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Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....ue. 10. We also find from Annexure 2 to the affidavit-in-opposition of respondent No.29 that the Election Commission had already ordered a fresh poll at centre (a), presumably in exercise of its power under Rule 70. Respondent No. 30 filed an application for reconsideration of that decision. ......n, Advocate—For the Respondent No. 31. Writ Petition No. 308 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be made directing respondent Nos. 2 and 4 to hold f......ndent No. 30. M.K. Rahman, Advocate—For the Respondent No. 31. Writ Petition No. 308 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be made directing respon......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100...Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....sential to the life of the community. 7. It is admitted on both sides that the Janata Bank (Employees) Service Regulations (hereinafter referred to as the said Regulations) made in exercise of the power conferred by Article 29 of the Bangladesh Bank (Nationalization) Order 1972 (P.O 26 of 1972)......evisional Jurisdiction) Present: DM Ansaruddin Ahmed J Md. Shahabuddin...................................Petitioner Vs. The Janata Bank, Bangladesh represented by the Managing Director & others...........Opposite Parties Judgment November 30, 1988. Cases Referred to- ...... Nationalized Banks including the Janata Bank had their individual Karmachari Unions, and the Unions of all these 7 Nationalized Banks formed a Central Bank Employees Federation. In response to a call of their Federation all the employees of all these Banks went on strike with effect from 11.9.8......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....llegations against the officials are not founded on undisputed question of fact. 13. In matter of election dispute writ forum is not the proper and adequate forum to be invoked and prerogative power of writ is not meant for deciding disputed questions of fact. Ordinarily the court exercisin......in J Abdul Mukit Chowdhury..................Petitioner Vs. The Chief Election Commissioner & others...........................Respondents Judgment December 6, 1988. Cases Referred to- Presiding Officer Vs. Sadrauddin Ansari, 19 DLR (S.C.) 516, N.P. Ponnswarmi Vs. The Returnin......ssain Haider, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha, Advocates— For the Respondents. Writ Petition No. 23 of 1988 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....ection (2)(g) the expression 'specified bank’ includes Sonali Bank also. 5. By Article 102 of the Constitution of the People's Republic of Bangladesh High Court Division is invested with the power to issue certain order or direction. Sub-Article (1) reads as follows: "102. (1) The High C...... S.R. Paul with S.K. Sinha and Mohammad Hossain, Advocates — For the Respondents. Writ Petition No. 14 of 1988 Judgment Qazi Shafiuddin J. - This Rule calls upon the respondent Nos. 1-5 to show cause why the election of the Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.8...... Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hossain, Advocates — For the Respondents. Writ Petition No. 14 of 1988 Judgment Qazi Shafiuddin J. - This Rule calls upon the respondent Nos. 1-5 to show cause why the election of the Chairman of No. 4 Upper Kag......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......gment August 7, 2001. Lawyers Involved: Nahirul Alam Bahar with M Moazzam Hussain, Riasuddin Khan and SM Shajahan Kabir, Advocates — For the Appellants. AQ Rashid Ahmed, Assistant Attorney-General — For the State. Criminal Appeal No. 2427 of 1999. Judgment Gour Gopal Sah......d submits that the prosecution has been able to prove its case against the accused appellants by cogent and reliable evidence and, consequently, the impugned order of conviction and sentence does not call for interference by this Court. Point for determination: The only point for determination....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....laint which belonged to the plaintiffs they agreed to the proposal and accordingly, on 24-5-1963 the owners of the ‘A’ scheduled properties Gopal Chandra Pal and 10 others executed an irrevocable power of attorney in favour of the plaintiff Nos. 1 and 2 to effect a deed of exchange and the said ......ivil Revision No. 110 of 1994. Judgment MA Wahhab Miah J. - This Rule was obtained by the heirs of deceased defendant Nos. 7, 8 and other defendants against the Judgment and decree dated 31st October, 1993, passed by the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 reversing those......aintain a suit for declaratory decree under section 42 of the Specific Relief Act the plaintiffs must have clear title to the suit property and no suit can be filed or maintained on the basis of a so called power of attorney executed in India without being by the then Embassy of Pakistan. Mr. Shahid...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....he complainant was first put in Court hajat and thereafter the case was filed and therefore an offence under section 342 of the Penal Code is disclosed. The accused petitioner by using their official power and position filed the case after putting the complainant in Court hazat which is apparent fro......, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate — For the Petitioner. (In Criminal Revision No. 578 of 2000) M Farooq, Deputy Attorney-General with Shueb Ahmed, Assistant Attorney-General — For the State. Criminal Miscellan...... case No. 25 of 1991 and PS case No. 14(9) 91 and that on his refusal to pay such illegal gratification at the order of accused No. 3 the accused No. 2 snatched away Taka 300 from his pocket and physically assaulted him. It is also alleged that the accused petitioners being apprehensive of any actio......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
.... is no legal bar, either under the Ordinance or any other law, for formation of any trade union with the employees of respondent No.4, Bangladesh Atomic Energy Commission, and that the Ministry of Manpower by its memo dated 19-7-89 and the Ministry of Education, Science and Technology Department by ......h Abdul Mannan Khan and Mahmudul Haq, Advocates — For the Respondent No. 4.
