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Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......r Petitioners (In Writ Petition No. 554 and 1059 of 1992). S R Pal with Tofazzal Islam and ABM Bayazid ‑ For Petitioners (In Writ Petition Nos. 661 and 1060 of 1992). AK Hasan Ariff, Deputy Attorney‑General with Md. Fazlul Haque, Assistant Attorney‑General ‑ For the Respondent Nos. 1...... No.2 took up the matter with CLAC which in its meeting dated 2.11.91 approved the allocation of 4.67 acres of private land as per revised drawing. Thereafter by letter dated 17.11.91 respondent No.2 called back summary dated 1.6.91 from the Acting President's Secretariat. Thereafter on the represen...... Respondent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission in its meeting dated 5.11.88 approved the scheme for 100 feet wide link road over the said building of the ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
.... 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) ......- On an application under section 491 of the Code of Criminal Procedure by Dr. Kazi Mozammel Hoque, father of the victim girl Kazi Rehana Akhter alias Lipi a Rule was issued by this Court on 28.11.90 calling upon the Deputy Commissioner, Noakhali District to show cause as to why the victim girl shou......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....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......tablishment, factory or industry within the meaning of the Shops and Establishments Act, the Factory Act, or Industrial Relations Ordinance, had the effect of taking away from them the right of being called and designated as a worker to form a labour Union and there it comes into conflict with the f......y are workers and workmen within the definition of Industrial Relations Ordinance. The petitioner along with other workers and workmen employed under the Rural Electrification Board on 1.12.90 held a meeting and decided to form a Trade Union under the name and style "Palli Bidutyan Board Jatiyabadi ..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.......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......For the Opposite Parties. Civil Revision No. 510 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This Rule at the instance of the plaintiff‑petitioner Abdul Jalil was issued calling upon the defendant opposite parties, (1) Bangladesh Steel and Engineering Corporation, PS Te......kill defendant. 2 on that date, he would kill him in future. Thereafter the plaintiff left the chamber of defendant No. 2 in an angry mood hurling abuses towards defendant No. 2. Thereafter a special meeting of the Board of Directors was held on the same date i.e. on 24.8.83 in which the entire matt..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....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.......decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the question th......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)
....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......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.......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...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....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......he date he is taken into detention. It is not also disputed that on the next day that is on 29.4.91 Anwar Hossain Monju was arrested from just outside the Parliament under the said order which may be called the second order of detention or an extension of first order of detention, and taken to Dhaka......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...Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......seruddin Ahmed J Habibur Rahman Khan J Tariq Habibullah....................................Appellant Vs. The State.............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: ......throom but she was not coming out and at that time there was no male member present in the house. On getting no response from inside the bathroom a friend of accused‑appellant named lqbal Tariq was called from the nearby house. On reaching the place of occurrence he kicked the door of the bathroom......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..Category: Criminal Law | Date: | Hits: 116
....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......Advocates ‑For the Respondent Nos. 3, 4 and 5.
Writ Petition No. 383 of 1991.
Judgment
Abdul Jalil J. - This Rule Nisi, at the instance of the Bangladesh Sangbadpatra Parishad, was issued calling upon the respondents, namely, the Government of the People's Republic of Bangladesh, represe......
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)
.... 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......ssistant Attorney‑General- For the Respondent No. 1. Writ Petition No. 647 of 1987. Judgment Nurul Huque Bhuiyan J. - This Rule Nisi by the petitioner under Article 102 of the Constitution calls upon the respondents to show cause as to why the respondents should not be directed to impleme......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
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
....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....... 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........ 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...Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....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 ......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.......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...Category: Company Law | Date: | Hits: 175
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....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......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: ......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: ..Category: Property Law | Date: | Hits: 80
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......, 11 DLR (WP) 58; Abdur Rouf and others Vs. State, 38 DIR 188; Hamzo Vs. The State, 1960 PLD (Karachi) 817; Safar Ali Vs. The State, 36 DLR 185 Lawyers Involved: Shah Azizur Rahman, Assistant Attorney General ‑ In support of Reference. Serajul Huq with ABM Golam Majid, Anisul Huq and Ferd....... P.W.9 Hasan Ali is the Rickshaw Pullet. He stated that 8/9 months before the date when he deposed at about 10‑30/11‑00 PM while he with his rickshaw was waiting near the police station on being called by the police he carried two police personnels and the accused Farid Karim from the Police St......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
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. ......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......ctim Tapu. The fact of existence of enmity between parties from long before over the property left by Messers Paul Choudhury and involvement of both the parties in serious litigation have been specifically mentioned in the FIR. It is important to note that the appellants have been suspected to be th......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)
....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......1380 of 2009. An application under Article 102 of the Constitution of the People's Republic of Bangladesh Judgment Md. Mamtaz Uddin Ahmed J.- Initially on 22.2.2009 the Rule was issued calling upon the respondent to show cause as to why 5A as inserted in the Bangladesh Telegraph and T......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)
....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...... case the suit was instituted on 16.8.88 and the missing documents on their recovery were filed by a firisti on 25.2.89 i.e. after a delay of about 6 months and a few days which in our view cannot be called to be an inordinate delay in the facts and circumstances of the case. It appears from the fir......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....of the Act cannot be allowed and, if allowed cannot be given retrospective effect. 19. In support of the contention that when by a statute an authority is vested in another Tribunal With exclusive power over any subject matter, a Civil Court ceases to have any jurisdiction to try such suit having......ahman Khan J Mansur Ali (Md.) ................................Petitioner Vs. Janata Bank and others.......................Opposite Parties. Judgment August 23, 1990. Cases Referred to- AIR 1975 (Karnatak) 200, 10 DLR, 633, 21 PLD (Karachi) (1969)349; 22 DLR (SC) 389; 39 DLR, 3...... Razzaque Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 136 of 1987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the plaintiff No. 2 petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order dated 28.5...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ...... 563 of 1987. Judgment Nurul Huque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order of Registration of respondent No. 1 Union under Registration No. R......No. 1. Writ Petition No. 563 of 1987. Judgment Nurul Huque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order of Registration of respondent No. 1 Uni......ons, Rajshahi Division, Rajshahi with registration No. 479 and making demands contained therein on behalf of the workers employed by the petitioners as per resolution adopted by the said Union in the meeting held on 10.7.87. Thereafter respondent No. 1 sent another letter dated 26.8.87 (Annexure‑A..Category: Labour and Industrial Law | Date: | Hits: 115
....e post of Vice‑President; that on analysis of the background of the detenu it shows that the detenu assumed different colours at different times with the change of political situation for acquiring power and in doing so he was widely reputed as a corrupt man which has created a strong political ag......hmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of W......ad Ismailuddin Sarker J. - This Rule Nisi was issued upon an application under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh filed by the elder brother of the detenu calling upon the respondents to show cause why the detenu Mr. Moudud Ahmed, the Former Vice‑Presid......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
..
Category: Constitutional Law | Date: | Hits: 178
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