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AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

.... this Court on 8.8.1989 calling upon the Deputy Commissioner, Khulna to show cause as to why the Special Case No.161 of 1984 arising out of GR Case No.171 of 1978 and Magura Police Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 no......s since been satisfied about its dues. The copy of the letter addressed by the Deputy General Manager, Bangladesh Krishi Bank local principal office to the higher authority of the bank containing the decision of the departmental proceedings, has been annexed with the supplementary affidavit and mark..

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

....ate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be...... deed of exchange or sale document and that exchange not being pre‑emptable the pre‑emption case was not maintainable. The learned Assistant Judge by his impugned order dated 30.8.90 deferred the decision on both the points till final hearing of the pre‑emption case. So far point No.1 is conce..

Category: Property Law | Date: | Hits: 89

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....pplication for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated 13.4.88. The petitioner who is the purchaser took an appeal there from to the learned District......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..

Category: Procedural Law | Date: | Hits: 72

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....Chairman of No.5 Banail Union Parishad before respondent No.4 Returning Officer and Upazila Education Officer, Upazila Mirzapur, District Tangail. 3. It appears from the election schedule that the date for submission of nomination papers to the Returning Officer was fixed by the Election Commissi......ny specified bank within time allowed by the Bank therefore. As there is no ambiguity in the words, the provision of section 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398 Alderson B. obs..

Category: Election Law | Date: | Hits: 128

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....vocate ‑ For Respondent Nos.1‑4 Appeal from Original Decree No. 9 of 1986. Judgment Md. Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and decree dated 24.11.85 passed by the learned Subordinate Judge and Commercial Court No.1 Dhaka in Tide Suit ......e of the Bank an enquiry was held; that the appellant was given all opportunities to defend himself; that the Bank authority upon consideration of the enquiry report dismissed the plaintiff; that the decision of the Bank was lawful and was made by the competent authority; that the dismissal order wa..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....nstitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made witho......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....115 (1) of the Code of Civil Procedure (the Code) has been issued at the instance of the Defendant-Appellant calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 03.09.2006 of the Additional District Judge, 1st Court, Khulna passed in Title Appeal No.177 o......plaintiff is in occupation of the suit property. Accordingly, he submits that in passing the impugned judgment and decree the courts below have committed no error of law resulting in any error in the decisions occasioning failure of justice. He therefore prayed for discharging in the rule. The learn..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....nder law. 3. The illegal activities of the respondent No.5 had also attracted the attention of the media and press and accordingly national daily “Prothom Alo” published a report in its issue dated 22.06.2008 and 04.8. 2009 and another national daily the “Samokal” published its report in......he second category. A proceeding of contempt of Court is a quasi-criminal proceeding and the case of each contemner has to be considered separately on the basis of materials on record. 14. In the decision of Moazzam Husain Vs. The State reported in 35 DLR (AD) 290 Justice Shahabuddin Ahmed made ..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....Chairman of the Bangladesh Energy Regulatory Commission (BERC) under Memo No. বিজাখস(প্র-৩)/বা এরেক/নিয়োগ(চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 issued by the Ministry of Power, Energy and Mineral Resources (Annexure-'D') and wh......a-075/5696 dated 4-12-2008 to Dr.Tureen Afroze purportedly appointing her as a Counsel therefore, but she never accepted any brief, remuneration and emolument therefrom. So the question of taking any decision of relieving her of the alleged duties to the BERC did not arise at all. The petitioner has..

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....man J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tribunal (copy of whic......ohammad Habibur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tri..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....ner New Eastern Trading Corporation Limited represented by its Managing Director, from service in its factory at Kanchpur, PS Sonargaon, District Narayangonj) to show cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IR......oved by the petitioner New Eastern Trading Corporation Limited represented by its Managing Director, from service in its factory at Kanchpur, PS Sonargaon, District Narayangonj) to show cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....eals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant Sessions Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge under s......oncerned authority was approached for according sanction. They are very much silent in this respect. The learned Advocate for appellant Abdul Hakim in support of his contention placed reliance on the decision reported in 1962 PLD Dhaka 623 (Abdul Awal Vs. The State) where it has been held that the o..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

.... of his wife Manada Sundari for his own interest and benefit and accordingly he had been in possession thereof and consequently defendant purchased the suit land from Nagendra by registered sale deed dated 16.2.62 vide Ext.'A' and by virtue of this purchase defendant acquired valid right, title and ......rocedure. Therefore, when there is no misreading of evidence or ignoring of evidence and the conclusions are based on corroborated evidence, the appraisal of evidence is not shown to be wrong and the decision is not based on mere surmises or conjectures, the finding of fact of the lower court cannot..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....ticle 17 of the trust deed. The trust property was not free from encumbrance and the trustees were directed to make monthly payment of Tk. 12,500.00 from the income of the property fill debt was liquidated. The Accountant Member on a detailed discussion of the contentions raised by both the assessee......cation No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax A..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

.... Abdur Rashid, Advocates ‑ For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 423 of 1984 Judgment AM Mahmudur Rahman J.- This Rule is directed against an order dated 2.6.1984 of the Munsif Fulbaria Upazila rejecting an application filed under section 10 CPC by......rties by the impugned order rejected the application giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have filled applicat..

Category: Property Law | Date: | Hits: 68

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....nts and some other proforma defendants for declaration in respect of some properties situated in Khulna town. Defendant Sharnsuddin Ahmed filed a written statement and was contesting the suit. On the date of peremptory hearing, that is, on 7.4.82 the defendant was ready but the plaintiff was absent ......resented through his attorney Nazmul Huda. "On 31.12.87, however Nazmul Huda submitted a death certificate showing that Jagannath Banerjee died on 16.11.83 in India. Ultimately the matter came up for decision before the trial Court which on hearing all concerned passed the impugned order on 6.1.88 a..

Category: Procedural Law | Date: | Hits: 77

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....cle 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Building Dhaka, under Memo No.Shiksha/III/90/551 dated 28.8.90 whereby he suspended the petitioner who was acting as the Assistant Headmaster of Utta...... As such, it appears that the Respondent No.1 who happened to be the Chairman of the Managing Committee was not competent to place the petitioner who was a teacher of the school, under suspension. No decision in the form of resolution or otherwise could be produced by the learned Assistant Attorney ..

Category: Employment/Service Law | Date: | Hits: 59

Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)

.... Advocates - For the Respondents. Appeal from Original Order No.539 of 1991 with Civil Revision No. 105 (FM) of 1991. Judgment Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.......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. ..

Category: Civil Law | Date: | Hits: 74

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....Judgment Syed Fazle Ahmed J.- This Second Appeal is directed against the judgment and decree passed by Additional District Judge, 3rd Court, Dhaka in Title Appeal No.325 of 1963 affirming those of dated 31st July, 1963 passed by Subordinate Judge, 4th Court, Dhaka in Title Suit No.31 of 1960. ...... gondas 2 krants 2/3rd danties covering 3.07 acres of land and other defendants were also allotted sahm in respect of the land lying in their possession. 7. Being aggrieved and dissatisfied by the decision of the trial Court appeal was preferred by the defendant appellant Ares Ali before the Dist..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... 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. ......tle and interest in favour of the transferees and that plaintiff continued to remain in possession thereon. On the basis of this finding the trial Court decreed the suit. 6. Being aggrieved by the decision, defendant Nos.1‑6 preferred appeal before the District Judge, Faridpur, and the appeal w..

Category: Property Law | Date: | Hits: 91