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Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

.... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430.......Memo dated 10-8-89 gave ‘no objection’ to the functioning of the petitioner union; and that there was no application filed on behalf of the union for cancellation of the registration and that the members of the petitioner union are not engaged in the training and research work; and yet the Respo...... 54 DLR (2002)430....... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430...

Category: Labour and Industrial Law | Date: | Hits: 158

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....t dated 30-6-99, Challan of VAT dated 1-7-99, renewed Trade Licence dated 11-8-99 certificate showing that the defendant No.1 is a member of Bhairab Chamber of Commerce and his membership No. 55, the poster advertising washing soap with trade mark Ghadi, the advertisement dated 20-8-99, regarding tr...... date 20-7-99 issued on behalf of the plaintiff, declaration of VAT at dated 30-6-99, Challan of VAT dated 1-7-99, renewed Trade Licence dated 11-8-99 certificate showing that the defendant No.1 is a member of Bhairab Chamber of Commerce and his membership No. 55, the poster advertising washing soap......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...

Category: Intellectual Property Law | Date: | Hits: 200

Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)

....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......detenu for a period of 30 days for maintaining the law and order situation in the locality who is a terror in Kamrangirchar Police Station of the city and who perpetrated torture/ repression upon the members of business community and public in general making their life miserable and insecure. The al......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...

Category: Criminal Law | Date: | Hits: 22

Chairman, Governing Body, Bangladesh Rifles School and College Vs. Chairman, Governing Body, Bangladesh Rifles School and College Vs. Md. Gholam Kibria and others, 2010, 39 CLC (AD)

....Committee was quite legal. On the aforesaid findings the High Court Division made the Rule absolute with a direction to the writ-Respondents to allow the writ-petitioner to join in his service in the post of Assistant Teacher of English in the light of the Board's Memo dated 16.09.2003 (Annexure-K t......as asked to show cause why he shall not be dismissed from service, that the writ-petitioner showed cause denying the allegation made against him, that an Inquiry Committee was formed comprising three members and the Inquiry Committee submitted its report with the recommendation for removal of the wr......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497.......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497...

Category: Employment/Service Law | Date: | Hits: 133

Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)

....inistrative Tribunal, Khulna stating, inter alia, that the respondent Gopal Chandra Nath joined as an Assistant Cashier on 29.08.1979 in Bangladesh Krishi Bank and he was subsequently promoted to the post of Cashier on 11.05.1983. Thereafter, on 14.12.1989 he was promoted to the post of an officer a......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...

Category: Administrative Law | Date: | Hits: 258

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

....rst information report, memo of evidence, the confessional materials on record of the case. 13. PW 1 Cons. Amjad Hossain escorted the dead body of deceased Abdus Sattar Dakua to Barisal morgue for post‑mortem examination. Defence declined to cross-examine him. 14. PW 2 Dr. Md. Mahtabuddin, M...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..

Category: Criminal Law | Date: | Hits: 35

Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)

....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......s were found to be lowest bidder. Accordingly, the plaintiff-bank issued the work order in favour of the defendants. After receipt of the work order the defendants started to execute the work but the Union of the plaintiff-bank objected to carry out the order. As a result, the work could not be star......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...

Category: Civil Law | Date: | Hits: 101

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

.... started. 3. Police investigation commenced during which police visited place of occurrence and held inquest on the dead body of deceased Shamim, prepared inquest report and sent the dead body for post‑mortem examination and report through escort by police to the morgue. During investigation al...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...

Category: Criminal Law | Date: | Hits: 34

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....pline and Appeal) Rules, 1985, hereinafter referred to Rules, 1985. The petitioner asserted that he was appointed as Thana Extension Officer vide appointment letter dated 07.02.1974 and he joined his post on 20.02.1974 and that by dint of his satisfactory service rendered he got promotions in due co......departmental proceeding was initiated alleging "misconduct and corruption" and on receipt of the show cause notice he replied thereto denying the charges and as per provision of the Rules, 1985 a two member Inquiry Board was formed but the inquiry was held violating the provisions of rule 10 of the ......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...

Category: Administrative Law | Date: | Hits: 192

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

....1 is a notice under section 106 of the Transfer of Property Act issued on 30‑7‑1995 disclosing termination of tenancy with effect from 31‑10‑1995 and the said notice was sent under registered post, the postal receipt of which is marked as Exhibit Ka. It appears from the Exhibit 1(kha) that t...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..

