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Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....s without jurisdiction and abuse of the process of the Court. 3. Mr. Azizul Haque Chowdhury, the learned Advocate appearing for the petitioner, submitted that Labour Court has been vested with the power of a Magistrate, 1st Class under section 36(3) of the Industrial Relations Ordinance, 1969 to ...... J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kalipada Saha Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Azizul Haque Chowdhu......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137...Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....tioner, perused the leave petition, impugned judgment and order passed by the High Court Division and all other connected papers on record. Section 24 of the Code of Civil Procedure confers a general power upon the High Court Division and the District Judge to transfer, withdraw suits, appeals and o......953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to ......in the similar manner the plaintiff had claimed to have spent Tk. 82, 84,952/-. It has been alleged that on 8.6.04 at about 11.00 hours the defendant Nos.2-4-respondent Nos.2-4 and some other persons called on the plaintiff-petitioner at their office situated at Dhaka directing him not to demand any......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
.... certiorari setting aside the decision of the Chief Constable. The aforesaid decision of the Court of Appeal of England has no application in Bangladesh in the matter of exercise of the extraordinary power in writ jurisdiction under section 102 of the Constitution in view of the provision of Article.....................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General......y General ‑For the Respondents.
Writ Petition No. 1049 of 1989.
Judgment
Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Abdul Hannan Khan obtained this Rule Nisi on 31.10.89 calling upon the respondent No.1, Secretary, Ministry of Home Affairs, respondent No.3 Mr. Md. Abdul......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
.... an irreparable loss to the plaintiffs by giving rise to contigencies that was not available at the time of passing the injunction order the learned Subordinate Judge erred in not exercising inherent power under section 151 of the Code of Civil Procedure in modifying the order of temporary injunctio...... as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......pposite Party No. 1. Civil Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscella......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....construction of section 9 read with Order 46 rule 7 of the Code of Civil Procedure, wherein it has been categorically provided that trial of Small Cause case by a Court not invested with Small Courts power is not a nullity when noted objection to such trial was taken initially. The learned Advocate ......an J Wahida Rashid (Most) and another....................Petitioners Vs. Miron Muhammad Zahidul Hoque......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame...... 16 of the Small Cause Courts Act. He has strengthened his argument by referring to the construction of section 9 read with Order 46 rule 7 of the Code of Civil Procedure, wherein it has been categorically provided that trial of Small Cause case by a Court not invested with Small Courts power is not......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....alat, 55 DLR (AD) 13, this Division approved the views taken in Islami Bank Bangladesh Vs. Md Shafiuddin, 52 DLR (AD) 76, wherein it was held that the Artha Rin Adalat is a civil court having all the powers and jurisdiction of the civil procedure Code subject to the provisions of the Ain, held as un...... Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinat......as taken causing prejudice to the adverse party. In Lindsay Petroleum Vs. Prosper Armstrong Hurd, (1814) 5 PC 221 Sir Barnes Peacock has clearly stated the principle thus: "Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might f......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
....ecial skill and the earnest money deposited by him was accepted by the Mill authority and that being the position the non‑consideration of the petitioner's tender at all is an arbitrary exercise of power by the Mill authority and also of the Government in the Ministry of Industry, because the peti......l Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh CheÂmical Industries CorporaÂtion and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (......o to no result. Thereafter according to the petitioner two board meetings of the said Mills were held on 25.6.92 and on 2.8.92 where it was decided that to put an end to the controversy a retender be called. The petitioner filed an application before the Chairman, Bangladesh Chemical Industries Corp...... for demanding justice and cancellation of application for acceptance of tender in favour of respondent No.6 (Annexure ‘V’) but also to no result. Thereafter according to the petitioner two board meetings of the said Mills were held on 25.6.92 and on 2.8.92 where it was decided that to put an en..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discretionary one and has to be exercised judic......ur Rahman J Nurul Absar Chowdhury and others…….........Petitioners Vs. Haji Abdul Hoque Sowdagar.......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....f the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to settle the dispute "once and for all" through arbitration of a very high power committee of the Government, should not be encouraged. In recording disapproval I seek support......om. 245; All India Groundouts Syndicate Ltd. 1949 Cal. 350; 1952 Patna 66; Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077; Kashinathsa Yamosa Kabadi, 1961 (SC) 1077; KDH Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third La......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......others. Under Schedule III of the Arbitration Agreement falls the properties under dispute. Prior to appointment of Mr. Justice TH Khan, Arbitrator and execution of the Arbitrator Agreement the third meeting of the Council Committee on Insurance was held on 21.7.198 presided over by the Hon’ble Vi..