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Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6................Petitioner Vs. Rup Gazi & others......................................Opposite-Parties Judgment August 25, 1986. Result: The Rule is discharged. Case Referred to- Union of India Vs. Ram Charan, A.I.R. 1964 (S.C.) 215. Lawyers Involved: Md. Abdus Sobhan, Adv......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
....ivision, the legal obligation to hold the next general meeting will start from the date when the meeting was actually held. The words "after the holding of the last preceding general meeting" clearly postulate the actual holding of a meeting. The meeting which was thus actually held in terms of the ......i.e., within 05.04.1982, as required under section 76 (1) of the Companies Act. The Company ought to have held its second annual general meeting at the latest on 05.07.1983, but it failed to do so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with secti......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1...
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....ion cited at the Bar I want to examine the relevant provision of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979. At the time of appointment of the petitioner and others in the post of stewardesses the Regulations was made on December 20, 1979 on the strength of section 30 of ......ion of Mr. Khandoker. It reads: “13. it is common cause of the appellant unions that their respective Trade Union are separate and distinct from the other registered trade unions in that respective members are rendering distinct and separate species of service to the Biman. They are special catego......y of the Air Craft Engineers of Bangladesh and another Vs. Registrar of Trade unions and others, 45 DLR 122 (AD); Bangladesh Biman Flying Service Association of Cabin Crew Vs. Bangladesh Biman Sramik Union and others, 45 DLR (AD) 122; Air India Vs. Nergesh Meerza and others, AIR 1981 (SC) 1829; Mr. ......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
....200.00 per month by an order contained in Memo No.51/10/70-71 dated 13.9.70 which has been annexed as Annexure‑H to the supplementary affidavit filed by the petitioner on 12.5.94. Subsequently, the post which the petitioner was holding was redesignated as the post of Assistant Professor in the Dep...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121....... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121....... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....s per Regulation No.18 of the Service Regulations of 1969 of the Authority wherein it was provided that seniority on promotion shall take effect from the date of taking over the charge of the higher post and the same was circulated for the information of the Engineers whose names appeared therein a......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....borately has been stated by my learned brothers I shall only state, in short some relevant facts. The petitioner, a former Prime Minister and Vice President of Bangladesh on 6.12.90 resigned from the post of Vice President and Mr. Justice Shahabuddin Ahmed, the former Chief Justice of Bangladesh, wa......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108....... discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. ......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....Judge, but took care to invest the Additional SesÂsions Judge with the authority and jurisdiction to exercise all powers of the Sessions Judge under ChapÂter XXXII. 76. It is therefore, quite preposterous that an Assistant Sessions Judge deemed to have been apÂpointed as an Additional Sessions......l Code and other laws. Section 5 is followed not by the provisions for appeal, revision, reference or reÂview, but among others, by the provisions for trial of criminal cases. This is important to remember. 32. Then comes Part II wherein lie sections 9, 29C and 31(4) - all under the wider headin......thers Vs. Durga Prosad Chamria, AIR 1940 PC 167; CommisÂsioner of Income Tax Act Vs. Vadilal Lallubhai, AIR 1973 (SC) 1016; 1984 BLD 250; Mullins Vs. Treasurer of Surrey, (188) 5 QBD 170; West Derby Union Vs. MetropoliÂtan Life Assurance Society, (1987) AC 647; R.V. Dibdin, (1910) (Prob. Dn.) 57. ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......le is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sahib Vs. Adam Sahib, 1977 Mad. 368; India Cable Co. Ltd. Vs. The Union of India, 1976 Pat.76; M/s. Ganesh Trading Co. Ltd. Vs. Moji Ram 1978 (SC) 484. Lawyers Inv......