Category: Property Law | Date: | Hits: 28

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......on the same day he informed PW 1 Abdur Rashid Miah about the transfer of the case land. 15. It appears that PW 2 Mohiruddin is an illiterate cultivator and it is not possible for him to give and remember any specific date. He has stated that as and when he heard about the transfer then and there ......bmits that before his purchase, the transferor requested the pre‑emptor to purchase the land but he refused. The consideration money was paid to the transferor through Md. Fazlur Rahnian, the local Union Parishad Chairman. The pre‑emptor was in full knowledge regarding the transfer. After the pu......that before his purchase, the transferor requested the pre‑emptor to purchase the land but he refused. The consideration money was paid to the transferor through Md. Fazlur Rahnian, the local Union Parishad Chairman. The pre‑emptor was in full knowledge regarding the transfer. After the purchase..

Category: Property Law | Date: | Hits: 39

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....d. Abu Taher, PW 14 Jahirul Islam and PW 15 Md. Abdul Alim were tendered by the prosecution. The defence declined to cross-examine PWs 10, 13 and 15. 19. PW 11 Dr. Golam Mustafa Khan conducted the post-mortem examination on the dead body of deceased Abdul Halim Chairman. This witness has stated t...... This witness has admitted in cross-examination that accused Kashem and Pintu are his nephews. This witness has stated in cross-examination that he made a statement to the Magistrate but he did not remember whether he stated that accused Kashem stabbed the Chairman. 12. PW 3 Mosharraf Hossain Mem...... is that at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, plucked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Burichang. The eldest daughter of Abul Halim Chairman, Asina Akhtar Lipi, rebuked th......at at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, plucked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Burichang. The eldest daughter of Abul Halim Chairman, Asina Akhtar Lipi, rebuked them ove..

Category: Criminal Law | Date: | Hits: 39

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....34 of The Penal Code. 39. Chapter XVI of The Penal Code deals with offences affecting life. 40. Sections 299 to 304 fall within Chapter XVI. Section 299 deals with culpable homicide Section 300 postulates murder and it is stated that culpable homicide is murder, if the act by which the death i......regarded to manner, place and time of occurrence it was difficult on the part of prosecution to produce any ocular evidence evidencing the commission of murder of deceased Rokeya Begum. It is to be remembered that for a crime to be proved it is not necessary that crime must be seen to have been comm......m then left Shah Alam's house and came to her father's house. Accused Shah Alam, thereafter, took Rokeya Begum to his house on the assurance that she would not be tortured. 18. PW 4 Md. Ishaque, a Union Parishad Member, in his evidence made disclosure: Accused Khodeja Begum and Shah Alam used to ...... left Shah Alam's house and came to her father's house. Accused Shah Alam, thereafter, took Rokeya Begum to his house on the assurance that she would not be tortured. 18. PW 4 Md. Ishaque, a Union Parishad Member, in his evidence made disclosure: Accused Khodeja Begum and Shah Alam used to tortur..

Category: Criminal Law | Date: | Hits: 31

Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)

....hari to Rangamati Operation and Main­tenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted at Khagrachari Operation and Maintenance (O & M) section, in Khagrachari O & M Sub-Di......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...

Category: Employment/Service Law | Date: | Hits: 77

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....as also authorised to negotiate with the Government and other bodies to obtain approval from the competent authority to commence broadcasting which was stopped on 29‑8‑2002. Since taking over the post of chairman and chief executive officer of the company Mr. Abdus Salam has presided over the bo...... is of no legal effect." 10. In this writ petition it has been stated, inter alia, that the licence for, a terrestrial television was granted to the sponsor directors of the Company Mr. AS Mahmud, members of his family and Mr. Simon During who formed ETV originally, City International Finance Cor......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...

Category: Information Technology Law | Date: | Hits: 230

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

....tion of the order of injunction dated 8‑8‑2001. In the application, it is stated that on 9‑8‑2001 the plaintiff informed the officers-in-charge of Joydebpur police station and Hotapara police post in writing of the order of injunction. On 13‑8‑2001 the process server duly served the writ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..

Category: Property Law | Date: | Hits: 26

Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)

....nce, but the learned trial Court arrived at a decision on guess and surmise. He then submits that the cause of death of the deceased has not been proved in this case, as the doctor who allegedly held post‑mortem examination on the dead body of the deceased, was not examined nor the alleged post‑...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...

Category: Criminal Law | Date: | Hits: 28

Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)

.... introduced the story of unnatural death of the deceased on falling into pond at the time of bath. Thus, the suo moto first information report was lodged by police officer on receipt of report of the post‑mortem examination as well as holding investigation in UD case bearing No.16 of 1992 so lodge...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...

Category: Criminal Law | Date: | Hits: 88

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......an, 47 DLR (AD) 70; Municipal Committee, Bahawalpur vs. Sh, Azizi Elahi, 22 DLR (SC) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile ......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...

Category: Civil Law | Date: | Hits: 100

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....ng the termination of plaintiff's service as illegal and not binding on him and that the suit for declaration that he is still in service with the direction to allow him to continue in service in his post with all benefits, amounting to a mandatory injunction was not sustainable in law in view of th......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...

Category: Employment/Service Law | Date: | Hits: 95