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Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....tended, inter alia, that the bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association, its business is managed by the Directors who exercised al I such powers and do al I such acts as authorised by the Memorandum of Association and Articles of Associat...... month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......r. Kamal Hossain with Rokanuddin Mahmood, Senior Advocates‑For Contemner‑Opposite. Parties. Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for ......he Bank Company Act, the contemner No. 2 vide letter dated 17‑7‑2003 posed three questions to Mr. KZ Alam and sought his guidance on those matters. Upon receipt of this letter, Mr. KZ Alam held a meeting with the Managing Director, that is, the contemner opposite party No. 1, on 18‑7‑2003 an..Category: Banking Law | Date: | Hits: 158
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....book while making submissions. 5. Let us first look into the relevant provisions of the substantive law relating to polythene shopping bag. Section 6 Ka of the Environment Conservation Act, 1995 empowers the Government to issue directions including imposition of ban or restriction on polythene sh......he Code of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. 2. That case was initiated on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storin......2. The definition of the word 'পরিদর্শক' clearly indicates that any person can be authorised to exercise the powers of 'পরিদর্শক' and the above notification has specifically authorised the Sub-Inspectors of Police for the offences relating to polythene shopping bags. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....lenged the orders nor appeared in the Rules. 32. Now, let us take up the first issue first. Conflict in the decisions of the High Courts of the Sub‑continent continued for a long time over their powers in the exercise of discretion under section 115 of the Code of Civil Procedure. It appears, t......ntiffs for temporary injunction were rejected and earlier order of status quo vacated. As the issues raised in both the Rules are the same and contesting parties are common, both the Rules were heard together and now disposed of by this order. 2. On 8‑11‑2001 opposite party No. 1, Tripos Engi......timate decision of the trial Court in rejecting the application for temporary injunction and vacating its earlier order of status quo did not result in any failure of justice, and therefore, does not call for any interference. 52. In the result, both the Rules are discharged with cost. The trial ......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....ad law, the termination order is absolutely a nullity and without jurisdiction, in view of the fact that the petitioner bank on the date of issue of the order of termination of the plaintiff, had the power and was authorized to issue such order of termination of service under Rule 13 of Uttara Bank ......ision Judgment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza ......the provisions of Section 21 (a), (b) read with Section 56(f) and Section 42 of the Specific Relief Act. Since the plaintiffs' service was a contract of personal service and incapable of being specifically enforced and consequently, the plaintiffs suit ought to have been dismissed by the Courts belo......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......etitioner. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the High Court ...... that any meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Chairman of the Governing Body of PROSHIKA and forming a five member Managing Committee and calling a General Meeting on 9th June, 2009 are illegal, void and collusive, and for permanent injun......on No. 2323 of 2009 making the rule absolute in part. 2. Facts relevant for the disposal of this petition are that the petitioner instituted Title Suit No. 302 of 2009 seeking declaration that any meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Ch..Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....trative Tribunal until such higher authority has taken a decision on the matter". The applicant must be an aggrieved person by any order or decision or action taken by the authority which confers the powers and jurisdiction of the higher Administrative Tribunal subject to fulfillment of two conditio.................Appellants Vs. A.B.M. Siddique Mia…………………………………………….........Respondent Judgment May 5, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General (with A.S.M. Nazmul Haque, Assistant Attorney- General), instructed by B. Hossain, Ad......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....egally rejected the plaint and as such the Rule is liable to be discharged with cost. 8. I have seen the provisions of sections 40, 81 and 102 of the Wakfs Ordinance, 1962. Section 40 provides for power of Mutwalli to apply to the Administrator of Wakfs for any opinion, advice or clarification, S......1 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committ......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......ocate—For the Petitioner. Shaheed Ahmed Advocate—For Respondent No.1. Writ Petition No. 2277 of 1996. Judgment Md. Abdul Matin J. - This Rule was issued calling upon the respondents to show cause as to why they should not perform the function of releasing the unused acquisitioned p......rs Involved: AKM Faiz, Advocate—For the Petitioner. Shaheed Ahmed Advocate—For Respondent No.1. Writ Petition No. 2277 of 1996. Judgment Md. Abdul Matin J. - This Rule was issued calling upon the respondents to show cause as to why they should not perform the function of releasi......or the construction and development of Kamalapur Railway Station. It was validly acquired and it vested in the Government. 9. Annexure-‘A’ to the writ petition is the summary or substance of a meeting held in the Ministry of Land expressing the policy of the Government to release unutilised l..Category: Property Law | Date: | Hits: 28
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......…………..Respondent Judgment August 6, 2001. Result: The appeal is dismissed. Lawyers Involved: Mahmooda Begum, Advocate—For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha ......sed Md. Salim and requested them to pacify Md. Salim. At this accused Md. Salim got infuriated. At about 7-30 PM on 28-8-94 when Mohsena went to the urinal near their dwelling house to respond to the call of nature accused Md. Salim suddenly appeared there and after pouring petrol over her body set ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e may be some irregularities. 5. Mr. Mizanur Rahman Bhuiyan, the learned Advocate for the petitioner, submits that late Alimuddin did not acquire any title in Ka schedule property and so he had no power to execute the deed dated 25-8-77 which, in fact, is a deed of will and not a deed of gift and......f, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. T......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......Writ Petition No. 535 of 1994. Judgment Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 19-3-94 passed by the respondent No.1 the Chairman,......e—For Respondent No. 2. Writ Petition No. 535 of 1994. Judgment Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 19-3-94 passed by the ......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
.... is employed mainly in a managerial or administrative capacity, or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to office or by reason of power vested in him, functions mainly of managerial or administrative nature”, In clause XXVIII......or disposal of the Rule, in short, are that, the petitioner as plaintiff brought above suit against the defendants on the averments made in the plaint that he is an employee of the Urea Fertilizer Factory at Ghorasal (hereinafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 ......erent professional groups of pesh Imam, Muazzins, teachers of School and College, staff members of Medical Centre and Hospital though run by the factory management by no stretch of imagination can be called “Workers” or “Workman” as defined in the aforesaid 2 clauses. In support of this cont......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
....the Court of first instance had the jurisdiction to decide all these issues.
