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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. ...... any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......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. ..

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

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......plication under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordinate Judge, 2nd Court and SCC Judge, Sylhet in SCC Suit No. 47 of 1986 should not be set aside. 2. T..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......eement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8...

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the judgment and decree dated 24.4.84 and 8.5.84 respectively, passed by the Additional District Judge, 4th Court, Dhaka, in Title Appeal No.220 of 1981, allowing the appeal and reversing the judgm..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

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

....khil Chandra Malo, Secretary, Kabirajpur Union Matsyajibi Samabaya Samity Ltd., Upazila Rajair, District Madaripur out of grudge and enmity filed an application before the respondent No.3, Additional Divisional Commissioner, Dhaka Division, making allegations against the petitioner contending, inter......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. ......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

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......dgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dated 7.5.90 passed by the Sessions Judge, Kishoregonj in Criminal Miscellaneous Case No.150 of 1990 arising out of GR Case No.83(2)/89 ..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

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

....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. ......ed 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. ......ngla­desh, represented by the Deputy Commissioner, Dhaka were added as defendants, but none contested the suit. The Government filed Miscellaneous Case No.217 of 1986 in the 2nd Court of Subordinate Judge, Dhaka for setting aside the said ex parte decree under Order 9, rule 13 of the Code of Civil ..

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

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..............Accused-Appellants Vs. The State..............................................Respondent Judgment February 25, 1991. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), Section 30 Whether the High Court Division fai......of two years and the disposal of such appeal normally takes time. Refusal of bail will render the appeal infructuous in the event of success of the appeal and in that circumstances the learned Single Judge of the High Court Division ought to have exercised his judicial discretion in the matter of gr..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

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

....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. ......an J. - This Rule was issued on 11.2.91 on an application filed under section 561A of the Code of Criminal Procedure, calling upon the Deputy Commissioner, Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with se......ceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing Rule, on the prayer made on beha..

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

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

.... 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. ...... 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. ......l Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should not be set aside and why the victim g..

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

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

.... 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 ...... 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 ...... Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No. 109 of 1990 under section 41(b) read with it..

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

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

....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. ......3.5.97 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. ......e Company filed Title Suit No. 49 of 1987 for declaration of the said agreement as void and for refund of the money illegally realised from the Company by the Bank in the Court of the 3rd Subordinate Judge. The Bank filed a Criminal Case against the petitioner in connection with the post‑dated che..

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

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

....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. ......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. ......he Opposite Parties. Civil Revision No. 1352 of 1980. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and decree of reversal passed by the learned Additional District Judge, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The pe..

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

Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)

....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......ated 18 June, 1990 passed by the High Court Division, Dhaka in Civil Order No.1156 of 1990). Judgment: MH Rahman J.- Respondents filed Title Suit No.38 of 1989 in the Court of Subordinate Judge, Narayanganj for evicting defendant No.1, the Bangladesh Inland Water Transport Corporation an..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......and the sentence is also of a short duration When the appellants were already on bail granted by the lower Appellate Court, the direction that has been given in the present case by the learned Single Judge of the High Court Division by rejecting the prayer for bail is not proper and is not in keepin..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

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

....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. ......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. ......on, Rangpur Bench, passed in Death Reference Case No.6 of 1983 rejection the reference and setting aside the order of conviction and sentence passed against the respondents by the Additional Sessions Judge, First Court, Pabna in Sessions Case No.300 of 1982. 2. At the trial P.W.1 Moked Ali, th..

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

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

.... plaintiff was asked to act as IPO was "issued in the interest of service to have immediate effect and until further orders." The order reads as follows: "Mr. Fazlul Huq, Clerk Divisional Office Mymensingh is hereby ordered to act as Inspector of Post Offices, Netrokona Sub-Dn......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......ment as permanent. Whereas this Court seems to have studied in depth and therefore, arrived at a contrary finding, that is, the expression "temporarily" would, in the opinion of the learned Judges of this Court, make the appointment temporary if the service itself was temporary, not otherw..

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

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ...... High Court Division, Comilla Bench, in SA No.471 of 1973). Judgment Mustafa Kamal J.- This is the plaintiff's appeal from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench dated 15‑5‑83 in SA No. 471 of 1973 allowing the..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)

....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82.   ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82.   ......f is directed against the judgment and order of the High Court Division passed in Civil Revision No. 1247 of 1982, setting aside the concurrent judgment and decree of the Court of Additional District Judge, 3rd Court, Mymensingh passed in Money Appeal No. 7 of 1978 affirming the judgment and decree ..

Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......ppeal by special leave calls in question an order of the High Court Division, in appeal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Pr..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88