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Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....further submits that as the petitioner has large number of family members including the minor children he ought to be reinstated to his own post. The argument although is appealing but in exercise of power under Article 102 we are not authorised to declare the impugned order as made without lawful a......Wahab, Advocate ‑ For the Petitioner. Tufailur Rahman, Advocate ‑ For the Respondents. Writ Petition No.22 of 1987. Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawfu......g of the Domestic Tribunal is vitiated by procedural defect. This is not present here in this case. In view of the nature of the order impugned we do not find any merit in this rule and we are not called upon to declare that the order passed by the Labour Court is without lawful authority and is ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....akness of his case and fill up the omissions. The discretion of the Court should not be used in favour of the plaintiff who was not diligent in getting the evidence filed although he could do so. The power under Order 41 rule 27 CPC is intended to be exercised when the Court considers itself unable ......Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to the usual share inhe...... disputed property in equal share and that decree passed by the Additional District Judge, 3rd Court in Title Appeal No.325 of 1963 is based on proper appreciation of evidence and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....ing the suit land. The learned Advocate further submitted that the Ist appellate Court rightly held that no fraud was practised under Registration Act inasmuch as section 28 (2) of Registration Act empowers the registration authority to register a deed of land lying in different jurisdictions and th...... Syed Fazle Ahmed J Anwar Hossain and others.................. Appellants Vs. Abul Hossain Molla and others …………………..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Ch......setting aside the judgment and decree passed by the trial Court. 10. I have been taken through the judgment pronounced by the Courts below as well as other materials on record. The only point that calls for determination in this Second Appeal is whether sale deed Ext. 2 is a bona fide document fo...... 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. ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....he face of record and as such the impugned judgment and decree must be set aside. 6. Mr. JN Dev, the learned Advocate for the plaintiff opposite parties, has raised a question as to the revisional powers of this Court vis‑a‑vis the powers of this Court under the unrepealed section 100 CPC. It......on) Present: Qazi Shafiuddin J Bangladesh .... ........................Petitioner Vs. Md. Aslam and others ............ Opposite Parties Judgment July 27, 1989. Cases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashi......or the Petitioner. JN Dev with Nazrul Islam Chowdhury and DJ Syam, Advocates ‑ For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the opposite party Nos.1‑9 to show cause why the judgment and decree dated 28.2.1981 ...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....he impugned order suffers from no error of law. 10. The only further question which has argued is whether it was permissible for the executing Court to entertain the application in exercise of its power under section 151 of the Code. Precisely, this question was also agitated in the case of Saleh...... Haroon and another .............................Petitioners Vs. Mst. Sufia Khatun and another ...........................Opposite Parties Judgment November 13, 1990. Cases Referred to- Usha Jain and others Vs. Manmohan Bajaj and others, AIR 1980 MP 146; Ramgulam Vs. Mahendra Ku...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
.... a Professor and has also received the salary by rendering his service as a Professor, the order of appointment of the petitioner as Professor has been given full effect and it did not lie within the power of respondents to suspend the operation of the order of appointment in the manner as done by t......f Engineering and TechnoÂlogy, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and anothe......dents.