Writ Petition No. 1677 of 1995
Judgment
SAN Mominur Rahman J.- Rule Nisi was issued calling upon the respondents to show cause the judgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation o......with Abdul Mannan Bhuiyan with Abdul Mannan Khan and Mahmudul Haq, Advocates — For the Respondent No. 4.
Writ Petition No. 1677 of 1995
Judgment
SAN Mominur Rahman J.- Rule Nisi was issued calling upon the respondents to show cause the judgment and order dated 26-7-1994 and 28-6-95 and th...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430...
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ated 19-6-2001 (in Writ Petition No. 2718 of 2001), has been issued by the respondent No. 1 most illegally, arbitrarily and without any jurisdiction inasmuch as the law does riot provide for any such power to pass an order by the Customs Commissionerate for not re-leasing any goods to the holder of ....... Respondents Judgment August 13 and 14, 2001. Lawyers Involved: M Amir-ul Islam with Dr. Shirin S Chowdhury and Manzil Murshed, Advocates—For the Petitioner. AM Aminuddin, Deputy Attorney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Peti......ments under the supervision of the Customs official but the petitioner did not follow the instruction and avoided customs supervision regarding use of fabrics. It is stated that the inquiry team physically visited the petitioner’s premises on 13-5-2001 and 21-5-2001 but the petitioner failed to sh......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....e exhibited documents of the contending parties. I do not find any illegality in the impugned judgment occasioning failure of justice so as to justify interference by this Court exercising revisional power under sections 115(1) of the Code of Civil Procedure, I, therefore, find no merit in the Rules......agong in Other Suit Nos. 49 of 1976, 130 of 1976 and 87 of 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all fur......tle in the suit land by adverse possession. The learned District Judge clearly found that DW 2, who came to prove the possession of the defendant in the suit land, is a hired witness and he has practically no knowledge about the suit land. Admittedly, the suit land is situated in the heart of the ci......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....t this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of the Code of Criminal Procedure under which police has been given power to arrest any person without an order of a Magistrate or without any warrant. Some circumstanc......desh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State of West Bengal AIR 1974 (SC) 2124. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioner. Zaman Akter, Assistant Attorney-General— For the State. Writ Petition No. 6911 of 2001. Judgment Md. Hamidul Haque......mirul Islam, Advocate — For the Petitioner. Zaman Akter, Assistant Attorney-General— For the State. Writ Petition No. 6911 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained i......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....furnish such statement in the interest of sovereignty and security of Bangladesh or in the public interest. From language as used in the proviso itself, in our view it does not give the authority any power to keep a person whose passport was seized in darkness. In our view at least a reply must be g......or the Petitioner. Abul Khair Azim, Advocate — For the Respondent. Writ Petition No. 6035 of 2001. Judgment Md. Hamidul Haque J. - This Rule Nisi was issued calling upon the respondents to show cause as to why impounding of the petitioner’s passport, (bearing No. Q0506331) issued on ......nuddin Mahmud, Advocate — For the Petitioner. Abul Khair Azim, Advocate — For the Respondent. Writ Petition No. 6035 of 2001. Judgment Md. Hamidul Haque J. - This Rule Nisi was issued calling upon the respondents to show cause as to why impounding of the petitioner’s passport, (bea......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....e record from the High Court. It has been further contended that the court order dated 14-7-84 which was endorsed by the appointed Advocate is not the proper information in accordance with law as his power or vokalatnama was terminated after the disposal of the Miscellaneous case under Order IX rule....... 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 153/84 refusing to interfere with the order dated 16-9-84 passed in Miscellaneous Case No. 324/80 recording the orde......r the disposal of the Miscellaneous case under Order IX rule 13, CPC. It is further argued that Mr. A Sobhan was not in charge of the case under Order IX rule 13, CPC. The learned Advocate has emphatically submitted that it was incumbent on the court to inform the parties concerned about the arrival......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
....ther be dismissed nor removed from service, that in the absence of approval by the Appeal and Arbitration Committee, the Managing Committee of the School as per provision of Regulations 11 and 12 has power to impose penalty in other case except removal or dismissal from service, that the Board has s......y a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (Annexure-K to the writ petition) of the office of the Inspector of Schools, Secondary and Higher Secondary Educ......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497...
