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Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270....... by or under any law. I am of the opinion that section 4 contemplates a legal proceeding which could not be instituted within the prescribed period of limitation due to reign of terror perpetrated by Pakistan occupation army and became time-barred. In the instant case the defendants having had alrea......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...

Category: Property Law | Date: | Hits: 66

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......f absorption and issued further direction vide Establishment Division Memo No.ED (M-III) 61/73-61(500) dated 8-2-74 that the surplus Mujibnager Employees and the employees of the former Government of Pakistan be absorbed in the vacant posts without further delay. In 1980 also some sort of additions ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....nt and order dated 6‑7‑03. The plaintiffs in their application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure stated, in short, inter alia, that the plaintiffs, the President and members of the Executive Committee of Dinajpur Bar Association for the year 1409 BS., during their t...... to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia, 7 DLR 606; Abdul Barek Mia Vs. ABM Serajul Islam, 20 DLR 501; Md. Ashid Mia Vs. Province of East Pakistan, 22 DLR 694; Khondker Monjur Morshed Vs. Executive Committee (NB), 28 DLR 449; Abdul Jalil ......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....ce. 30. Furthermore, in this connection we want to quote here few lines in the case of Abdur Rauf Vs. Govt. of East Pakistan reported in 22 DLR(1970) 193, which reads as follows: "It. must be remembered that no citizen can be asked to part with his property even temporarily unless it is necess......ltanuddin Chowdhury Vs. Government of the Peoples Republic of Bangladesh and others, 32 DLR 252; Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others, 44 DLR (AD) 100; Abdur Rauf Vs. Govt. of East Pakistan, 22 DLR (1970) 193; Hosne Ara Begum and others Vs. Montaj Ali and others, 55 DLR (AD) 20; A......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....work for enforcement of rule of law, independence of judiciary, protection of human rights, which include, amongst others, a corruption free society. The petitioners are citizens of Bangladesh and as members of different activist groups are concerned about public wrong and public injury and invasion......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....here is no law that evidence of a Police Personnel as witness is liable to be flung to wind on the ground that he is a Police Personnel. PW 1 who is, also, PW 6, PWs 3 and 4 are Police Personnels and members of raiding party. Whether PWs 1, 3 and 4 could bring home the charge against convict-appella......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..

Category: Criminal Law | Date: | Hits: 84

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......t the will was forged and false document would not be barred. 25. In Ch Sir Muhammad Zaffarullah Khan and others Vs. Custodian of Evacuee Property and others, 17 DLR (SC) 126, the Supreme Court of Pakistan held that when the above mentioned orders do not constitute res judicata because the questi......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....ent Md. Abdur Rashid J.- This application at the instance of one Abdur Rashid Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited company; and was incorporated under the......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....ions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies Act, 2001 and submits that there is no scope for entertaining any first information report or complaint against any member of the Co‑operative Society unless the Registrar or an officer duly authorised by the Regis...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......dia in this Sub‑continent by the sovereign states now in existence. In India they repealed and replaced the 1913 Act by the Companies Act of 1956. In Bangladesh it is the Companies Act, 1994 and in Pakistan also it is the Companies Ordinance, 1994 but in none of these enactments the expression 'de......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....sion benefit, that this kind of deduction from salary, against commutation of pension, is equally applicable to the Chief Election Commissioner and other Election Commissioners. It is stated that the members of the Civil Service upon retirement, is entitled to net pension for life after surrender of......4‑2003. It is stated in the said supplementary affidavit that the petitioners had been in service of the Republic and the petitioner Nos.1 and 2 were the members of the erstwhile Civil Service of Pakistan and after liberation of Bangladesh in Bangladesh Civil Service (Administration) Cadre while......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......atures of that case their Lordships held as follows: "But the fact that Jamuna Oil Co. Ltd. is a distinct legal entity is not decisive in the present matter. From the moment the properties, etc of Pakistan National Oil Ltd. vested in the Bangladesh Petroleum Corporation under section 31(c) read w...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

....a) persuade a workman to join or refrain from joining a trade union during working hours, or (b) intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a member or officer of a trade union; or (c) induce any person to refrain from becoming, or cease t...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....o not find any complain that the petitioner had instigated or conspired with or aided, by any act or omission, the Price Evaluation Committee or the RAJUK or the concerned Ministry or Minister or any member or employee in the process of making the decision to transfer abandoned house, or to evaluate......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...

Category: Administrative Law | Date: | Hits: 173

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....that the contractual employees be regularized and governed under the Regulations of 1979. But the said recommendation went unheeded. However, in an inquiry report dated 28-1-2002 submitted by a three-member committee of the Government, it has been stated that the appointment of contractual employees...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....t it is a mare request letter and he fur­ther admitted that the Director of the Commission is not the Commission itself because the Commission consists of 3 (three) persons i.e. one Chairman and two members and the Commission itself is author­ized to accord sanction but not any other person. We ap...... have been taken by the appellant from the Family Planning Office as per indent. There is not date and time to misappropriation. Reference may be made to PLD 1962 Dacca 623: Section 6(5) of the Pakistan Criminal Law (Amendment) Act, 1958: "Section to prosecute-order of authority giving sanc......iling situation of the State, under which series of cases were initiated against the politicians, persons of high profile, businessman and other classes of people of this country during the regime of Army backed so-called Caretaker Government. 65. On meticulous consideration of entire materials o..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....ficult to assess their fitness resorted to opinion poll amongst the beneficiaries as to whom they liked to succeed as Mutwaili. The sons of Moyna Miah voted for Anwar Hossain. The rest cover­ing the members of 4 families unanimously voted for Mohammad Altaf Miah. Anwar Hossain got four votes and Mo...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... Labour (Standing Orders) Act and procedure to be followed are also provided for in the said Act. 14. In the case of Hari Meah -Versus- The State reported in 11 DLR (SC) page 368, Supreme Court of Pakistan in deciding as to whether Special Magistrate appointed under the East Pakistan (Now Banglad......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......dure in cases of imminent danger to life or property. 43. ‘Authority’ in the Act of 1952 is defined in section 3(a) of the said Act which is as follows: “3. (a) “Authority” means East Pakistan Water and Power Development Authority established under section 3 of the East Pakistan Wate......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......Appellant Vs. Nurul Islam Khan……………Respondent Judgment November 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: Md. Waliul Islam, Advocate - For the Appellant. ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..

Category: Civil Law | Date: | Hits: 65