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Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......rict Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief Election Commissioner, took the view that there is no specific provision in law empowering him to direct Respondent No. 2 the designated Appellate Authority (The Deputy Commissioner,......Rahman…………………………………………………..Petitioner Vs. Election Commission and Others…………............Respondents. Judgment April 9, 1990. Case Referred to- AFM Shah Alam Vs. Mujibul Huq and others, 1989 BLD (AD) 78=41 DLR (AD) 68. Lawyers Involv......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......hman Khan J Fahim Al Haque (Minor) and another ............Petitioners Vs. Mohammad Abdul Aziz and others................Opposite Parties. Judgment February 11, 1990. Cases Referred to- Ram Bahadur Pal and others Vs. Ram Shankar Prankar Prasad Pal, ILR 27 (All) 688; Ali Ahmed V......ng that since there is no specific area or demarcation of the land allegedly encroached by the defendants has been given in the application for injunctions, an order of temporary injunction cannot be granted in such a case. So we do not find any reason to interfere with the above findings of the cou..Category: Property Law | Date: | Hits: 59
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......rned Advocate appearing for the petitioner submits that the learned Labour Court is not a Court of appeal, that the Labour Court cannot reverse the findings of the domestic enquiry in exercise of its power under section 25 of the Employment of Labour (Standing Orders) Act, 1965 and that, therefore, ......t Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others…......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....l is not bound to adjourn the case on an application for adjournment filed by the accused no bias can be attributed to the Tribunal for mere rejection of such prayer which was done in exercise of his discretionary power. Let us now examine the language of sub‑section (8) to find out the real purpo......and in the instant case it being not a case of taking notice by this Court Suo motu or on the report of the lower court, but on the application of a party interested, the question of Court's inherent power of taking cognizance suo motu also would not arise. He has further submitted that in the insta......J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Referred to- (1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AI......tinued. On 26.2.91 the defence lawyer appeared before the Tribunal and stated that the accused HM Ershad is very ill and he cannot appear before the Tribunal for his illness till he is fit. The Court granted the prayer for time on ground of illness and directed the accused to be examined by medical ..Category: Criminal Law | Date: | Hits: 73
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......or Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No.1. (In both the cases) Not represented-the Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 2454-55 of 2009. (From the judgment and order dated the 2nd day of July, 2009 pass......retired from service. On the basis of the decision dated 08.08.1993, the writ-petitioner of above writ petition went on L.P.R. and was paid TK. 1,95,282.00 vide memo dated 17.09.2007 as lump amount/grant on the basis of last basic pay drawn immediately before the commencement of L.P.R. after ded..Category: Employment/Service Law | Date: | Hits: 90
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ion and orders in this Rule. 12. It may be mentioned that in the instant case, the original lawyer of the petitioner was Mr. Rafiqul Huq appearing along with Mr. Abdur Razzaq but Mr. RafiquI Huq's power having been withdrawn by the petitioner in the middle and on the date when the matter was fixe......h and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bang......ct that the contract had been knocked down in his favour. The acceptance being subject to sanction the appellant's relief for a mandamus to confirm his right to the licence for 1953‑54 could not be granted. Their Lordships of our Appellate Division after considering that decision in the affirmativ..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......religious doctrines and beliefs and also acts done in performance of religion by some Judge. He then quoted verse 25 of Surah Al-Hadeed from the Holy Quran. And then he said, now-a-days, the party in power instead of establishing the rule of law are using the Courts as instrument for political per......urendra Kumar Sinha J Md. Riaz Uddin Khan and another ……………..............Petitioners Vs. Mahmudur Rahman and others……………………………….Respondents Judgment October 11, 2010. Cases Referred To- The Queen Vs. Gray (1900) 2QB 36; E.M. Sankaran Namboodripa......the interpretation of law. One Judge of the High Court Division, it is said, illegally enlarged a convicted leader of a political party on bail but at the same time, he stayed the genuine bail orders granted in respect of other convicts of similar nature. He further commented that leaving aside the ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......s arisen out the following facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifarious difficulties. In 1983, the Government of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million ......ve, has arisen out the following facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifarious difficulties. In 1983, the Government of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 mi..Category: Civil Law | Date: | Hits: 90
