service he has become permanent worker with the entitlement to all the facilities available to a per..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....hman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangla­desh, represented by its Secretary, Ministry o......ithin the meaning of Article 102 of the Constitution. 2. The petitioner seeks leave from the judgment of the High Court Division. 3. The Act was enacted for the purpose of ameliorating the service conditions of the newspaper employees by fixing minimum wages, as a measure of protection ag..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....ful authority. 4. It appears from paragraph 8(3) of the Ministry of Land's Memo No.8‑80/84/458(139) dated 15.10.1984 printed at pages 294‑297 of the Land Administration Manual published by the Government of Bangladesh as follows: “বিশেষ ক্ষেত্রে মন্ত্......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....a' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatr......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....d ammunition comes within the mischief of any offence under section 23 of the Arms Act and lastly (d) whether the recovery of the arms and ammunition comes within the amnesty, if any, declared by the Government for voluntary surrender of arms and ammunition within the specific date. 23. We are,......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....nal Procedure Code (Amendment) Act of 1949 (Act XLII 42) of 1949. In view of the fact that offences against girl of tender age have considerably been increased several times we would recommend to the Government that the age of the female child in section 361 of the Penal Code and in Section 552 of t...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....o be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of Ind...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....on) Present: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recorded in khas khatian of the Government without any basis. The defendant No.4 contested the suit. He, also filed a written object......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....ate) Ltd. H‑79, Block‑M (2nd and 3rd. Floor), Banani Chairman Bari, International Airport Road, Police Station Gulshan, District Dhaka, is hereby wound up from today. The Official Receiver of the Government of Bangladesh is appointed as Official Liquidator of the aforesaid company. The official ......cept such appointment since they are engaged otherwise and not being conversant with the technique of garment export business, the respondent No. 2 was appointed by the previous management, also took service of respondent No. 2 as expert in the garment business. As regards the allegations of conveni..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....eme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul I......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

.... 1986 passed by the High Court Division, Dhaka in Civil Revision No.71 of 1981). Judgment: MH Rahman J.- Respondent, Md. Fazlul Huq, was appointed as a clerk in the postal department of the Government in November, 1965, subsequently by an order dated 3.5.1972 he was asked to act as Inspect......tinuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that higher post, but that cannot be called a reduction in rank per se. The uninterrupted service rendered by the respondent for about five years, if considered as "one non‑temporary ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....3) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....f the appellant since pre-liberation days and enjoyed cash credit facilities by hypothecation and pledge of goods. After the liberation of the country the factory of the Company was taken over by the Government and placed under respondent No. 3, the Bangladesh Chemical Industries Corporation, for ma......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....ent No.1 as plaintiff filed Title suit No.491 of 1981 in The 4th Court of the Subordinate Judge, Dhaka against the appellants, who are defendant Nos.1 and 3‑6, Afroza Begum (defendant No.2) and the Government (defendant No.7) for specific performance of contract for sale of the suit land. The plai......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)

....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on order on 2.9.82. He complained to Labour Court that he was victimised for his trade union activities. The petitioner denied the allegation and contented that it was a case of simple termination of service under law without any stigma. The Labour Court, however, found that the contention of the pe..

Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168

Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

....rvant. For their dismissal, removal, termination, discharge or for any other punishment the Corporation is required to follow the procedures prescribed in the Rules. These Rules have been made by the Government in exercise of the powers conferred by Article 21 of P.O. 143 of 1972. Chapter 11 of the ...... All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Bangladesh Parjatan Corporation, a statutory ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branche......he suit land in holding No. 5 of Machua Bazar in the auction sale held in 1965 in Income Tax certificate Case No. 552 of 1954‑55. In cross‑examination he suited that he was present at the time of service of notice. He denied the suggestion that as the bank stopped functioning since 1948, he took..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nurul Alam who obtained lease of the said land from the Government in 1978 and has been possessing the same for 17 years on erecting a tin hut thereon. On 9......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......e, Sadar, Rajshahi for Specific performance of a contract against one Raghu Nandan Saha on the basis of a bainanama dated 21.5.69 and obtained an ex parte decree on 20.12.73 after causing the alleged service of summons upon the defendants under Order 5 rule 20 of the CPC. Thereafter, the said Raghu ..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67