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Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....he should possess at the time when he exercises his option to visit them with punishment within his disciplinary jurisdiction over such member of the society. The provisions for according sanction is mandatory and the absence of proper sanction in cases coming under the section, renders the proceedi......ider that the initiation of the proceedings for misappropriation of the bank's fund at the instance of the informant is not legally maintainable. The teamed Advocate has taken us through the relevant provisions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies Act, 2001 ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......the allegation of the petitioner but did not pay the dues which shows that the respondent No.1 is a very dishonest Association and they have no right to continue as such. Mr. Nabi concentrates on the provisions of sub‑sections (v) and (vi) of section 241 of the Act, and submits that it is an extra..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......late Division and High Court Division respectively and since the salary of a Judge is determined under the provision of the Supreme Court Judges (Leave, Pension & Privileges) Ordinance, 1982, the provisions of the said Ordinance including section 20(2) of the said Ordinance is equally applicable..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......elter of the Court and filed one after another suits before the Civil Court. It is asserted by the respondents that the civil suits as well as the instant Rule is not maintainable as it is hit by the provisions of section 54(c) of the Electricity Act, 1910 as well as under section 22(3) of the Elect..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....A) that he had not given specific, not even by necessary implication denial of plaintiffs' case of pattan and possession of the suit lands and material allegations of the facts in the plaint which is mandatory under rule 3 of Order VIII of the Code of Civil Procedure and, as such, under rule 5 of th......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......or obtaining licence for possession of such arms. It has further been held in this case that Rules be insubordinate legislation made by the executive authority of the Government cannot override the provisions of the parent Act made by legislature and, as such, any Rule made in derogation of the pr..Category: Criminal Law | Date: | Hits: 78
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......y the petitioner company and another PSI Company, namely, 'Bureau Veritas Bangladesh Limited' in similar circumstances.
9. Mr. Mahmudul Islam, learned Senior Counsel, submitted that in view of the provisions of section 194 of the Act presenting an appeal against an order of penalty levied under t..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....al from service is presumed to be illegal. The reliefs needed by him will be a decree declaring the order of the dismissal from service illegal and that being not sufficient he will need a decree for mandatory injunction directing his employer to reinstate him to the post he was holding at the time ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... non-employment, the terms of employment or the conditions of work. (b) represent all or any of the workmen in any proceedings, (c) give notice of, and declare, a strike in accordance with the provisions of this Ordinance; and (d) nominate representatives of workmen on the Board of Trustee..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......y can allot further shares at par, below per or above par/at premium. The only question that may arise following transfer of shares is the question of capital gain or loss, as to be treated under the provisions of the Income Tax Ordinance, 1984. ACC has no authority nor any scope to raise question t..Category: Administrative Law | Date: | Hits: 173
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342....... if filed. He further submits that the House Rent Controller being a mere conduit pipe, he was required by law to allow the petitioner to deposit the monthly rent, if deposited in accordance with the provisions of Section 19(1) (a) of the Act, 1991. He in support of his submissions referred to the d..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......i to file this Application, has submitted that the Loan Agreement itself provides for recourse against the Borrower should there be a case of default made out against the Borrower in keeping with the provisions of Article 20 of the Loan Agreement and that "only after the Borrower being admitted (sic..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......e service of the contractual employees is governed by various Administrative Orders of BFCC and not by the Regulations of 1979 and such contractual appointments of the petitioners are against the provisions of the Bangladesh Biman Corporation Ordinance of 1977. The impugned Organization Order ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....or sanction for lodging the case against the accused petitioner and the so-called sanction letter issued by the Commission for submitting charge sheet was not in accordance with law and, as such, the mandatory provision of law has been violated in lodging the FIR or in starting the case against the ......-2007, while investigation of the case was still going on and before submission of the police report. After holding investigation police submitted charge sheet in the present case under the aforesaid provisions of law and thereafter cognizance was taken by the Metropolitan Senior Special Judge, Dhak..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......ven by de facto Mutwalli is challenged or if there is any dispute with regard to the entitlement of any person to the office of Mutwalli-ship Administrator has to see whether the dispute attracts the provisions of section 43 of the Ordinance. If the dispute is of such nature that section 43 is attra..Category: Trust/Waqf Law | Date: | Hits: 188
....as the Registrar did not comply with the order of the Labour Court, the said Trade Union instituted Other Suit No. 68 of 1988 in the Court of Assistant Judge, Second Court, Sadar, Chittagong for both mandatory and permanent injunction, with the prayers which are specifically stated in prayers. '......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......en exercises its jurisdiction under another law its power and function are to be exercised as given by that law unless provisions of criminal procedural laws are made applicable to that Court. No provisions for appeal or revision has been made against any order passed under section 26 of the Emp..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
.... be quite conscious about the above proposition of law and hence he has taken recourse to an 'alternative argument and submits that the Presiding Officer and the Returning Officer have violated the mandatory provision of rule 40 of the Union Parishad Election Rules, 1983 by not preparing the resul......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......use the expression Act has been defined to be the Drug Act of 1940. It is, therefore, seen that the provision of the Drugs Ordinance is only to supplement and are in addition to the Drugs Act but the provisions of the Drugs Ordinance, having spelt out things which are in conflict with the Drugs Act,..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... that the above provisions are aimed at assisting citizens to realize their rights, including the right to property guaranteed under the Constitution and those provisions and procedures are, as such, mandatory. 46. Referring to Article 11(1)(c) of Bangladesh Water and Power Development Boards Ord......sistance and objection have been severely undermined and instead, oppressive and deceitful measures had been adopted by the respondents. (e) The ‘FAP-20’ activities are contrary to the various provisions of law of the land and violative of the fundamental rights enumerated in Part-III of the ..Category: Environmental Law | Date: | Hits: 1051
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