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Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......s, rather than as part of a coherent pattern. Hence it must be asked whether, in the absence of such a provision, the law of contempt is capable of being applied to protect the deliberations of other decision making agencies which are not courts of law "in the narrow sense. The general assumption ..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....e after heating was concluded a supplementary affidavit was sworn and filed on behalf of the petitioner intimating the court that the Ministry of Home Affairs further extended the detention order dated 25‑3‑92 by an order dated 5‑7‑92 for another period of 3 months and it was served upon......epresentation for the authority to take a view in his favour. The law is also equally settled by the judicial pronouncements of our Supreme Court that in an order under the preventive detention the decision of the authority is a subjective one and if any of the grounds are found non‑existent a..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....ne ‑ For the Opposite Parties. Civil Revision No.271 of 1985. Judgment Abdul Hasib J.- This Rule was issued calling upon the opposite party No.1 to show cause why the Order No.37 dated 19.3.85 passed by Munsif, First Court, Dhaka in Title Suit No.188 of 1982, should not be set a......plication in the present case. 9. Mr. Gafur has further submitted that the cause of action for both the cases are directly and substantially the same. In this connection he has referred to a decision in the case of Haji Nurul Islam Vs. Ashraf Ali and others, reported in 30 DLR at page 215 w..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......tle, interest in favour of the transferees and that plaintiff continued to remain in possession thereon. On the basis of this finding the trial Court decreed the Suit. 6. Being aggrieved by the decision defendant Nos‑ 1‑6 preferred appeal before the District Judge. Faridpur and the appeal ..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....z. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment Abdul Hasib J.- This Rule calls in question the legality and propriety of the judgment and decision dated 4.2.90 in Election Tribunal Appeal No.1 of 1988 passed by the Additional District Judge, First......uddin Faiz. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment Abdul Hasib J.- This Rule calls in question the legality and propriety of the judgment and decision dated 4.2.90 in Election Tribunal Appeal No.1 of 1988 passed by the Additional District Jud..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... side of his head. The witnesses cane and saw the occurrence. Later on Mohiuddin and deceased Mofazzal were removed to Sreebordi Hospital for treatment where Mofazzal Hossain, died immediately on the date of occurrence on 11.6.85. Mohiuddin remained in the hospital for treatment. 3. After inve...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....the Civil Procedure Code is not maintainable, specific remedy of his grievance lying in a separate forum, the Labour Court, established under the Industrial Relations Ordinance, 1969 as amended up to date. I do thus agree with Mr. Zainal Abedin that the plaintiffs are workers, that the Labour Court .......- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this judgment. 2. The facts which are material for their decision lie in a narrow compass. In the year 1981 there was a country‑wide strike of the bank‑e..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....j is hereby rejected. The sentence of death as passed by the learned Sessions Judge Manikganj is reduced to life imprisonment. As the accused is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....is First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impugned Judgment the Bar Council Tribuna......ed 21.5.92 was marked as Ext.13. Before the Bar Council Tribunal the resolution dated 3.5.92 was impugned which was marked as Ext.2. On 3.5.92 by resolution No.4 the Joypurthat Bar Association took a decision against the complainant to the effect that Advocate Mr. Mozammel Hoque Shakhidar had instit..Category: Others | Date: | Hits: 139
....
Lawyers Involved:
Md. Abu Bakr Siddique, Advocate - For the Petitioners.
Writ Petition No. 924 of 1995.
Judgment
AM Mahmudur Rahman J.- By this application the petitioners impugn Order dated January 19, 1995 passed by respondent 1, Member Land Appeal Board of the Ministry of the Gover......aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94...
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
.... the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the learned Advocates, perused the application and LC records. 3. By order dated 21.11.88 further proceeding of the said case was stopped under section 339C of the Code of Cri......Secretary of the Government. We find no force in this contention as the learned Advocate failed to show any thing in support of the same. It further appears from the said memo dated 28.11.88 that the decision for revival of the case was taken by the Government and was communicated by the Director Ge..Category: Criminal Law | Date: | Hits: 88
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....f Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon the respondent to show cause why the judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in ....... M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chittagong and others, 19 DLR 612, it was held that a Labour Court can exercise powers under Order IX of the Code of Civil Procedure. A contrary decision was given by another Division Bench of High Court Division in the case of Khulna Tobacco In..Category: Procedural Law | Date: | Hits: 180
....Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revision No. 444 of 1970.
(In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.)
Judgment
...... is contended on behalf of the petitioners that the learned Munsif, has acted beyond his jurisdiction in passing a decree for demolition of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasionin..
Category: Property Law | Date: | Hits: 119
....d under the Companies Act in Bangladesh. The petitioner No.2 was incorporated on 6.10.1980. The Directors of the Company could not hold its annual general meeting within 18 (eighteen) months from the date of incorporation i.e., within 05.04.1982, as required under section 76 (1) of the Companies A......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1...
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
.... Petition No.89 of 1993. Judgment AM Malunudur Rahman J.- The petitioner obtained this Rule from this Court upon the respondents to show cause as to why the order, No.Dhaka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bang......ation No.11. He further submits that Article 28 has to be read along with Article 27 to give a harmonious interpretation for the purpose of carrying out the Regulation there of Mr. Khondker cites the decision in the case of Secretary of the Air Craft Engineers of Bangladesh and another Vs. Registrar..Category: Employment/Service Law | Date: | Hits: 361
....ct of Khulna the Governing Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed a......the Governing Body of the college by a resolution being Resolution No.5 adopted in its meeting held on 7.10.81 dismissed the petitioner from service with effect from 7.10.81 and communicated the said decision under Memo No.139/80‑81 on 20.10.81 as at Annexure‑A to the writ petition. The petition..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....ur petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the signature of respondent No.3, Secretary, Dhaka a Water Supply and Sewe......einafter mentioned as the Authority, so the same relates to the officers (respondents No.4‑8) whose names appear at serial Nos.4, 5 and 7‑9 of the said memo (Annexure‑F to the petition) and the decision taken in respect of the matter of Agenda No.3 in the meeting of the Board of the respondent..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....izur Rahman Chowdhury, Advocate ‑ For the Opposite Parties. Civil Revision No.9029 of 1991. Judgment M Bazlur Rahman Talukder J.- This Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. 2. S......hury the learned Advocate for the opposite parties has drawn my attention to section 102 of the Waqf Ordinance which runs as follows: "Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Co..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....vision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijheel PS case No.32 dated 9.5.91 under sections 409/109 of Penal Code read with section 5(2) of Pension of Corruption Ac......d dispose of as the Third Judge. But it is seen from the order sheet that BB Roy Chowdhury, J, for reason best know to him, felt embarrassed and the learned Chief Justice referred this case to me for decision the Third Judge. 3. As the facts giving rise to this Rule elaborately has been stated by..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....ng complainant instituted the aforesaid complaint case in the court of the Upazila Magistrate, Paikgacha, on the allegations that he took lease of the case, land from one Amodini Dashi by an amalnama dated 7th Chaitra, 1356 BS and has been possessing the same by paying rents upto date. One Pancharam......es into play, Their Lordships have further held: "The legislative intent in making prohibition against a private complaint is to save a party from vexatious prosecution and to avoid conflicting decisions between two courts. The main ingredient of the prohibitory provision is the production in ..Category: Criminal Law | Date: | Hits: 142
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