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Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....strate. But the Managing Committee, without considering the prayer of the plaintiff, informed him by letter dated 31-10-1993 that he was dismissed from service on 21-10-1993 as per Rule 11 of the Non-Government Teachers' Service Rules, 1979 (shortly, the Rules). The plaintiff did not commit any offe......er as plaintiff filed Other Class Suit No.23 of 1993 in the Court of Assistant Judge, Kaunia, Rangpur for declaration that the letter dated 30-10-1993 signed by the defendant No.1 dismissing him from service i.e. the post of Office Assistant of Mudamudan High School (shortly, the School) was illegal..

Category: Civil Law | Date: | Hits: 144

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......factory. An enquiry committee was constituted before which the petitioner appeared. The enquiry committee found the petitioner guilty and based on the enquiry report the petitioner was dismissed from service by order dated 22.7.85. The dismissal order was served on the petitioner on 27.7.85. A copy ..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....at the marking system introduced by the answering respondents are ultra vires to the service Rules and BSRS Order. It is stated that the marking system needs to be introduced with the approval of the Government and after publication in the official gazette. In the absence of approval of the Governme......the petitioner.” In paragraph 9 of the affidavit-in-reply it has further been stated: “The petitioner states that the marking system introduced by the answering respondents are ultra vires to the service Rules and BSRS Order. It is stated that the marking system needs to be introduced with the a..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

....al Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Gazi Jashimuddin……………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Ju......of 1997. Judgment KM Hasan J.- This Rule was issued calling upon the respondents to show cause why a direction should not be given upon them to appoint the petitioner to the police cadre in the service of the Republic with effect from 15th November, 1995. 2. The facts as stated in the petit..

Category: Employment/Service Law | Date: | Hits: 194

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....essions Divisions within which the District is situate shall be deemed to have been ap­pointed as Additional Sessions Judges of that Division. By Notification No.ED/FA-52/82-466 dated 08.09.1982 the Government inves­ted all Additional District Magistrates with powers to try as Magistrate all offen......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....   High Court Division   (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Siddiqur Rahman and others ...Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Libera...... 10. In those cases the Rules were made absolute as the petitioners therein were getting state honorarium from long before at a higher rate, which was subsequently stopped/curtailed/reduced without service of show cause notice. As the subsequent classification was made to their disadvantage, the n..

Category: Constitutional Law | Date: | Hits: 237

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

....In proper cases an inordinate delay in the execution of the death sentence may be regarded as a ground for com­muting it but that is no rule of law and is a matter primarily for consideration of the Government on a mercy petition submitted by the condemned prisoner. If the Court has to exercise a d......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the plaintiffs is that Sultan Mahmud of village Charkali, PS Companygonj District Noakhali retired from service in 1970 and in 1971 while he fell in financial crisis, he proposed to sell the lands meas­u..

Category: Procedural Law | Date: | Hits: 110

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.......Respondents Judgment August 10, 1992. Result: The Rule is made absolute. Cases Referred to- Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Government of Ghana Ridge Vs. Baldwin & others, 1963 (2) All England Law Reports, 66; Nasiruddin...... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....usted consequent to the establishment of the Family Courts. 11. Decisions of the Supreme Court of Pakistan reported in PLD 1969 SC 187 and 1971 SCMR 150rest on the basic fact that under section 20 Government of Pakistan may invest any Judge of a Family Court with the power of a Magistrate to make......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..

Category: Family Law | Date: | Hits: 133

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....) 400. ......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..

Category: Administrative Law | Date: | Hits: 192

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....10. Result: The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Benc......pondent No.3 and the Memo bear­ing Nothi No.৮(২) মুসক নীঃ ও বাঃ/২০০০/৩৪৭dated 31-10-2006 issued by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal e..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... of construction workers as per the workers safety provisions pro­vided in the National Building Code, 2006. But peti­tioner No.1 did not get any response from the con­cerned authority. 10. The Government, in exercise of the power conferred to it by section 18A of the Building Construction Act......ables with a detailed breakdown of different aspects of these deaths including the location of the death, how the death took place, the sector in which the death occurred (construction, manufacturing service, agriculture or mining) and the cause of death. Table-7 at page 38 of the report shows that ..

Category: Labour and Industrial Law | Date: | Hits: 163

Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....ing, inter alia, that the people of Shalaudi village of Baruhadia union under police station Pakundia, Distsrict Kishorganj established a primary school in the year 1985 under the name "Shaluadia Non-Government Primary School". For smooth management of the School, a Managing Committee was formed. Th......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..

Category: Civil Law | Date: | Hits: 107

M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......le to be set aside, 7. Mr. Mahbub Elahi, further argues that the exparte preliminary decree dated 24.6.97 and final decree dated 17.11.97 are not exe­cutable inasmuch as the decree is hit by non service of summons upon the defendants and for not filing the Artha Rin Mortgage Suit by competent p..

Category: Civil Law | Date: | Hits: 129

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....Judgment March 18, 2010. Result: The Rule is discharged. Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 61 DLR AD 92; Nur Islam Vs. Agrani Bank, 49 DLR A...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....s shall follow upon such disposal. 2. Further to the Application in Writ Petition No.2669 of 2000 a Rule Nisi was issued with regard to the Rangamati, Khagrachari and Bandarban Hill District Local Government Council (Amendment) Acts, 1998 (Acts Nos.9, 10 and 11 of 1998) and the Chittagong. Hill t......as may be prescribed by Act of Parliament and which may include functions relating to administration, maintenance of public order, and the preparation and implementation of plans relat­ing to public services and economic develop­ment. By reference to that list of functions in Article 59(2) we find..

Category: Constitutional Law | Date: | Hits: 314

Md. Habibur Rahman Chowdhury Vs. State and anoth­er, 2010, 39 CLC (HCD)

....ion does not exclude an 'account payee' crossed cheque from negotiable instrument. It simply makes such cheque not negotiable. Therefore, 'account payee' crossed cheque is a negotiable instrument and Government by section 1A of the Act. 14. In view of the discussions made above we find that there......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..

Category: Criminal Law | Date: | Hits: 138

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......t vide Memo No. FDC/Admn. (Administration and Finance) 35(7) dated 7‑7‑92 (Annexure‑A) in the national pay scale of Taka 1200.00‑2335.00. One of the conditions of her appointment was that her service would be governed by the Service Regulations of the said corporation. 3. Respondent No.2 ..

Category: Labour and Industrial Law | Date: | Hits: 265

Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)

....nt or the Arbitration Council. It was held in this case that Article 6 of President's Order No.7 provided that the functions of the Chairman of local councils shall be performed by such person as the Government may appoint in this behalf but it could not be shown to the Court that by any notificatio......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..

Category: Procedural Law | Date: | Hits: 105