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Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ...... the second show cause notice to the petitioner and the previous record of the petitioner having not been taken into consideration before awarding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cas..

Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2

South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)

....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226     ......n in Chapter 13 spoke under the heading of "Salvage and wreck" "One who saves, or helps in saving a vessel to which he is a stranger from danger at sea, is entitled to a reward for his services; and if he has obtained possession of the vessel, he may retain possession until he has bee..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

...., the respondent acted illegally in publishing the case holding in the 'ka' list of the abandoned building under the provisions of section 5(1) of the Bangladesh Abandoned Building (Supplementary Provisions) Ordinance, 1985 (Ordinance No.LIV of 1985) and as such the very listing of...... he was served with the notice dated 8.2.86 issued by the respondent No.1, Ministry of Works to surrender possession of the case holding or to show cause against such surrender within 7 days from the service thereof treating the same as an abandoned property. Respondent No.1 published the case holdi..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)

....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279     ......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279     ..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ......this Miscellaneous Appeal are as follows: The plaintiff-appellant is a private limited company incorporated under the Companies Act, 1913 and has been carrying on the business of river transport services in this country. The defendant No.1 Bangladesh Inland Water Transport Authority (BIWTA) her..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 29   ......d by the Government, of whom two shall be persons who are or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported ..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212   ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212   ..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

....dgment and order of the Court of Settlement dated 8.9.87 passed in Case No. 250 of 1987 dismissing the case. 2. This case was filed by the petitioners under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) against the respondent No. 2 B......r or the Sub-­Divisional Magistrate, or the authorised officer shall serve a notice on him in the prescribed manner requiring him to surrender possession of the property, within seven days of the service of the notice, to the person mentioned in the notice or to show cause against such surrender..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14

Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)

....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ......f 1990. Judgment Mohammad Gholam Rabbani J.—By this application under Article 102 of the Constitution the petitioner challenges the correctness of the orders dismissing him twice from service. 2. Petitioner's case is that he is an officer under Bangladesh Power Development B..

Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 426     ......overnment employees are being paid superannuation pension by the government and this pension to the retired employees is not a bounty paid by the State but is an essential term and condition of their service and is paid on consideration of the obligation of the State not to leave its employees who r..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399   ......Mirpur Cantonment, Mirpur, on 18.12.86 when she was only 19 years of age. It is the case of the petitioner that after her marriage she mostly stayed with her parents while respondent being in defence service was transferred to various parts of the country and thus the petitioner No. 2 never had a ma..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4

Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......een impugned. 3. The petitioner Shamsun Nahar Awal was the founder Head Mistress of the Mohammadpur Girls' High School which was established in 1972. She appears to have rendered meritorious service initially for which she was awarded gold medal and title "Best Head Mistress" in 1..

Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....d 6.3.1963. It is stated that the report to that effect was lying with the relevant record of the Govt. While the matter was pending before the Govt. in the Ministry of Works, the Abandoned Building (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) came into force. providing the ......not be declared to have been passed without lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: The petitioner is a national of Bangladesh and is in the service of Bangladesh Jute Mills Corporation. He migrated from India in 1947 for permanent settlemen..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

.... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ...... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....of the case we hold that the Rule cannot be sustained. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 46. ......sociation known as Bangladesh Registration Tax Collecting Karmachari Samity with its office at Sutrapur (Joykali Mandir), Dhaka to look after their welfare and to agitate their legitimate demands and service benefit to the concerned authorities. The petitioner No.1 is the elected president and petit..

Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......ficial capacity. Whether the provision is mandatory or not, one has to look into its language, which is one of absolute prohibition. It is true that there is no consequential provision for non‑service of the notice. But when the language of the section absolutely prohibits institution of the ..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ......992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expre..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......arned Advocate for the appellants on the question of the non‑production of the original FIR. Admittedly, the original FIR was lodged by one AK Ghose of DAB who has since retired from the Government service. The original FIR, it appears from the perusal of the record, has been lost and the prosecut..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ......titioners of the applica­tion for permission of such sale. But the above points, of law and facts could not be raised and canvassed by the defendant‑petitioners before the court below for non‑service of the notice and consequently the defendants‑petitioners could not appear and have been s..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......ras High Court in Bishambar Dayal also observed that expression "perquisite" signifies Some additional benefit in addition to the amount that may  be legally due by way of contract for services rendered (Emphasis added). 4. Mr. Mozammel Hoque Bhuiyan, the learned counsel for the ..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8