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Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....fia Khatun a Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the Respondents to show cause as to why the Memo No. sha-10/shuko-73/79/293 dated 17.4.85 contained in Annexure 'G' should not be declared to have been made without lawful auth...... the office memo is illegal and without lawful authority. 11. Respondent No.1, Secretary, Ministry of Works, have filed an affidavit‑in‑opposition wherein is stated that Government took up the decision in 1983 to dispose of abandoned house permanently by way of sale in different terms to the ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
.... the State. Criminal Appeal No.7 of 1987 (Sylhet) and Criminal Appeal No.694 of 1990 (Dhaka). Judgment Muhammad Ansar Ali J.- This Criminal Appeal arises out of the judgment and order dated 30.12.1986 passed by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convi......er, it is submitted by the learned DAG that mere relationship cannot be ground to discredit or disbelieve a witness, if he is otherwise trustworthy. In support of his contention he has relied on some decisions reported in 21 DLR 575, 1968 Pak. SCMR 993 and PLD 7 Kar 438. 17. In the instant case P..Category: Criminal Law | Date: | Hits: 73
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....the Petitioner. Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1192 of 2011. (From the judgment and order dated 29.10.2009 passed by the High Court Division in Writ Petition No.5465 of 2007.) Judgment ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..Category: Employment/Service Law | Date: | Hits: 53
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....d by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the High Court Division in First Appeal No.104 of 1991.) Order Nazm......disbelieved the genuineness of the alleged bainapatra of the plaintiff. 9. The plaintiff-petitioner has filed this civil petition for leave to appeal on the main grounds that the observations and decisions of the appellate court have been erroneous, inasmuch as the appellate court did not reve..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... Mainur Reza Chowdhury J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents were asked to show cause why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made ......ontemplated under section 17(3)(b) of the Standing Orders Act. This conclusion was drawn by the labour Court by re‑assessing the evidence before the domestic tribunal. It has been held in series of decisions by this court and we agree with them that the labour court is not a Court of appeal and ca..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....e at the instance of accused Md. Dulal Mia being Criminal Appeal No.605 of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling,......t against all of them. So, they are all on die same footing and there should not be any discrimination in granting bail to some of the accused and refusing the same to the rest. He has relied on some decisions in this regard reported in 35 DLR (AD) 279, 1983 BCR (AD) 170 and 42 DLR (AD) 52. The prin..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....cellaneous Case No. 376 of 1991. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 498 of the Code of Criminal Procedure and is directed against an order dated 31.3.1991 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of ...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....cation filed under section 115 of the Code of Civil Procedure by the defendant No.1 Petitioner, this Rule was issued calling upon 60 opposite parties to show cause as to why the judgment & decree dated 20th March, 1982 passed by the Subordinate Judge, 2nd Court, Dhaka reversing the decision of t......itioner, this Rule was issued calling upon 60 opposite parties to show cause as to why the judgment & decree dated 20th March, 1982 passed by the Subordinate Judge, 2nd Court, Dhaka reversing the decision of the Munsif 4th Court, Munshiganj passed on 31.12.79 in Money Suit No.1 of 1979 should no..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....of the petitioner Halima Bibi a Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the Respondents to show cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declar......arded as abandoned properties, but the properties of those persons about whose purpose of staying abroad the Government has formed an adverse opinion, shall be deemed to be abandoned properties. This decision of the High Court Division was upheld by the Appellate Division which has been reported in ..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
.... and he was made permanent in that post on 8.12.80 in the scale of Tk. 225.00 to Tk. 325.00. Later on the said scale was changed and enhanced to Tk. 240.00‑345.00. 3. The true copy of the letter dated 8.12.80 issued by Respondent No.3 employing petitioner as permanent employee of the Government......ed above petitioner who filed appeal before the Respondent No.1 on 20.12.84 is still awaiting the result, of the appeal. It is not known why Respondent No.1 is shockingly slow in the matter of taking decision in the appeal. The petitioner having felt aggrieved and finding no other efficacious remedy..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ere elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete their 5 years terms in office from the date on which they entered upon their respective offices and they cannot be removed from office ot......nt was satisfied that the circumstances existed which rendered immediate action necessary to make and promulgate the impugned Ordinance. The matter was considered in the Cabinet meeting which took decision for repeal of the Ordinance. The impugned Ordinance is required to be placed before the n..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... section 6 or any other sections of the Admiralty Court Act, the plaintiff is entitled to institute such a suit under clause 26 of the Charter establishing the Supreme Court at Fort William in Bengal dated 66 March, 1774. Clause 26 of the said Charter of 1774 has given wide jurisdiction to this Cour...... suit instituted in its present form. 4. At the very outset, Mr. Aminur Rahman Yusuf (AR Yusuf) has read out before me section 135A of the Transfer of Property Act and with it he has referred to a decision reported in 16 DLR (SC) 61 (East and West Steamship Co. Vs. Queensland Insurance Co.) showi..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....nstructed by Md. Habibur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-37. Civil Petition for Leave to Appeal No.1529 of 2009. (From the judgment and order dated 19, 05.2009 passed by the High Court Division in Civil Revision No.1423 of 1999.) Judgment ......Ka and Ka (1) by forgery. The appellate Court also came to a finding that the defendants could not prove the alleged auction sale. 14. The High Court Division also concurred with the findings of decision of the appellate Court. Therefore, the findings and decision arrived at by the High Court D..Category: Property Law | Date: | Hits: 73
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....dhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007.) Judgment ......e demeanour of the witnesses-decreed the suit most illegally. The learned Advocate has argued that the revisional court also without going into the evidence on record and considering the findings and decisions of the trial court upheld that the judgment of the appellate court which cannot be susta..Category: Property Law | Date: | Hits: 74
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
.... No one ‑ For the Respondents. Writ Petition No. 447 of 1986. Judgment Qazi Shafiuddin J.-This Rule Nisi was issued calling upon the respondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been ......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....ur Rahman Assistant Attorney General with SB Barua, Advocate ‑For the State. Criminal Appeal No.117 of 1986. Judgment AKM Sadeque J.- This appeal is directed against the Judgment and order dated 24.4.86 passed by the Subordinate Judge and Special Tribunal No.1 convicting the accused‑app......by the accused‑appellant himself without requirement for search. The view that the fulfillment of the provision of section 103 of the Code of Criminal Procedure is not necessary is supported by the decision in the case of Kochi @ Jishan & ors. Vs. The State, reported in 8 BLD, 412 that since t..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
.... by each party. The Village Court on consideration of materials on record and after hearing both the parties decided the case in favour of the petitioner by a majority opinion four to one by an order dated 28.5.1985. 3. Against that order the petitioner and others filed Miscellaneous Case No.2 of......e ‑ For the Opposite Parties. Civil Revision No.131 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....od with Subrata Chowdhury, Pramila Biswas, Advocates— For the Opposite-Party. Civil Revision No. 3201 of 1998. Judgment Abdul Karim J.- This Rule is directed against the judgment and order dated 25-9-97 passed by the learned subordinate Judge, 1st Court, Chittagong in Arbitration Miscella......essary repair, rejoin or restore the work at his own cost, the award was without jurisdiction and a nullity and so the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in making the award a rule of court. In this connection Mr. ..Category: Alternative Dispute Resolution | Date: | Hits: 147