Writ Petition No.1233 of 1991.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued on 14th July, 1991 at the instance of petitioner Dr. Syed Mahbubur Rahman, Ph.D calling upon the respondent No.1, Bangladesh University of Engineering and Technology, Dhaka (herein......be made and, therefore, the petitioner applied for the said post giving his particulars. Although the first Selection Board did not recommend his name, but thereafter the Selection Board held several meetings covering a period of almost three years and ultimately in its meeting held on 17.6.1991 (pr..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inter alia, that he along with a contingent of high powered RAB-1 officials having received information, that there were a lot of Yaba tablets, phensydi........Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record-For the Appellant (In both Appeals). A...... supporting the impugned judgment, has submitted that the High Court Division correctly interpreted section 39 of the Act, 1990 and quashed the impugned proceedÂings and, as such, no interference is called for by this Court and prays for dismissal of the appeals. 10. In view of the leave grantin......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....to be enforced in writ jurisdiction arises out of statutory duty or sovereign obliÂgation or public function of a public authority; (c) Where contract is entered into in exerÂcise of an enacting power conferred by a statute that by itself does not render the contract a statutory contract, but â......erred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud B......hich states that an 'agent' is a person employed to do any act for anothÂer or to represent another in dealings with third perÂson. The person for whom such act is done, or who is so represented is called the 'principal'. The authority of the agent is a derivative authority. In a simple contract a...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e impugned order rejected the application on the ground that the same was filed out of time by 7 days. The Appellate Tribunal furÂther observed that the appeal being under special statute, it had no power to condone the delay; hence, this petition for leave to appeal. 5. Heard Mr. Korunamoy Chak......ther..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad ...... petitioners filed Appeal No. 43 of 2005 before the Administrative Appellate TribuÂnal, Dhaka. The appeal was dismissed for default on 19-1-2001 as none appeared for the appellants when the same was called on for hearing. The petitioners filed an application before the Administrative Appellate Trib......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....herefore, that the jurisdiction exists." It is further held that: "But the Joint Stock Companies Act 1857 section 9, greatly increased the effect of the earlier enactment, for it expressly gave power to decide questions of title arising between two or more alleged holders of shares." It is ......esent: Mozammel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Di......No.1 and his nominee also held 23,760 shares in the said company. The petitioner No.1 (Mohiuddin Ahmed) was the first Chairman of the Board of Directors of the company, and its subsidiary company was called M/s. Monospool Paper Products Ltd. having its registered office at Dhaka with 1020 shares wor......affidavit in‑opposition the respondent Nos.1 and 2 have annexed the photo copies of the instruments of transfer and the shares certificates vide Annexures 1‑96. 8. A copy of the minutes of the meeting of the Board of Directors held on 11th August, 1985 is also annexed as Annexure‑37 which s..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....tution, being discriminatory, inasmuch as, in the absence of any guiding principle as to the procedure to be followed in revoking or cancelling the passport there is every possibility of misusing the power by the authority concerned. According to Mr. Huq the passport authority has, in fact, misused ......oner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government of Pakistan and another Vs. Dada Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs.......s. Hosne Ara Ahsan, Assistant Attorney‑General ‑ For the Respondent No.1. Writ Petition No.196 of 1989. Judgment Mohammad Abdur Rouf J.- The petitioner on 19.2.89 obtained this Rule Nisi calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia Internation......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....the impugned order of the learned Munsif directing detention of defendant No. 2 to civil prison is not sustainable in law. Moreover, the circumstances of the case do not warrant an exercise of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impu......ury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Referred to- Secretary of State Vs. Mask, AIR 1940 PC 105. Lawyer Involved: S A M Mahbub Elahi, Adv...... Centre in the first half on 23.3.81 and duly submitted his answer script in chemistry paper to the invigilator on duty 3 or 4 minutes before the last bell, that at about 4‑00 PM on that day he was called for by the examination centre authority and informed that his examination script on Chemistry...... certain examinees of the agricultural group found the same in a locked up room with a broken window glass pane, that on receipt of the said script the Examination Centre Committee sat in an emergent meeting in the evening on the same day and after making enquiries was satisfied that the plaintiff w..Category: Civil Law | Date: | Hits: 84