Category: Employment/Service Law | Date: | Hits: 133
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....aterials on record. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. We find no merit in the revision, which m......fs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties adduced evidence in support of their respective cases. At ab......e cases. The present petitioner as added defendant No. 7 in the suit on 11‑9‑2002 made two prayers before the Court-one for holding local investigation in the suit property and the other for re‑calling the witnesses for the plaintiffs. The latter prayer was allowed by the Court but the prayer ......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ll dated 27‑5‑99 issued to the petitioner, Annexure-C to the petition, is in accordance with the contract dated 10-7‑97 entered into by and between the petitioner and GrameenPhone inasmuch as power to collect royalty and licence fees could be acquired by Grameen Phone at any stage during the......the Constitution of the People's Republic of Bangladesh, issued at the instance of the petitioner, a subscriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and with......ticing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why they should not be directed to refund the money realised from the peti......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....atee, but may remain under the actual physical possession of the borrower so as to enable the borrower to use the same either as raw material or unfinished goods. A simple mortgage of movables with a power of sale is a mere hypothecation with the stipulation that in the event of the debt not being p......rance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limited and another...................Respondents (In Civil Appeal Nos. 64 & 65 of 200...... on them, and where a legal property in goods passes to the person who lends money on them, but the possession does not pass, it is hypothecation, the document by which the legal property is given is called a bill of sale. In cases of hypothecation, the hypothecated goods need not to be in the physi......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ers……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Gias Uddin (Mithu), Assistant Attorney-General-For the State (In all the cas......n and, though, each of the circumstances by itself may not be conclusive but the cumulative effect of proved circumstances must be so complete that it would exclude every other hypothesis and unequivocally point to the guilt of the accused. 27. Prosecution to bring home guilt of the convict-appel......mmon intention engrafted in section 34 of the Penal Code and, also, culpable homicide amounting to murder punishable under section 302 of the Penal Code the inevitable conclusion that flows is that a meeting of minds and a fusion of ideas took place amongst the convict appellants and in prosecutio..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... effect its closure would have on the livelihood of thousands who were directly and indirectly involved with the company. ETV Limited already had all the required skilled professionals and trained manpower to put the channel back on the air. It was equipped with modern, sophisticated, highly sensiti...... A Hasib with Kamal Ziaul Islam, Advocates-For the Petitioner (In Writ Petition Nos. 4607 & 4608 of 2003). Raisudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Att...... writ petitions are disposed of by this single judgment. 2. Writ Petition No. 4196 of 2003 has been filed by Ekushey Television Limited represented by its Chairman Mr. Abdus Salam. Rule was issued calling upon the respondents to show cause as to why the impugned memo dated 7‑6‑2003 (Annexure ......iled Writ Petition No. 4196 of 2003 on the basis of an alleged agreement signed on 31‑12‑2002 with the sponsor directors, foreign investors and others. The local directors knew nothing about this meeting and the agreement of sale of shares. The legally elected chairman of the Company on being ap..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....suit land; and the case reported in AIR 1989 Orissa 214. 12. The question raised at the Bar so seriously that it deserves a thorough consideration and determination of the nature and extent of the power of the Court under Order XXXIX rule 7 vis‑a‑vis Order XXVI rule 9 of the Code, to order fo......ekhar Ali and others.............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made absolute. Cases Referred to- Maulana Abdul Motin and others vs. Shah Alam Bhuiyan and others 41 DLR 244; Londa Colliery v......ute, however, without any order as to costs. The impugned order dated 8‑10‑2001 ordering inspection is hereby set aside. Order of stay granted at the time of issue of the Rule 11‑11‑2001 is recalled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proce......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
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