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....t Petition No.1514 of 1992.
Judgment
Gour Gopal Saha J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against the Judgment and order dated 29‑3‑92 passed by the Court of Settlement, First Court, Dhaka in Case No.776 of 1987 dismi......sideration of these material pieces of evidence and the legal aspect of the case on the question of statutory notice under Article 7(3) of Ordnance No.54 of 1986 have materially affected the impugned decision of the learned Court of Settlement.
7. The matter was heard by us on 1‑3‑1997 when n..
Category: Property Law | Date: | Hits: 116
....No.1 issued a notice asking the petitioner to appear before him is fixing 9‑8‑88 for hearing of the grievance petition. The petitioner appeared and made submission but he was informed by a letter dated 13‑8-88 do the grievance petition had been rejected. It is alleged by the petitioner that th......e cause of such grievance and the employer shall within fifteen days of receipt of such grievance, enquire into the matter, give the worker concerned an opportunity of being heard and communicate his decision, in writing, to the said worker."
Clause (b) of sub‑section (1) of section 25 provide..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....aka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the aforenamed detenue for a period of 30 days from the date of service of the said order upon the datenu. A copy of the order was served on 12-11‑95 upon...... second contention is that in the grounds one good ground has been mixed up with several indefinite grounds and this has rendered the entire detention illegal and on this point he has referred to the decision reported in 31 DLR (AD) 1 and 46 DLR 107. 4. Mr. Moudud's last but most serious con..Category: Criminal Law | Date: | Hits: 127
....d-Respondent Nos.2-3.
Civil Petition for Leave to Appeal No.2306 of 2009.
Judgment
Syed Mahmud Hossain J.- This civil petition for leave to appeal is directed against the judgment and order dated 04.06.2008 passed by a Division Bench of the High Court Division in Civil Revision No.2581 of ......Court Division rightly made an observation that defendant No.2 could approach the concerned Court to return the money deposited by him (defendant No.2 of the suit).
The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do ..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....f, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribunal Case No......M M Rafiqul Hyder reported in 45 DLR (AD) 13 that joinder of a scheduled offence and a non‑scheduled offence does not vitiate the trial. However in the facts and circumstances of the case this decision is not applicable. In the case cited, it was held that smuggling under the Special Act and ..Category: Criminal Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....Asrarul Hossain with Abdul Azim - For the Respondents. Appeal from Original Order No.447 of 1979. Judgment Md. Altaf Hossain J.- This appeal is directed against the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of...... submits that the engagement of the lawyer in another Court is a sufficient cause for non-appearance within the meaning of Order 9, rule 13 of C.P.C. The learned Advocate has placed before us the decision of Mirza Umar Boksh Vs. Hussan Aara and others reported in P.L.D. 1960 (W.P.) Peshawar 85. ..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ithin meaning of section 1(6)(i) of the said Act and therefore these ore excluded from the operation of the said Act. He has taken us through various provisions of P.O. No.26 of 1972, as amended upto date and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
.... the Opposite Parties. Civil Revision No.2320 of 1992. Judgment Shahidul Islam J.- By this Rule the Opposite Parties were called upon to show cause as to why the impugned Judgment and decree dated 30.5.1992 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appeal No......ian and without getting any permission from a Court of law has been decided by the judicial committee of the Privy Council in the case of Iman Bandi Vs. Mutsuddi, reported in 45 IA 73. Following that decision the judicial committee of the Privy Council in the case of Md. Izaj Vs. Md. Iftikhar, repor..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....minal Appeal under section 10 of the Criminal Law Amendment Act, 1958 at the instance of Md. Abdul Hye, Md. Abu Bakar and Md. Abu Zafor Siddiky & Akhter is directed against the Judgment and order dated 30.04.2005 passed by the learned Divisional Special Judge, Rajshahi Division, Rajshahi, in Spe......Dhamoirhat police station brought the property Register of Dhamoirhat police station before the Court. 36. We are now called upon to scrutinize the material evidence in order to arrive at a proper decision in this case. 37. The allegation against the accused Abdul Hye is that he is brother-in-..