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Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

.... Scale of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation i......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his p......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....ould not be declared to have been passed erroneously without any lawful authority and to be of no legal effect. 2. Subsequent to the issuance of the Respondent No.1, Bangladesh Bank, respondent 2, Deputy Manager, Banking Control Department, Bangladesh Bank, filed affidavit‑in‑opposition annex......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8...

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic o......rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....on 25th November, 1990 calling upon the respondent No.1. Secretary, Ministry of Land, No.2, Member‑1, Land Appeal Board, Dhaka, No.3, Additional Commissioner, Dhaka Division, Dhaka, No.4 Additional Deputy Commissioner (Revenue), Madaripur and No.5, Nikhil Chandra Malo, Secretary, Kabirajpur Union ......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......tary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Petitioner. QA Hossain, Assistant Attorney General ‑ For the Respondent No.1. SS Halder with Shahed Alam, Advocates ‑ For the Respondent......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. Shah Azizur Rahman, Assistant Attorney-­General ‑ For the State. Criminal Revision No. 513 of 1990. Judgment Anwarul Haque ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ugh Court on 25.9.79 and thereby the petitioner became the absolute owner of the said holding. In the said suit the Secretary, Ministry of Works and the Government of Bangla­desh, represented by the Deputy Commissioner, Dhaka were added as defendants, but none contested the suit. The Government fil......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......ha, Ramna, Dhaka and others.................Respondents Judgment March 12, 1991. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2. Writ Petition No. 398 of 1989. Judgment Md. Abdul Jal......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....on ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the Respondent......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ...... exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the Respondent. Criminal......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....ved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑ General with Abdul Wadud Bhuiyan, Additional Attorney‑General and M Shamsul Alam, Deputy Attorney‑General ‑ For the State. Criminal Revision No.142 of 1991. Judgment ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ...... (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19. Lawyers Involved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑ General with Abdul Wadud Bhuiyan, Additional Attorney‑General and M Shamsul Alam, Deputy Attorneyâ......ith the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged information with the Officer‑in‑Charge, Cantonment Pol..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....posite Party No.1. Basharatul Mowla, Advocate ‑ For the State. Criminal Revision No.17 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and or......at he may have attained the age of sixteen yew during the period." "55. Detention of Child in place of safety.- (1) Any Probation Officer or Police Officer not below the rank of Assistant Sub‑Inspector or a person authorised by the Government in this behalf may take to a place of safety any ...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago accused Manik and others kidnapped hi..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......inistry of Health and Population Control aid others, 33 DLR (AD) page 201. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney ­General ‑For the Respondents. Writ Petition No. 366 of 1987. Judgment Md. Abdul Jalil J. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

....d in the High Court Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on–Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Cri...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......urt Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on–Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No....... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...............Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in ...... the Companies Act, 1913, for winding up the respondent No.1 M/s. Crescent Apparels (Private) Ltd. situated at H‑79, Block‑M (2nd and 3rd Floor), Banani Chairman Bari, International Airport Road, Police Station Gulshan, District‑Dhaka. 2. It is stated in the application that respondent No..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ...... for concealing the dead body the accused also dug out a grave. The accused Mokbul, a constable, and a friend and close neighbour of respondent No.1, instituted an unnatural death case with the local Police Station giving a false information that Meher committed suicide the police came to the spot a..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......t: MH Rahman J.- Respondent, Md. Fazlul Huq, was appointed as a clerk in the postal department of the Government in November, 1965, subsequently by an order dated 3.5.1972 he was asked to act as Inspector of Post Offices, (hereinafter in brief IPO), at Netrokona Subdivision. 2. The order d......3; Pakistan & mother Vs. Quazi Syed Hikmat Hussain PLD 1959 (SC) 107; 18 DLR (SC) 532; 17 DLR (SC) 63; 22 DLR (SC) 331; 36 DLR (AD) 26. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant Rafiqur Rahman, Senior A......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....f a single witness, PW 7, who did not corroborate three other witnesses, namely PWs 2, 3 and 4 who deposed to have recognised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney­ General, has taken us through the entire depositions recorded in this case and ......miscreants. 5. As appears clearly, the time, place and manner of occurrence is found to have been satisfactorily proved by P.Ws.2 to 4 and others, and there is also no dispute about it. P.W.12, Inspector of Police, deposed that he recovered the dead body of the Chairman and P.W.14, Assistant S......W 7, who did not corroborate three other witnesses, namely PWs 2, 3 and 4 who deposed to have recognised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney­ General, has taken us through the entire depositions recorded in this case and has contended that pa...... the night. The matter was reported to members of the Chairman's family immediately and on the following day a nephew of the Chainman (P.W.1 Monwar Hossain) lodged First Information Report at the Police Station naming these four accused as the assailants. In course of investigation by the Police..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....Suit No. 369 of 1983 for specific performance of contract in the Court of Subordinate Judge, 3rd Court, Dhaka against Irshad Selim and Akhtar Selim impleading the Secretary, Ministry of Works and the Deputy Commissioner, Dhaka as defendant Nos. 4 and 5 in the said suit. On several dates although def......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12....... the Government from the legal tenant Mr. KA Dewan of the vendors of the petitioner. The respondent No.1 contested this Rule by filing an affidavit‑in-­opposition. The learned Assistant Attorney‑General, on the other hand, submits that as the whereabouts of Mr. Selim the original owner and his ......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ngs cannot be split up by pick and choose to suit the pre-emptor's purpose causing inconvenience to the purchaser. It appears that the learned Single Judge referred to section 14(2) of the Bengal General Clauses Act, 1899 and observed that the word 'holding' appearing in the statute, nam......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......on 302 of the Penal Code by the Additional Sessions Judge, Second Court, Jessore on 9.6.1983 in Sessions Case No.22 of 1978. 2. On 16.10.1976 P.W.1 Md. Moyezuddin Ahmed lodged an information at Police Station Keshabpur, Jessore, alleging, inter alia, that in the night following 15.10.1976 Swar..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84