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Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ss the impugned order. He further submits that the order dated 21.11.1985 made in Criminal case No.21 of 1985 was beyond the jurisdiction of the Respondent 1 as section 55 of the Ordinance does not empower him to pass an order to deposit the wages and lay‑off benefits, etc. and as such is liable t......o Co. Ltd. and others………………….Petitioners Vs. Chairman, Labour Court and others……………......Respondents Judgment June 13, 1991. Case Referred To- Railway Men's Store Ltd. Vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; James Finlay and Co. Ltd. Vs. The......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......abibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. T......izur Rahman and 19 other Directors of BCI Limited. The BCI Limited is said to have failed to keep reserve liquid asset to the violation of clause 8 of Non‑Banking Financial Institution Order, 1989, grant of unauthorised commercial loan against lien of balances investment account, operating current..Category: Criminal Law | Date: | Hits: 125
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......nised subsequently. This, clearly spelt out in the law and the Rules made thereunder and in proforma Form A of the Rules. 9. We in mandamus can only interpret a law so to examine the extent of the power of an executive and its misuse if any but shall not in the process read into a law something w......Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involv......s passed by election authorities for the sole reason that an election should not be jeopardised or postponed for any minor irregularities made in the process which can be cured but when there is a flagrant violation of the law and the Constitution on the face of the record allowing a disqualified pe..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......reme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Invol...... permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable, and includes any other endowment or grant for the aforesaid purpose, a waqf by user, and a waqf created by a non‑Muslim." There is ..Category: Trust/Waqf Law | Date: | Hits: 183
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....g for the Court Held: "In the mere absence of any specific statutory provisions in the Code one need not read a prohibition. The very nature of the duties cast on Courts carries with it the widest discretionary powers in the exercise of control over the conduct of the proceedings before them. Thi...... was passed was not made and for that matter was not registered as an application under section 439A Cr.P.C. and the said order having not been passed by the learned Sessions Judge in exercise of his power vested under section 439A, the present application does not fall in the category of second rev......abibur Rahman Khan J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) ......m girl being a minor and incapable of exercising her free will would go to the custody of her father, in default, she would remain in judicial custody. Accused Fakhrul Islam alias Liton was, however, granted bail. The accused party moved the Sessions Judge in Criminal Miscellaneous Case No.1041 of 1..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......e is not extended to the employee to the Rural Electrification Board. It is further in the affidavit that the Registrar of the Trade Union is a functionary appointed under section 12 of the IRO and empowered to accord registration to trade union under the said Ordinance but as the amended law by inc......ce LI of 1977 incorporated by Ordinance XV of 1987. 2. The petitioners in this case are 12 in number. They are workers and workmen under the Bangladesh Rural Electrification Board which is a statutory body constituted under Ordinance number LI of 1977. It is the case of the petitioners that this......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ngineering Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Di......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....f. Section 25 of the SCC Act does not restrict the power of the High Court Division as a Court of revisional jurisdiction to consider the present order. The power under section 25 of the SCC Act is a discretionary one which can be exercised only where it seems to the High Court Division that by the ......ire further consideration. 4. Now let me proceed to see whether in the facts of the present case there occurs any injustice caused to the plaintiff. Section 25 of the SCC Act does not restrict the power of the High Court Division as a Court of revisional jurisdiction to consider the present order......te Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant filed an application for adjournment but the Court rejected the petition.......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ..Category: Procedural Law | Date: | Hits: 104
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......sion of the Code they filed the same. The learned Subordinate Judge proceeded to hear the said objection in spite of repeal of section 47 of the Code as if in spite of such repeal he had the inherent power to do so and had the impertinence to set aside the order of this Court passed in the said appe...... Tripura Modern Bank Ltd.................................Petitioner Vs. Sunil Kumar Rajgharia and others...................Opposite‑Parties. Judgment August 7, 1990. Cases Referred to- Bishnu Bijoy Vs .Chandra Bijoy, AIR 1955 Cal 281; Hakeem Syed Mohammad Taqui Vs. Fatch Bahad......on Case No. 67 of 1968 was filed by the decree holder for realisation of the sum Tk. 1,11,915/13 with interest on the decreetal dues of TK. 1,03,532.75 in pursuance of on order passed and certificate granted on 30.4.64 by the then High Court of Dhaka in Matter No. 31 of 1962 under section 63 of the ..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......the instant case, certain fact and dates are relevant and they are that after the fall of the previous regime headed by the ex‑President HM Ershad in which the present petitioner was a Minister and powerful one, the Government issued a detention order in the instant case on 29.12.90 under section ......y J Habibur Rahman Khan J Anwar Hossain Monju....................Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 1......ses the application, the Magistrate, Special Tribunal or Court is satisfied that there are reasonable grounds for believing that the accused "is not guilty of the offence" and then only a bail can be granted to an accused. In the instant case, it is seen from the records and it is claimed also by th..Category: Criminal Law | Date: | Hits: 98
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......zi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DL......the plaintiff, that after passing of the said decree the purchaser company paid the sum or Taka 45,333/00 to PICIC on 31.12.70 and Taka 97,903/59 in kind to the plaintiff who acknowledged the same by granting a receipt on 15.7.71 and Tk. 3021/90 remained due; that the last instalment of Tk. 45,334.0..Category: Property Law | Date: | Hits: 69
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......he Official Gazette after modification by the Government which is binding on all concerned.