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....the judgment and order dated 19.8.86 passed by the Election Tribunal and SuborÂdinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 conÂtested for the post of Chairman of the Nalchity UpaÂzila Parishad in the election held on 20.5.85 and in the elect......was held legally without any irregulariÂties for which the election could not be declared as void. 4. In the meantime there was an election to the Parliament in which the petitioner was elected a member of the Parliament on 7.5.86 and the name of the petitioner was published by the Election ComÂ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......gment Mohammad Ismailuddin Sarker J.- This Rule was issued upon an application under section 115 of the Code of Civil Procedure by the petiÂtioner who was elected Chairman of the Nalchity Upazila Parishad against the judgment and order dated 24.2.87 passed by the learned District Judge, Jhalakat..Category: Election Law | Date: | Hits: 252
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....a result of the injury caused by the dagger blow on the left side of her back are also borne out from the evidence on record and gets support from the evidence of P.W.17 Dr. Md. Sadeque who performed post mortem examinaÂtion on the dead body of Lechu Bibi on 20.4.83 and found one slightly oblique p......llant Mohubullah and asked appellant No.3 the wife of appellant Mohubullah who stated that somebody struck Lechu Bibi and went away and Lechu Bibi went to the hut and fell down. She said that no male member was present at the time of ocÂcurrence. In cross-examination she stated that the wife of Moh......ubullah and found Lechu Bibi lying dead in the west bhiti hut. On his asking the wife of Mohubullah disclosed that some unknown person killed Lechu Bibi, P.W.8 Abdul Mukit Ex-Chairman of the Jalalpur Union Parishad along with the informant P.W.1 went to the place of occurrence and found Lechu Bibi l......h and found Lechu Bibi lying dead in the west bhiti hut. On his asking the wife of Mohubullah disclosed that some unknown person killed Lechu Bibi, P.W.8 Abdul Mukit Ex-Chairman of the Jalalpur Union Parishad along with the informant P.W.1 went to the place of occurrence and found Lechu Bibi lying d..Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....in all examined as many as 16 witnesses in support of the prosecution case while the defence examined none. 7. Of these 16 witnesses P.W.1 Mohan Miah is constable who identified the dead body for post mortem examination, P.W.2 Mizanur Rahman is another constable who was tendered but the defence ......low on the right elbow of Sikiin Ali causing serious injury. In his cross‑examination he stated that upon being hit by sulfi blow on his abdomen Sikim Ali fell down on the ground but he could not remember if any blood dropped on the place of occurrence or not. He further stated that other accused ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....J in the following words: "Bearing, in mind the nature of an occasion where a highly responsible officer was speaking to others who also were responsible officers and likely in due time to achieve posts of responsibility not dissimilar to that of the Speaker himself, one would expect that the fac......s jurisdiction under Article 102 of the Constitution. From the quoted passages it becomes manifestly clear that it tends to interfere with the administration of justice. Writing with such a tone by a member of the Subordinate Judicial Service is the grossest type of scandalising of the Judges of the......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... recorded the statement of P.W.2 Md. Farid Hossain under section 164 of CrPC and P.W.16 Md. Mokbul Hossain, sub-inspector. He filled up the First Information Report form, P.W.17 Dr. A Rashid who held post mortem examination on the dead body of the deceased Mahbubur Rahman and P.W.18 Kuddussur Rahman...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......ollusion with one another. The project Chairman claimed that no amount was misappropriated and he purchased 23 decimals of land at Taka 40,000.00 for construction of a Tahshil Office in the concerned Union but, in fact, no such land was purchased and no resolution was passed by the Union Parishad fo...... the above case was started on the basis of First Information Report lodged by District Anti-Corruption Officer, Kushtia. The allegation is that, accused Nazrul Islam, Sub Assistant Engineer, Upazila Parishad, Mirpur, Kushtia submitted a project for re-excavation of a pond giving an excessive area o..Category: Criminal Law | Date: | Hits: 108
