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....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.......roper and it may, in appropriate cases, require, by such order, the reinstatement of the complainant thereof and such order shall be final.
Provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;
(e) no Court fee shall be payable for filing ......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...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....nsideration both materials on record and after hearing the learned Advocates of both the sides, I hold that as the sanction to prosecute the appellant is found to be no sanction in the eye of law the whole prosecution is found to be without jurisdiction and as such the order of conviction and senten......uffer imprisonment for a further period of 1 (one) month under section 5 (2) of Act II of 1974 and directed the sentence should run concurrently. It has also been ordered that for the misappropriated amount this appellant was fined Tk. 26,000.00 and for the realisation of the amount his movable and ......hose cash memos Abdul Hakim managed to withdraw a sum of Tk. 18,254.00. I have carefully gone through the records and it appears that none of the prosecution witnesses stated that this Alfaz got some money out of the aforesaid amount which appellant Abdul Hakim had allegedly withdrawn. There is abso..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. ......ion of Bainapatra from plaintiff and made over possession of the suit land in favour of plaintiff. Thereafter Manada Sundari died leaving son Anil Chandra Bhattacharja. Plaintiff tendered the balance amount to Manada Sundari's son Anil Chandra Bhattacharja who refused to accept the same and so plain......Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money to the tune of Tk. 300.00 on execution of Bainapatra from plaintiff and made over possession o..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......vision of section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and fro......iness and for management of his properties. The trust deed provided that after meeting the expenses of management and payment to the beneficiaries the trustees will create a Reserve fund with surplus money as per Article 17 of the trust deed. The trust property was not free from encumbrance and the ..Category: Fiscal/Taxation Law | Date: | Hits: 90
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. ......ment of salaries he kept with him Tk. 5,838.60. The Respondent‑Company was closed for 5 days from 27.9.82 to 1.10.82. After re‑opening it was detected that the petitioner did not deposit the said amount to the company and thereby committed misconduct. On detection of the same the petitioner was ......pondent 4, the Crescent Jute Mills Company Ltd. He was dismissed from service by the Respondent‑company on the allegations, inter alia, that prior to Eid‑ul‑Azha holiday the petitioner received money from the company for disbursement to its employees and staffs. But after payment of salaries h..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ...... through the facts of the case. 3. The plaintiff alleged that the notice inviting tender was illegal and it was not widely circulated, that the suit Hat cannot be leased out by auction sale for an amount not less than Tk. 20,00,000.00. He further alleged that he was prevented by armed Mastans fro......ld on 11.4.91, being the highest bidder for Tk. 9,05,000.00 and the bid was accepted by the Upazila Parishad on 22.4.91. The appellant paid Tk. 2,40,000.00 on the date of bid and he deposited balance money of Tk. 6,66,000.00 on 22.4.91 and he was put in possession of the Bazar on that day. The appel..Category: Civil Law | Date: | Hits: 74
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....stration Act. Section 28 of Registration Act speaks that document which affects immovable property shall be presented for registration in the office of Sub‑Registrar within whose sub‑district the whole or some portion of the property to which such documents relate is situated. In the instant cas...... 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. ......that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali vide Ext. ‘A’ is inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted upon and that Roushan Ali continued to..Category: Property Law | Date: | Hits: 91
....on and that the Court cannot enquire into the existence of emergency or the propriety of the action taken by the Vice‑Chancellor without reference to the Executive Council. In the present case, the whole question relating to the appointment of the petitioner as professor on probation in view of th......sor the difference in salaries earned by him with affect from 18.6.91 as Professor of Computer Science and Engineering on 30th June, 1991 (Annexure D) and the petitioner on receipt of the said cheque amounting to Tk. 64.94 deposited the same in his account of the BUET Branch of the Sonali Bank on 6.......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.
