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Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....st place. The Labour Court had no jurisdiction to entertain such grievance petition and, as such, the impugned judgment dated 7‑1‑1999 passed by the Labour Court, respondent No. 1, was not only illegal but was also without jurisdiction. 11. Mr. Khalilur Rahman, the learned Advocate for the p...... 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...Category: Labour and Industrial Law | Date: | Hits: 152
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....rney and at the trial finger print specialist of CID Mrs. Setara Begum was examined as DW-2, who proved her report as "Exhibit-Ga" but the trial Court below without assigning any cogent reason most illegally discarded the consistent evidences of DW-1, DW-2 and DW-3 including the opinion of hand writ...... of 3rd Subordinate Judge, Dhaka for Temporary injunction restraining the plaintiff Bank and the beneficiary-Bangladesh Biman, from encashing the Bank Guarantee dated 28.2.81 and obtained an order of status quo with regard to encashment of the Bank Guarantee; that ultimately the aforesaid order of s..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....er the petitioner was a defaulter or not, a subject matter to be decided in a regular suit for ejectment if instituted by the opposite parties. He also submits that the House Rent Controller is under legal obligation to permit the petitioner to deposit the monthly rent if he deposits in terms of sec......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...Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....ipal loan amount together with the overdue and default interests then outstanding. In light of the Opposite Party's protracted silence to favorably respond to the demand made, the Petitioner caused a legal notice dated 7.12.2009 to be served upon the Opposite Party reiterating its abovementioned cla......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ion who were transÂferred from the Cabin Facilities Department to the newly-established BFCC and the newly-recruited employees of BFCC should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to reguÂlarize the service of the petit......erences in respect of service benefits between the two classes of employees have been considerably narrowed down; but none the less, it cannot be held that the contractual employees have acquired the status of permanent employees necessitating their absorption in the service of Biman. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....e. Which the concerned authority of the Government approved. Under such circumstances, all the accused persons in conÂnivance with each other and with intention of gainÂing pecuniary advantage by illegal means collected highly confidential information and data of Chhatak gas field and other gas fi......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....ents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawÂful authority and of no legal effect and why the petiÂtioner should not be declared as Chairman of the said Union Parishad ......e, if any, for vindication of his right, if so adÂvised. 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)
....Drugs Act was ought to have been considered by the Court below. It is further alleged by the learned Advocate that non-observance of the procedures as prescribed by the Drugs Act would result in an illegality making the whole proceeding a nullity and not a mere irregulariÂty as found by the Court b......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. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... to show cause as to why all the activities and implementation of ‘FAP-20’, undertaken in the District of Tangail should not be declared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this Court may seem fit and prop......created under the authority of Bangladesh Water and Power Development Boards Order, 1972, nor created in the exercise of any authority of any law of the land and ‘FPCO’ got no authority and legal status to plan, design and undertake any project falling within the domain of ‘BWDB’ and other s..Category: Environmental Law | Date: | Hits: 1051
....spondent No.1 to show cause as to why impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materia......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
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Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....s to why the impugned Circular under Memo No.70-Bichar-7-2N/84/85 dated 6-3-96(Annexure-C) issued by the respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect. 4. The Rule was issued in Writ Petition No. 891 of 1996 calling upon the respondent......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....unt of which cross cause was subsequently filed. 30. Further cross cause and the application under section 34 of the Admiralty Court Act though filed belatedly it has not in any way prejudiced any legal right that can be said to have accrued to the plaintiff of the principal cause. And if no such......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....ing in a suit and as such has full power under section 153 of the Code of Civil Procedure to direct an amendment of the memorandum of appeal. He further argued that having regard to the fact that the legal heirs of deceased Abdul Hashim were brought on record in trial Court in time but owing to an i......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....property was mortgaged. 6. Heard Mr. Alaluddin and Mr. MA Azim Khair, learned Advocate respectively for the petitioner and the plaintiff Bank. 7. Learned Subordinate Judge is wrong. There is no legal bar in selling a mortgaged property. The purchaser thereof shall be its owner with the encumbr......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ..Category: Procedural Law | Date: | Hits: 67
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....dvocate‑For the Petitioner. None Appears‑For the Respondents. Writ Petition No.1684 of 1995. Judgment Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner M Mohsin Hossain legality of the notice dated 22‑7‑95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspect...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..Category: Criminal Law | Date: | Hits: 60
....Khulna District’ serial No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned ca......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
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Category: Limitation Law | Date: | Hits: 175
....how cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition, supplementary af......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
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Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....etitioner that the instant proceeding under section 295A was not lodged by an order of any Government or some officers empowered by the Government in this behalf. He has submitted that this being the legal position, the petitioner should not be proceeded against upon a petition of complaint by the O......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....Pre‑deceased his father, Rajani Kanta, the owner of the suit property and whether the vesting of 1/5th of the property to Enemy Custodian and the grant of lease of that share to the petitioner were legal or not. Furthermore, that matter arose out of an order passed by the learned District Judge un......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....tly, he submitted statement of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally acquired a piece of land measuring 7.50 khatas appertaining to plot No. 242, Block-B in Basu......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
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