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. শাঃ-৪/১জি-৪/২০০৪/৩২১ dated 17.06.2004 issued under the signature of respondent No.2 cancelling the Monthly Payment Order ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....ddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of Md. Abdul Quddus and Md. Rafiqul Islam are directed against the Judgment and order dated 24.4.2003 passed by the learned Sessions Judge, Nilphamari in Criminal Appeal No.10 of 2002 di......rned Sessions Judge is bad in law and unwarranted by the facts and circumstances of the case and thus the same is liable to be set aside. 15. The learned Advocate for the petitioners has cited the decision in the case of Abdul Bahar @ Abul Bahar and others Vs. The State reported in 5 BLD 84 and t..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
.... Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by the High Court Division in Writ Petition No. 1618 of 2000). Judgment......cation filed by the plaintiff bank for attachment before judgment. The plaintiff bank, being aggrieved, filed Writ Petition No. 1618 of 2000 and the High Court Divisions after hearing, relying on the decision reported in 16 BLD (AD) 250 made the Rule absolute in part by setting aside the order of st..Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....tition No.1233 of 1989. Judgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10.89 respectively. Parties in both the...... But the allegations of relationship between Ismail Khan and respondent No.3 and influencing the respondent No.3 have been denied. 13. Learned Advocate for the petitioner contended, relying on the decision in the case of Protap Singh Vs. State of Punjab reported in AIR 1964 (SC) 72, that the alle..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be declared to be void and to......esult the whole tender proceeding of the said Canal Toll Station was stayed by respondent No.6 by an order dated 5-5-99. The apprehension of the petitioner came to be true as the respondent No.4 took decision to give its lease to Bangladesh Muktijuddha Sangsad, Bagerhat District Unit Commander for T..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....of the Constitution and as to why the petitioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surp...... in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....1. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the High Court Division in Writ Petition No. 9537 of 2...... within 7 days, as to why the licence of the petitioner, who is a 100% foreign owned company, should not be permanently revoked. 5. The impugned notice purported to refer to the pendency of a decision requested by the respondent No.2 from the respondent No.3 by Sharok No.4(1) Shulka Nirikh..Category: Administrative Law | Date: | Hits: 318
....the respondent Income Tax Appellate Tribunal Chittagong to show cause as to why his refusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authori......affected by the introduction of the new first proviso to section 30(l) of the Act by the Finace Act of 1967 which came into force on the 30th of July 1967."
In that case reliance was placed on the decision of the Privy Council in the case of Colonial Sugar Refining Company Vs. Irving reported in ..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Miscellaneous (Arbit......e under his order dated 21.4.94. It is the case of the petitioner that by passing the impugned order dated 21-1-95 the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in not taking into consideration the objection raised by the..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....hondaker, Advocate ‑ For the Opposite Party. Civil Revision No.3934 of 1994. Judgment Abdul Karim J.- This Rule was issued calling upon the Opposite Party to show cause as to why the order dated 27.11.94 passed by the learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitration ......ghts of any party under or any in respect of any contract by the usual legal proceeding in the ordinary tribunals is void to that extent. In support of his contention Mr. Khondker has referred to the decisions in the case of Michael Golodetz Vs. Serajuddin and Co. reported in AIR 1963 (SC) 1044, Rab..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....on No.430 of 1980. Judgment Abdul Matin Khan Chowdhury J.- This Rule arises out of an application under sections 439 and 561A of the Code of Criminal Procedure directed against the order No.6 dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of 1980 under ......ssions Judge were maintainable and the Sessions Judge had jurisdiction to entertain the Narazi application as the record of the case was before him. In this connection reference may be made to the decision reported in 33 DLR page 8 in the case of Suruj Meah and others Vs. Rahim Ullah and others, ..Category: Procedural Law | Date: | Hits: 100
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