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Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs..

Category: Procedural Law | Date: | Hits: 193

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....eneral Manager, Agrani Bank was led to draw up a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained ab­sent from duties on 11.11.74 without prior permis­sion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Bra......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Ban­gladesh and accused Shah Alam Chowdhury, Moniruzzaman, ..

Category: Criminal Law | Date: | Hits: 127

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......ion of law the Respondent No.1 which was previously a private limited compa­ny was brought under the control of the Bangladesh Oil and Gas Corporation which is a statutory corpo­ration and also the Ministry of Mineral, Oil and Gas Resources, Government of Bangladesh. He has also referred to the Ba..

Category: Others | Date: | Hits: 227

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....ce of notice of the Misc. Case upon the vendee opposite party had been caused on 8.8.76 and the kabala in favour of this petitioners is dated 26.7.76 and the kabala in favour of the peti­tioners was prior to the service of notice." Mr. A.K. Badrul Huq, the learned Advocate argues that the present p......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..

Category: Property Law | Date: | Hits: 100

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....ur Court. (4) The registration of a trade union shall not be cancelled on the ground mentioned in clause (d) of sub-section (1) if the unfair labour practice is not committed within three months prior to the date of submission of the applica­tion to the Labour Court." 6. It appears that the......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ..

Category: Labour and Industrial Law | Date: | Hits: 178

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....unicipal Corporation and he was allotted accommodation in the Gulshan Taltala Sweeper Colony by respondent No.1 and as such attempt for his eviction from the said accommodation on 20‑4‑89 without prior notice and by force is not only illegal but also violative of the fundamental right to life an......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..

Category: Constitutional Law | Date: | Hits: 369

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

.... 12‑10‑96. It is also the case of the petitioner that the search party failed to find out any unlicensed arms and ammunition from the premises. It is also the definite case of the petitioner that prior to12‑10‑96 the house was thoroughly searched by the police and nothing was recovered and s......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....tack whom he, how­ever, fails to identity. It is noted that this individual does not figure elsewhere in Badshah's narrative generally and does not appear in particular at any material place or time prior to the commission any of the offences. 10. A noted divergence and discordance between Mokse......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

.... 1990 and 1991, reserving appointments and posts for socially and educationally backward class of citizens, were declared to be unenforceable because of the failure of the Government to discharge its prior constitutional obligations required under Article 16(4). 33. The same theme has been echoed......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ...... While the Corporation was so formed with the Ward Commissioners in general seats as well as in the reserve seats a circular dated 23‑9‑2002 was issued under the signature of the Joint Secretary, Ministry of Local Government, Rural Development and Co‑operative, Local Government Division (Poura..

Category: Constitutional Law | Date: | Hits: 443

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......on (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgm..

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....1983 the forum of appeal was changed from the High Court Division to the court of the District Judge where the appeal is valued upto Tk. 70,000.00. Section 3 amended section 21 of the Act. Section 21 prior to the amendment reads as: "21. (1) Save as aforesaid, an appeal from a decree or order ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

....of the Government may be dismissed or removed from the service. Section 4 of the Act gives power to the Government to make rules. The Government Servants (Efficiency and Discipline) Rules were framed prior to the Act came into being. In the circumstances it is argued that whether for misconduct unde...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....ied where the owner etc. of any industry or commercial concern, majority of them have left Bangladesh and then take positive step of taking over in the public interest to control manage the same. But prior to that the satisfaction of the Government as to the availability of the owners etc.; as the a......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......l concerns, commercial firms and insurance companies have left Bangladesh and in the interest of the economy the said concerns are required to be immediately put back into operation and the concerned Ministry shall take over and operate the same either directly or through appointment of administrato..

Category: Property Law | Date: | Hits: 111

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....r the condemned prisoners have further contended that the confessions were not voluntary and true as the same were obtained by torture and mal-treatment keeping the prisoners in the custody of Police prior to their production before the Magistrate and afterwards both the confessing condemned prisone...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ....... Police arrested Nazma Sarker @ Beauty, Kamal and Rokeya when Nazma Sarker @ Beauty and Rokeya confessed their guilt. 23. P.W. 8, Mahmuda Khatun, a Senior Assistant Secretary of the Establishment Ministry while serving as Magistrate, First Class at Gazipur, on 30.8.2003 at 11-30 hours, accused N..

Category: Criminal Law | Date: | Hits: 98

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....he high duty of public official but in all circumstances not the highest. The law of self preservation and protection of the country and the national security may claim in certain circumstance higher priority." (1985 Supp. SCC 144 (171) Para‑82). 45. In the matter of preventive detention, Co......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312....... (Special Original Jurisdiction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangla­desh, Secretariat Building,..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......Tribunal No. II, Bagerhat is quashed and the accused petitioner is discharged from the bail bond submitted before the ­said Special Tribunal. Let a copy of this Judgment be sent to the Secretary, Ministry of Law and Parliamentary Affairs for taking necessary action against Mr. Dabiruddin Shaikh,..

Category: Criminal Law | Date: | Hits: 73

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

.... the next morning to intimate the Home Ministry first about the re­lease. It must release the detenu first, and then in­form the Ministry the next day. For their failure to inform the Home Ministry prior to the detenu's re­lease, the jail authority cannot be proceeded against under any disciplina......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......emner on 20.2.89. The pe­titioner was waiting at the jail gate for the release of her husband. On 20.2.89 a fresh order of detention was passed under the signature of Assistant Secretary (Security), Ministry of Home Affairs which was served upon the detenu on the same date inside the jail allegedly..

Category: Criminal Law | Date: | Hits: 124

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....h omission was unintentional and without any mala fide motive. It is also con­tended that the omission has neither caused any prej­udice to the share-holders nor the creditors. It is submitted that prior to 29.1.1989 the petitioner Company was under bona fide belief that the mort­gage deed is to ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......ment and in December, 1982 he was posted as Superintending Engineer, Road Circle, Dhaka and completed 7(seven) projects in record time as per direction of the then DCMLA and Minister-in-Charge of the Ministry of Communications, Gov­ernment of Bangladesh. In appreciation of the servic­es of the pet..

Category: Employment/Service Law | Date: | Hits: 209