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ....... 10. The second ground taken by Mr. Chowdhury is that the respondent No. 1, or the Secretary, Ministry of Land Administration and Land Reforms or the Joint Secretary of the said Ministry is not empowered to pass the impugned order and in exercising the power with which they are not vested in law......Ali Akbar, Advocates ‑For the Petitioner. Khandker Mahbubuddin Ahmed with MA Rouf, Mirza Hussain Haider, SM Monir, Advocates ‑ For the Respondent No. 4. Syed JR Modassir Hossain, Deputy Attorney General ‑ For the Respondent No. 1. Writ Petition No. 573 of 1987. Judgment Naimud......ication under Article 102 of the Constitution an order passed by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled and the..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ...... alternative remedy available against the order of dismissal of their objection under section 47 of the Code of Civil Procedure the petitioners, therefore, was entitled to take resort to the inherent power of the Court under section 151 of the Code of Civil Procedure for ends of justice. It is also ......Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil Revision No. 513 of 1973. Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application un......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ...... of their claim; thereafter Ram Krishna Saha Banik proposed to transfer the property to the plaintiffs for a consideration of Tk. 3,30,000.00 and accordingly the owner of the suit property executed a power of attorney in favour of Mahtabuddin Ahmed, father of the plaintiffs‑opposite parties and su......l of the rule may be stated as follows: The opposite party Nos. 1‑4 as plaintiffs instituted Title Suit No. 228 of 1986 in the 1st Court of the Subordinate Judge, Dhaka for declaration of title to the suit property and for permanent injunction restraining the defendants from treating the suit ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193....... view of this proviso the Administrative Tribunal shall have no jurisdiction to entertain an application unless it is filed within six months of the impugned order. 7. The Govt. in exercise of its power under section 3 of the Act, established an Administrative Tribunal for the country effective f...... Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddi......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......2 with effect from 10.11.86 under the memo repealed section 7 of the Act the respondents could not remove any building by using force and they had to‑ apply to the Government for such removal. By empowering the respondents to remove any building or fill up any tank by using force under the newly s......ner. Ziaur Rahman Khan, Advocate ‑ For the Respondents. Writ Petition No. 524 of 1989. Judgment Kazi Ebadull Hoque J. - Rule Nisi was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should ...... shed in question without. any sanctioned plan and the petitioner having failed in his reply to satisfy that his tin shed was not liable to be demolished there was no obligation on the respondents to grant the petitioner a personal hearing and his tin shed structure constructed without any sanctione..Category: Property Law | Date: | Hits: 77
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... Reference Application pending our answers. 3. Mr. Rafiqul Huq, placing reliance upon section 161(4) of the Income Tax Ordinance, 1984, submits that this Court in exercise of its jurisdiction is empowered to pass an order staying realisation of the tax. Sub‑section (4) of section 161 reads: ......ion of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......also points out to us that the applicant‑company is fully “owned” by the Government and is a subsidiary company of Bangladesh Petroleum Corporation. He further submits that if the stay order is granted there would be no chance of evasion of tax if it is found that the disputed amount of tax is..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ion 496 and section 497 envisages a person who is arrested and produced in Court or also 'appears before a Court' that is before the Court of first instance. 11. Section 498 of the Code however, empowers that High Court Division or the Court of Sessions, to direct 'any person be admitted to bail.......tra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General (with Akramul Haque, Assistant Attorney-General), instructed by Sufia Khatun, Advocat......ent and order dated 8-6-2010 passed by the High Court Division in Criminal Miscellaneous Case No.17892 of 2010). Judgment ABM Khairul Haque CJ.- This petition is against the Order dated 8-6-10, granting anticipatory bail to the accused-respondents by the High Court Division, in Criminal Miscel..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......4. Mr. Syed Mokaddas Ali, the learned Assistant Attorney‑General, has opposed the Rule, but in view of the inclusion in the detention order as also in the grounds of some reason which is beyond the power of the District Magistrate, Satkhira, the vagueness of other grounds and the violation of sect......f Bangladesh and others.......................Respondents. Judgment August 15, 1990. Lawyers Involved: Sk. Atiar Rahman, Advocate ‑ For the Petitioner. Syed Mokaddas Ali, Assistant Attorney General ‑ For the Respondents. Writ Petition No. 41 of 1990. Judgment Abdul Hasib ......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......abibur Rahman Khan J Budhiswar Biswas..............................Petitioner Vs. Akbar Ali Sheikh and others................Opposite-Parties. Judgment August 9, 1990. Case Referred to- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 78. Lawyers Involved: ......ms of the Contents of a document is inadmissible under section 92 of the Evidence Act.” It is further held: "Section 91 of the Evidence Act provides that when the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, no evide..Category: Property Law | Date: | Hits: 74
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ...... the fact that the Government has rescinded the impugned order. 5. If the petitioner is so advised that the impugned order was a wrongful one, without lawful authority and a colourable exercise of power in bad faith then (as is done in the Western democratic world) there is nothing to prevent him......………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment April 17, 1990. Cases Referred to- Dr. Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; State of Bihar Vs. Rai Bahadur Hurdut Roy ......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appea......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......es not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......oved, although as a matter of right the plaintiff cannot claim the decree for specific performance of such contract, under the provision of the Specific Relief Act the Court should not also refuse to grant relief for its performance as a matter of course. No case of non‑enforcement of such contrac..Category: Property Law | Date: | Hits: 64
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