5. Khondker Mahbubuddin Ahmed, learned Advocate appearing for the petitioner, submitted that section 9 empowers the Government to appoint one Wage Board and so the constitution of the second, third and fou......f Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-
Tariq Transport Company Vs. The Sargodha Bhera Bus Service, PLD 1958 (SC) (Pak) 477 = 11 DLR......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ...... been given a further remedy under section 10A of the Administrative Tribunal Act, 1980 which runs as follows: “10A. Contempt of Tribunal.‑ (1) The Administrative Appellate Tribunal shall have power to punish for contempt of its authority or that of any Administrative Tribunal, as if it were ........................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......……………………………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 3...... bad in law. Until the expiry of the notice under section 114A the lessor would claim not mesne profit but rent for the said period in the case of section 114A. It is not relief in that sense that is granted but the forfeiture itself does not become operative until the expiry of the reasonable perio..Category: Property Law | Date: | Hits: 87
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......ngoing investigation stage, and consequently quash the proceedings under Article 102 of the Constitution. II. Whether the High Court Division in its writ jurisdiction ought to have exercised its power of superintendence and control over all subordinate courts under Article 109 of the Constitu......dents (In Civil Petition Nos.1246 and 1712 of 2010) Order November 11, 2010. Case Referred To- State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604. Lawyers Involved: Registrar, Joint Stock Companies and Firms and others-Respondents (In Civil Petition No.1153 of 2010.) M. Amirul Is...... cases. 9. We have heard the learned Counsel and perused the impugned judgments and other materials on record. On consideration of the same we find merit in these petitions. Leave is, therefore, granted to consider the following points, namely: "I. Whether the High Court Division in a writ j..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......naged in accordance with the Companies Act and since she had been removed from the office of Directorship, in contravention of section 106 of the Companies Act, the Registrar has been armed with full power to enquire into the matter. Mrs. Tania Amir, learned Counsel appearing for the caveator, on th......r the Petitioner. Mrs. Tania Amir, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the High Court ...... and other connected papers and heard the petitioner in person and Mrs. Tania Amir. On consideration of the facts and circumstances of the matter, we find merit in this point. Leave is therefore, granted to consider the following points: "I. Whether the High Court failed to consider that sec..Category: Company Law | Date: | Hits: 175
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......cord while making the Rule absolute observed that admittedly, the case land belonging to the petitioners was acquisitioned vide L.A. Case No. 15 of 1999-2000 for the purpose of setting up a 132/11 KV power sub-Station by the writ respondent No.2, DESA. It was also admitted that after initiation of t......ngladesh and others................Appellants Vs. Bokul Mia and others.......................................Respondents Judgment August 18, 2009. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Zainul Abedin, Advocate-on-Record-For the Appellants. A. J. Mohamma......overnment followed by making over its possession to the requiring body could, subsequently, be re-assessed or revised to a lower amount as precisely has happened in the instant case. 11. Leave was granted to consider the submissions that the respondent No. 6 herself along with Abdul Khaleque on 2..Category: Property Law | Date: | Hits: 80
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......tabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a charge under section 302/109 Penal Code. Each of the above named appellants was found gu......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......sional Engineer and Assistant Engineer and Assistant Divisional Engineer in respondent No.5 (“BTTB”). 3. The Services (Reorganization and Conditions), Act, 1975(“1975 Act), amongst others, empowered the Government to reorganize the service of the Republic or of any public body or nationalis......resent: Md. Mamtaz Uddin Ahmed J Naima Haider J Giasuddin Ahmed and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanu......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....or which has been rejected by the learned Subordinate Judge, it is contended by the learned Advocate for the petitioner that power under rule 17 of Order VI of the Code of Civil Procedure is wide and discretionary, but the learned Subordinate Judge without proper application of his judicial mind ill......bmissions of the learned Advocates the relevant provisions of rules 14 and 18 may be quoted below and considered together- Rule 14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presen...... allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two monthly tenants; that h......t, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. (Provided that the Court shall not grant such leave save in exceptional circumstances). (2)...........................................Category: Procedural Law | Date: | Hits: 76
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