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ted and partisan and the learned Assistant Sessions Judge has further committed illegality in relying upon the Photostat copy of the post mortem report in the absence of the doctor in exercise of the power under Section 509A of the Code of Criminal Procedure, but without compliance of the requiremen...... Vs. State……………………………………………………………………Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Laho...... case, their evidence should not be discarded and said to be untrue. It is to be seen in the present case person that all the P.W.s were at and near the place of occurrence and some of them were physically assaulted by the accused persons. So, they are the most natural and competent witnesses in thi......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....an offer letter. It is further stated that since the matter is purely a commercial one which is not amenable to the writ jurisdiction; at best the petitioner may claim for compensation for it because power of cancellation is absolutely within the respondent No.3 as per tender notice Annexure-A to th......is also Reported in: ......ndent No. 3. Writ Petition No. 2626 of 2001. Judgment Mohammad Anwarul Haque J.- This Rule was issued under article 102(2)(a)(ii) of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned Memo No.Common:Sha:71/97 Second Pa......t the work done on the basis of such accepted tender. 6. Moreover, during the pendency of the writ application the respondent has invited the petitioner in several occasions to attend departmental meeting where it has been decided to issue an offer letter as per prevailing rate but it has not bee..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ...... Islam and another Vs. State 6 BLC 178 Azizur Rahman and others Vs. The State 4 BCR (AD) 370. Lawyers Involved: Mohammad Ali Khan, Advocate-For the appellants. Md. Asheque Momin, Assistant Attorney General -For the respondent. Criminal Appeal No. 300 of 1997. Judgment Md. Ruhul Qud...... and the members of his family went to bed after having supper at about 9 p.m. His wife (Sufia Begum, P.W.2) and daughter waked up at about 3 o’clock and went outside of the room to respond natural call. In the meantime, two robbers entered into the room, following whom his wife and daughter rushe......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
...., for the interest of the Waqf Estate and that of the beneficiaries, has taken action under the authority vested in him by the Waqf Ordinance. 5. Mr. Maqsudur Rahman, the learned Advocate, filed a power on behalf of the respondent No.1, the Waqf Administrator. 6. The impugned order addressed t......me Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Tobarak Ali Sikder.....................Petitioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referred......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ppeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....g or calling for an explanation. Rule 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 runs as follows: “51. The Tribunal after a case is referred to it, shall have power to suspend the Advocate concerned, pending enquiry against him and to vary or rescind such ord......Supreme Court) in this application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 sho......rty prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Article 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 is justifiably called for against the OP and he be suspended from practice pending disposal of the case. The opposi......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Wasim Ahmed Khan Vs. Secretary, Board of High School and Intermediate Education, UP Allahabad......dun Nabi who appeared in the BA (Pass Course examination of October/November, 1987 of the University of Dhaka from Barhamgonj College, Upazilla Shibchar, District Madaripur) this Rule Nisi was issued calling upon respondent No.1 the Vice Chancellor, UniverÂsity of Dhaka, respondent No.2 the Univers......proved. The respondents took some time to collect all the examination records of the petitioner. His case was carefully examined by the Discipline Board of the University. The Discipline Board in its meeting held on 12.11.89 considered the allegations against the petitioner and the reply submitted b..Category: Others | Date: | Hits: 122
.... Yunus Mia was never the attorney of late Abdus Samad Choudhury and neither the said predecessor nor the petitioners are bound by his acts and deeds and the said Yunus Mia was never authorized by any power of attorney, registered or otherwise, to act on behalf of Abdus Samad Choudhury and that the a......……………………………..Petitioners
VS.
Upazila Revenue Officer, Patiya, Chittagong & others………………………Respondents
Judgment
June 12, 1991.
Cases Referred to-
Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar ......dvocates-For the petitioners.
Moulavi Mohammad Wahidullah, Advocate-For the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....e and all Magistrates shall be independent in the exercise of their judicial functions. He has then emphasised that Article 116 of the Constitution which lays down that the control which includes the power of posting, promotion and grant of leave and discipline of persons employed in the judicial se......presented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 ......°à¦¬à¦¿ ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without complying with Article 116 of the constit...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....cultivating under-raiyat or a group of rent-receiver, cultivating raiyat or cultivating under-raiyats who has or have undertaken large scale farming on a co-operative basis or otherwise by the use of power driven mechanical appliances or large-scale dairy farming may, if he is or they are certified ......wyers involved:
Hamidul Huq Chowdhury, Senior Advocate with A.Y. Mashihuzzaman, Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record - For the Appellant.
A.W. Bhuiyan, Additional Attorney-General instructed by A.W Malik, Advocate-on-Record - For the Respondent Nos. 2 & 3.
R......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique TexÂtiles and others, 1982, 11 CLC (AD)
....ing the dispute, but with no effect. 11. As to the scope of section 20 and the question of jurisdiction conferred on the Court. Dr. Kamal Hossain, referred to sub-section (4) of section 20 which empowers the Court to do the following; namely, (1) order the filing of the arbitration agreement in c......pondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Record - For the appellant. Kamal Hossain, Se......ed 18.2.71 and informed the plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to the contrac......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
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