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....case and went to the place of occurrence. The Investigation Officer held inquest upon the two dead bodies and sent the dead bodies to Patuakhali morgue through constable Probath Kumar and another for post morÂtem examination. The condemned prisoner was arÂrested on 15.5.85 and made a confessional ......d an error of law in admitting the same into evidence and relying upon the same for his decision. As to the recovery and seizure of the sari and the sponge sandal it is quite improbable that P.W.4, a member of the Union Parishad who went to the bazar to purchase some betel nut, will take the sari an......n that house in the night. In his cross-examination he deÂnied that he did not see Manik to come to his father-in-law's house and stay the night there P.W.4 Abdul Mannan is a Member of the Kalamegha Union Parishad who stated that on 14.8.85 he went to Munshiganj Bazar to bring betel nut. Manik has ...... house in the night. In his cross-examination he deÂnied that he did not see Manik to come to his father-in-law's house and stay the night there P.W.4 Abdul Mannan is a Member of the Kalamegha Union Parishad who stated that on 14.8.85 he went to Munshiganj Bazar to bring betel nut. Manik has his qu..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....hip deed dated 7.10.78 Ext.3 and sent the legal noÂtice dated 24.2.79 to defendant Nos.1 and 2 but the notice upon defendant No.1 came back on refusal and the notice on defendant No.2 came back with postal endorsement "left." The notices were marked Ext.5 and 5(a). He admitted in cross-examination ......he constitutions and reconstitutions were sometimes beÂtween the defendants 1 and 2, sometimes between deÂfendants 1 and 2 and their wives, sometimes between defendants Nos.1 and 2 and their family members and lastly between the defendants Nos.1 and 2. The reconstitution on 1.11.76 was between def......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
....s of no legal effect.
2. The case of the petitioner is as follows:
He has been serving under the respondent from 27-2-1975. He was appointed as Security Guard and lastly, he was promoted to the post of Store-Keeper in 1979. The respondent is a Statutory Corporation known as Bangladesh Sarak Pa......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......orporation created by the Ordinance No. XXVIII of 1961 to provide transport facility to the people of the country. The petitioner is the president of the workers union known as BRTC Sramik Karmachari Union. This union is the CBA in respect of the workers and employees serving in the employ of the re......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
.... the interest for the period beyond time from the date of award till the date of realization of the amount, therefore mere passing an order for interest either for the pre-reference period or for the post reference period does not render the award a nullity. 11. Mr. Masihuzzaman then raises an im......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....e learned Magistrate forwarded the petition of complaint to the police station for treating it as First Information Report. The police held inquest on the dead body of Waliullah and on receipt of the post mortem report, submitted charge sheet against the accused persons. The defence is that the accu......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......occurrence, informant (P.W.1) Mariamer Nessa, wife of the deceased came to the place of occurrence. Thereafter P.W.1 accompanied by P.W.2 Jalal Ahmed went to the house of Abdul Wadud, Chairman of the Union Parishad who advised her to lodge a, First Information Report with the police. Accordingly, P.......ence, informant (P.W.1) Mariamer Nessa, wife of the deceased came to the place of occurrence. Thereafter P.W.1 accompanied by P.W.2 Jalal Ahmed went to the house of Abdul Wadud, Chairman of the Union Parishad who advised her to lodge a, First Information Report with the police. Accordingly, P.W.1 we..Category: Criminal Law | Date: | Hits: 147
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....tification. The nature of the notification is such that if allowed to be interfered with then it breaks a chain of rights and plays havoc with the scheme propounded by the legislature in disposing of post-election matters. 22. It has been held in the case of Kanta Devi and another Vs. State of Ra......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......cle 102 of the Constitution of the People's Republic of Bangladesh had a chequered caÂreer. 2. The petitioner along with 5 other candidates was a contestant in the election of Chairman of Chapair Union Parishad, Upazila Kaliakair, District Gazipur, held on 10.2.88. There were 3 wards and 5 polÂ......2 of the Constitution of the People's Republic of Bangladesh had a chequered caÂreer. 2. The petitioner along with 5 other candidates was a contestant in the election of Chairman of Chapair Union Parishad, Upazila Kaliakair, District Gazipur, held on 10.2.88. There were 3 wards and 5 polÂling c..Category: Election Law | Date: | Hits: 216
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