18. Now we are to interpret Article 144 of the Constitution but as much as necessary in the instant suit. Article 144 empowers the executive authority of the Republic to sell, transfer, mortgage and dispose of the public......Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Plaintiff.
Abdul Quaiyum, Deputy Attorney-General—For Defendant Nos. 1-5(ka).
Khondaker Mahbubuddin Ahmed, Advocate—For the Defe......e defendant No.6, submits that the suit is not maintainable under section 42 of the Specific Relief Act because there was no obligation on the part of the Government, either under law or contract, to call upon the plaintiff to participate in the allotment of the suit land or, in other words, plainti......nd the suit land was classified as institutional plot, that the defendant No.6 proposed to construct a hospital on the suit land and accordingly, inquiry was held, that the Allotment Committee in its meeting granted lease of the suit land to the defendant No. 6 and that the lease was neither imprope..
Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....t be pulled down. Suit was found to be barred under Order II rule 2 of the Code. In the circumstances, the learned Single Judge held that provisions of rule 35(3) of Order XXI of the Code do not give power to the Court to direct demolition of structures kuchcha or pucca. 8. Case of Md. Mokarram A......, Advocate—For the Petitioners. Shahidul Islam, Advocate—For Opposite Party No. 1-7. Civil Revision No. 78 of 2001. Judgment Md. Abdur Rashid J. -This Rule was obtained by judgment-debtors upon making an application under section 115 of the Code of Civil Procedure against order dated......lications, the execution Court by its dated 22-6-2000 rejected the execution proceedings altogether. 4. Then on 23-7-2000 the decree-holders made an application under section 151 of the Code for recall of said order dated 22-6-2000 and issue of a fresh writ of delivery of possession on the ground......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Ad......intiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 as on 29-8-92. The defendant/ opposite parties after appearing in the said suit, took time on 30-11-92 and 11-1-93 for filing written statement and then 18-2-93 the next date fixed ......hat relevant time, the opposite parties could not attend the court on 17-3-93, exercised that power. Mr. Mahmud next submits that revisional jurisdiction of the High Court Division having been specifically excluded by section 6 of the Artha Rim Adalat Act and further in the case of Sultana Jute Mill...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....khan, survived Sudhanya. Anil died unmarried and Makhan died at the hands of Pak Army. Their shares devolved upon Sunil, who die leaving two sons Danu and Manuj. Manuj led no family life. Danu gave a power of attorney to one Shahidullah and said Shahidullah entered with the petitioner into agreement......ision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil ......mants in possession of the land on their own rights before dispossession by the Court and that the claimants were judgment debtors and upon such findings, or restoration of possession, which does not call for any interference. 15. Only issue before us is, whether the executing Court was wrong in ......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......KS Salahuddin Ahmed for M. Ziaul Hasan, Advocate—For Respondents No. 5. Writ Petition No. 2612 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondent Nos. 1-3 to show cause as to why the impugned Memo No. Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/......l, Advocate—For the Petitioner. KS Salahuddin Ahmed for M. Ziaul Hasan, Advocate—For Respondents No. 5. Writ Petition No. 2612 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondent Nos. 1-3 to show cause as to why the impugned Memo No. Bim/Dba-1/G 10/99......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....ch violation the shareholder directors did not get any notice of the Board meeting of SIBL. To get a notice is a statutory right. Section 95 is a substantive provision and this court in its residuary power may interfere whenever it finds injustice is done and in this particular case injustice is don......Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......rs. The petitioners, however, managed to obtain copies of the said notices (Annexures H and I). 6. Despite the court’s order of stay, the SIBL at the initiative of its present Chairman illegally called 64th Board Meeting on 8-7-2001 (Annexure J) and in that meeting a resolution was adopted to c......atter No. 78 of 2001 an application is made for direction upon the respondents for compliance of section 95 read with section 233 of the Companies Act, 1994 and to allow the petitioners to attend the meetings of the Board of Directors of the respondent No. 1 company. 2. The facts, in short, are t..Category: Company Law | Date: | Hits: 208
....ther any application of the same trade mark was pending before him. Such omission on the part of the Registrar to carry out a search, only gives the scope for giving conflicting decision and abuse of power and damaging public interest. In this particular case the Registrar has not exercised his duty...... expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......etitioner did not file counter-statement under section 15 of the Trade Marks Act read with Rule 32 and, as such his application would be deemed to be abandoned. He further submits that it is not physically possible for the Registrar to give notice to all the applicants. The learned Advocate further ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
....mportance, questioning the very validity of all the martial law instruments, inclusive of the proclamation of martial law itself, General Hussain Mohammed Ershad, purportedly, issued on assumption of power on 24th March 1982 and all other instruments that emanated from the authoritarian ruler duri......y the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Respondents
Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1...... persons guilty and sentenced them to suffer imprisonment for life and to pay fine of Tk.1000.00, or to suffer another period of rigorous imprisonment in default.
15. A Lieutenant Colonel, on a so called review, affirmed the conviction and then Lieutenant General Hussain Muhammed Ershad, as the C......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
..
Category: Constitutional Law | Date: | Hits: 482
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