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....mpensation at the rate of 12% per annum till realisation of decretal amount against the defendant Nos.1, 2 and 3. 4. The defendant No.3 itself and on behalf of the defendant Nos.1 and 2 has filed power and written statement contending, inter alia, that the defendant No.3 is not in any way liable......ocate ‑ For the Defendants. Admiralty Suit No. 8 of 1982 Judgment Md. Mozammel Hoque J.- The plaintiff has instituted this suit on the allegations, inter alia, that the plaintiff is a statutory corporation carrying on business in general insurance of all kinds excepting life insurance thr......vant portion at page 32 of this book which is as follows: "The Court of Appeal affirmed the decision of Bucknill J. Greer LJ stated five rules : "I think the law arising out of what is usually called the Davies V. Mann principle may be stated as follows: (i) If, as I think was the case in ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... any complaint which has been dismissed under section 203 or sub‑section (3) of section 204". It is apparent that under the provisions of said section 436 the Sessions Judge has been expressly empowered to direct a District Magistrate or any Subordinate Magistrate to himself make further inquir......Ahmed and others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....respassers, they having no right, title and interest in the property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take kha......t…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hanna......ndency of the suit and to restore the possession as it was before. 21. An order of mandatory injunction is passed generally in extreme cases when the balance of convenience and inconvenience could call for it and when otherwise it would cause irreparable loss and injury to the person asking for t......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....5 are as follows: "(1) there shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that nothing in this clause shall prevent Parliament from delega......others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Inv......ha‑5), Manirul Haque Chowdhury (MP from NA -265, Comilla‑9) and Kazi Md. Anwar Hossain (MP from NA-286, Brahmanbaria‑5) moved this application on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show cause why the impugned Gazette ......clause (3) the following shall be substituted, namely‑ (3) Until the dissolution of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the Parliament in existence at the time of commencement of the ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....f the Government, was absconding and/or concealing himself so that the said order of detention passed against him cannot be executed, the Government in the Ministry of Home Affairs in exercise of its power under section 7(b) of the Special Powers Act made the following notification on January 23, 19...... Union of India and others Vs. Haji Mastan Mirza, AIR 1984 (SC) 681; Moazzem Hossain Chowdhury Vs. Bangladesh and others, 43 DLR 186; Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahor...... the Parliament. 2. In Writ Petition No.767 of 1991 at the instance of Anisul Islam Mahmood (a former Minister for Foreign Affairs of the Government of Bangladesh) Rule Nisi was issued on 9.7.1991 calling upon the respondents, Secretary, Ministry of Home Affairs, Government of Bangladesh and the ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
.....01 at Mollahar Hat College field and also took decision to kill Sk. Helal Uddin if necessary. At about 5.30 P.M. Mr. Sk. Helal Uddin came in the Public meeting by a car and moved to stage and that a powerful bomb was blast near the Gate of the College and for which persons about 20/25 public fall i......…………………………………………….Opposite party Judgment March 13, 2011. Lawyers Involved: SM Shafiqul Islam, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous No. 28936 of 2010. Judgment ......dvocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous No. 28936 of 2010. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the accused petitioners should not be enlarg......in short, inter alia, is that on 24.9.2001 one Ziaul Islam Panna lodged an FIR with the Mollahar Hat police Station alleging inter alia that FIR named all accused persons on 21.9.01 arranged a secret meeting in the house of Badhsa Sikder the President of B.N.P. Mollahar Hat Unit and they took decisi..Category: Criminal Law | Date: | Hits: 80
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....n. The original layout plan provided such amenities by earÂmarking some land as parks, play grounds, community centres, school, mosques etc. Therefore the contention of RAJUK that in exercise of its power under section 40(h) it can change the layout plan converting the open spaces into residential ......ases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corporation 17 BLD 577= 49 DLR 199. Lawyers Involved: AF Hasan Arif, Attorney General, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. (In both the...... all other paper spaces have been abolished. From this Annexure 'G' it appears that embankment of Tongi Khal has nothing to do with southern plots of sector-9. Besides respondent No.1 has not categorically stated as to what plots of secÂtion 9 have been affected by the embankment. No paper has been......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....d passed by this sole arbitrator is illegal. The learned Advocate has contended that both the Courts below have failed to take into consideration that section 8 of the Arbitration Act, 1940 has given power to the Court to appoint an arbitrator in the circumstances where any appointed arbitrator fail......or the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
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