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Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......earned subordinate Judge dismissed the suit on the findings that the suit was not maintainable in its present form, that the respondent bank had no service Rules and Regulations when the departmental proceeding was initiated against the appellant and that the Agrani Bank (Employees) Service Regulati..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......on and had been continuingly violating the order of this Division wilfully and deliberately without carrying out the same, the petitioner moved the instant Contempt Petition for drawing up a contempt proceeding against the respondents upon which a Division Bench of this Division presided over by Mr...

Category: Employment/Service Law | Date: | Hits: 115

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......es that the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......e or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been ..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......d appellant under section 342 CrPC. From the persual of the record it appears that these appellants were examined under section 342 of the Criminal Procedure Code on 8.10.90. P.W.1, who initiated the proceeding and also partly investigated the case, during his examination‑in‑chief stated that he..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......om Manada Sundari's husband Nagendra in respect of the suit land on the plea that Nagendra took pattan of the suit land in the benami of his wife and on the basis of that sale deed Ext.'A' a mutation proceeding was initiated and on the basis of that mutation proceeding defendants got their name muta..

Category: Procedural Law | Date: | Hits: 105

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......and 4 has been absolutely unwarranted before arriving at a firm decision as to whether the Misc. case was filed by the plaintiff Jagannath Banerjee. He has, however, raised a plea of abatement of the proceeding, but this does not seem to be so much relevant for the purpose of disposal of the instant..

Category: Procedural Law | Date: | Hits: 77

Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......ic tribunal, it can convert an order of dismissal to an order of termination. Such order merely on the ground of stigma cannot be declared as made without jurisdiction unless it can be shown that the proceeding of the Domestic Tribunal is vitiated by procedural defect. This is not present here in th..

Category: Labour and Industrial Law | Date: | Hits: 115

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ...... approach was made to the case. In view of this fact the concurrent finding of the Courts below coupled with admission in the written statement regarding sale of the disputed holding in a certificate proceeding undoubtedly relates to the question of fact and it will stand undisturbed, even if such f..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......al to his own interest. Further it appears that the Ext. 2 was registered in the year 1947. But no dakhila produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiated by defendant No.7 to have the land of Ext. 2 recorded in his name. These a..

Category: Property Law | Date: | Hits: 91

Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)

....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77....... in Part I of the Schedule in the said Ordinance, sections 323, 447 and 147 have been exclusively mentioned to be triable by the Village Court. Therefore, the learned Advocate submits that the entire proceedings from the very beginning to the end are absolutely without jurisdiction. In this connecti..

Category: Criminal Law | Date: | Hits: 79

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......e petitioner and without giving him any opportunity of being heard. Under the provision of the statute of the University an action affecting the service of a teacher can be taken only upon drawing up proceedings and holding enquiry and affording the teacher an opportunity of being heard in respect o..

Category: Employment/Service Law | Date: | Hits: 155

State Vs. Amin Huda, 2011, 40 CLC (AD)

....Kha) of section 19(1) of the Act, 1990. 5. At this stage of the cases, the respondent filed two applications before the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceedings of the said two Druta Bichar Tribunal cases. In both the applications, Rule......on 19(1) of the Act, 1990. 5. At this stage of the cases, the respondent filed two applications before the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceedings of the said two Druta Bichar Tribunal cases. In both the applications, Rules were issued..

Category: Criminal Law | Date: | Hits: 112

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... the petitioners' relief does not lie under the Companies Act. It is further alleged that in the present case there are so many disputed questions of facts which cannot be adjudicated in such summary proceeding. It is their further case that the petitioners committed forgery in the subsequent agreem..

Category: Company Law | Date: | Hits: 159

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......nalty against the plaintiff, passed by the Board clearly comes under the bar as created under the aforesaid section 45 of the Ordinance. Section 45 provides as under- "No act done, order passed or proceedings taken by the controlling authority or the Board or the Chairman or any other officer of ..

Category: Civil Law | Date: | Hits: 84

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......o.3 is not in any way responsible for the alleged damage caused by the defendant Nos.1 and 2 unless and until the defendant Nos.1 and 2 are legally and properly notified and brought on records in the proceeding, a decree against them (foreigners) cannot be passed and as such the submission of Mr. Ra..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ...... of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting trespassers. The Mukti Judda Kallayan Trust has nothing to do with the proceeding of the eviction and it is the further case of the appellant that this mandatory injunctio..

Category: Property Law | Date: | Hits: 389

Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)

....y the Chief Metropolitan Magistrate. 3. A criminal proceeding was in existence against which a Criminal Revision No.972 of 1990 was filed under section 561A of the Code of Crimi­nal Procedure for quashing the proceeding pending in the Court of Chief Metropolitan Magistrate, Khulna in 631 ‑C/86...... Criminal Revision No.972 of 1990. 2. Heard the learned Advocate and perused the application and also the impugned order allegedly vi­olated by the Chief Metropolitan Magistrate. 3. A criminal proceeding was in existence against which a Criminal Revision No.972 of 1990 was filed under section..

Category: Criminal Law | Date: | Hits: 84

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ...... calling upon the respondents, Secretary, Ministry of Home Affairs, Government of Bangladesh and the Special Tribunal No.3‑cum‑2nd Court of Additional Sessions Judge, Dhaka to show cause when the proceeding in Special Tribunal Case No.121 of 1991 arising out of Lalbagh PS Case No.17(2)91 under s..

Category: Criminal Law | Date: | Hits: 88

Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... ফালাইছে”. At that time his another brother Masud asked him how and where the incident took place, in reply Masum said while he was coming from Mirpur Section-1 with a Mishuk and was proceeding towards Gulisthan, at the Technical turning point he was resisted by Sharifullah and 3 /4..

Category: Criminal Law | Date: | Hits: 73