..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ny special contract, payment for performance of any act is not due to the agent until the completion of such act; but an agent may detain moneys received by him on account of goods sold, although the whole of the goods consigned to him for sate may not have been sold, or although the sale may not be......t the judgment and order dated 6th June, 2000 of the High Court Division in Writ Petition No.4136 of 1998, by which, the High Court Division directed the appellants to pay in Bangladesh currency an amount equivalent to US$ 28250 to the writ petitioner as commission. 2. Leave was granted to con......d. 9. Section 219 clearly provides that in the absence of any special contract, payment for performance of any act is not due to the agent until the completion of such act; but an agent may detain moneys received by him on account of goods sold, although the whole of the goods consigned to him fo..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......er dated 13-8-2001 issued by present petitioner No.1 rejecting his appeal as illegal, void and of no legal effect and also for further direction upon the present petitioners not to recover the said amount from him. Subsequently, the case was re-numbered as Administrative Tribunal Case No.106 of 20......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
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. ......ing to release the properties as the petitioner No.1 has other liabilities with the bank but he could not produce any paper in support thereof from the bank. 5. As regards non‑payment of balance amount of Tk. 4,15,000.00 the respondent No.1 had given a vague reply that the money would be availa......ayment of Taka ten lacs would be made within 30.7.86 as it was fixed in previous agreement. It is further stated that the petitioners fulfilled all terms of the aforesaid agreement. They withdrew the money suits filed against the respondent No.1 and duly transferred their shares in favour of the res..Category: Company Law | Date: | Hits: 159
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......pany Defendant No.1 sanctioned loan of TK. 7,14,000.00 and TK.1,75,000.00 on 28-12-1970 as per prayer of plaintiff No. 1 for establishing an automatic brick factory. Defendant No.1 sanctioned further amount of loan in favour of plaintiff No.1 on several occasions. Plaintiff No.1 mortgaged all its ......veral occasions. Plaintiff No.1 mortgaged all its movable and immovable properties in favour of defendant No.1 as security against the repayment of the loan. Plaintiff No.1 failed to repay the loan money, as a result defendant No.1 attached all the mortgaged properties of plaintiff No.1 through Co..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... the High Court Division are that the accused Md. Nazir Ahmed used to live in the house of the informant as tenant. The accused along with his wife Mrs. Tahmina Akhter requested the informant to give money for the business of importing powder milk but the informant did not agree to pay the money. ..Category: Criminal Law | Date: | Hits: 89
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. ......s of Insurance Policy the proforma defendant repairing costs and compensation of the injured vessel. Thereafter the plaintiff namely, the insurer filed this present suit for a decree of the aforesaid amount together with compensation at the rate of 12% per annum till realisation of decretal amount a......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ty Act and for a declaration that the plaintiff is entitled to maintain possession and that his possession is protected under section 53A of the Transfer of Property Act and now, by dispossession the whole suit could become infructuous. Government from nowhere came in to the picture and very serious......chase the same and submitted quotation in April, 1981. The said quotation was opened on 14.5.81 and the plaintiff was informed vide letter dated 21.5.81 by the Jute Trading Corporation that his offer amounting to Taka 2,65,000/- for the purchase of the schedule property in the suit, he being the hig......ter from the Secretary stating that the Government had been pleased to accept the offer and accordingly the ownership of the property concerned is transferred in favour of the plaintiff as the tender money is received in full and he was asked to submit a draft deed of conveyance for formal registrat..Category: Property Law | Date: | Hits: 389
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......o "Dainik Janakantha" on 16.02.1999 and the rest 4.3 kathas was kept reserved for entrance. That the possession of the said allotted land was duly handed over to the lessee upon receiving the lease money. In the review application it was further asserted that the letter dated 12.01.1992 was issued..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......d to produce any kabala and never pointed out the existence of patta dated 10.05.1913. That at the time of R.S. operation the predecessor of the defendant Nos.1-4 Abdul Ali went to Rengun for earning money and he entrusted his brohter-in-law Ali Hossain-the predecessors of the plaintiffs to get th..Category: Property Law | Date: | Hits: 77
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......d and also by applying force got a white paper signed from them with the writing to the effect "১৬,৬০,০০০/ -টাকা বুঝিয়া পাইলাম” though they received no money from the defendants. The defendants demolished the one storied building and the shop rooms s..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......t and adequate number of candidates are found fit, the successful candidates acquired an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection the......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......hey illegally occupied the office and sales centre of the said Federation from 4.10.92 to 29.10.92 and received Tk. 1,00,234.00 as sales proceeds from the said sales centre and without depositing the money in bank misused the same. An ex‑Chairperson of KARIKA Mrs. Chamon Ara Begum filed a dispute ..Category: Others | Date: | Hits: 136
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