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Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....tor Corporation. The petitioner 2, the original owner, was appointed sole Administrator in 1978 who in order to get back the ownership of the industry created artificial financial problem so that the Government is compelled to return the ownership to him. Although there was no financial problem and ......rder upon the petitioner to pay wages and arrears to them since October, 1984 on the allegations, inter alia, that the petitioner 1 is a cigarette producing Industry of various kinds. On emergence of Bangladesh it was declared as abandoned under PO 16 of 1972 and was placed under Sector Corporation....... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Virginia Tobacco Co. Ltd. and others………………….Petitioners Vs. Chairman, Labour Court and others……………......Respondents Judgment June 13, 199......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..

Category: Labour and Industrial Law | Date: | Hits: 129

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....Articles of Association and the procedure laid down in the said letter shall be followed by the said company: "A. Provisions to be incorporated in the Memorandum and Articles of Association: i) Government will hold shares to the extent of 5% of the total paid up capital of Tk. 10 crores and sh......Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and opposite party No.1 Mr. Harunar Rashid Chowdhury, Joint Director, Banizing Control Department, Bangladesh Bank, Motijheel Commercial Area, Dhaka to show cause why petitioner Mustafizur Rahman, Ch......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Re......mber 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. The State, 23 DLR (SC) 41. Lawyers Involved: Moudud Ahmed with Md. Azizul Huq, Advocates ‑ For the Petitioner. Dr. Rafiqur Rahman with Serajur Rahman, Advocat..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....ad his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow Sc......ase is also Reported in: 45 DLR (HCD) (1993) 223. ......3. ...... 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... Respondent No. 4. Writ Petition No.102 of 1993. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper ......3) 220. ......�…..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involved: M Amirul Islam with Md. Nurul Huda and Raquibul Haque Miah, Advocates – For the Petitioner. Moudud Ahmed with Md. A..

Category: Election Law | Date: | Hits: 126

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....he link road connecting Green Road with Mirpur Road and the Planning Commission in its meeting dated 5.11.88 approved the scheme for 100 feet wide link road over the said building of the petitioners. Government on 12.11.89 informed the respondent No.1, Deputy Commissioner, Dhaka that subject to appr......e approval of the respondent No.2 dated 26.11.91 by the respondent No.1. We are to see now whether approval of CLAC is a legal requirement for the acquisition of the said land. 13. It appears from Bangladesh Gazette published on 6.5.1976 that by resolution dated 27.4.76 Ministry of Land Administr......��…………………………………Petitioners (In Writ Petition No.1059 of 1992) Majeda Khatun……………………………………….Petitioner (In Writ Petition No. 1060 of 1992) Vs. Deputy Commissioner, Dhaka and others………………….Respondents (In all the Petitions)......r as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....retary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR (HC) 123; Krishna Pada Dulta Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 42 DLR 297 (Para 15); Sumati Begum Vs. Refique Ullah and another, Criminal......mila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR (HC) 123; Krishna Pada Dulta Vs. Secretary, Ministry of Home Affairs, Government ...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- ...... Ashraf Bhatti, PLD 1975 (Lah) 234; Bindu Vs. Mst. Bugli, 73 PR 1909; AIR 1932 (Kah) 280; AIR 1938 Cal. 71; PLD 1949 Lah 75. Lawyers Involved: Ruhul Amin II, Advocate ‑ For the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Opposite Party. Criminal Revision No.1237 of 1990. Judg..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....Article 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 passed by the Registrar of Trade Union, Government of Bangladesh refusing registration of the Union as per section 23A of the Ordinance LI o......espondents. Writ Petition No.1903 of 1991. Judgment Anwarul Hoque Chowdhury J.- This rule arises out of an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 pas......2. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)

.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......ssed by the DCT". 2. The assessee was assessed to tax for the assessment year 1971‑72 under section 23(4) of the Income Tax Act, 1922 although a nil return was filed on 23rd May, 1977 by Philips Bangladesh Limited. The assessee carried on business in manufacturing and sales of electric bulb, ra......reme Court High Court Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Philips Electrical Company Ltd..................Applicant Vs. The Commissioner of Taxes (South) Zone, Dhaka......................Respondent Judgment ......ITR 38; RKB Motors and Timber (P) Ltd. Vs. CIT, (1968) ITR 794; Inland Revenue Vs. Sanderson, 8 TC 38; CIT Vs. M/s. Pakistan Match Co. Ltd. (1978) VI BTD 130. Lawyers Involved: Rafiqul Huq with Md. Mustifa Adil, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respo..

Category: Fiscal/Taxation Law | Date: | Hits: 109

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ...... (Criminal) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J S Surendra Kumar Sinha J Shahidul @ Buidda and others ...........................................Petitioners Vs. Mrs. Anwara Begum and others .......................................Respondents Judgment ...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..

Category: Criminal Law | Date: | Hits: 81

Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

.... of Muslims, that by the publication and circulation of the book it is intended to deliberately and maliciously outrage the religious feelings and beliefs of the Muslims of Bangladesh and as such the Government was justified under section 99A of the Cr.P.C. to forfeit the book. The respondent has fu......d. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......ginal Jurisdiction) Present: Sultan Hossain Khan J AM Mahmudur Rahman J Bangladesh Anjuman‑e-Ahmadiyya, represented by its Secretary, Umoor‑e-Ama…………………..Petitioner Vs. Secretary, Ministry of Home Affairs..................Respondent Judgment September 18, ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..

Category: Constitutional Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)

....ed Subordinate Judge relying on the decision in the case of Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45 held that the employee of a corporation not being an employee of the Government, relationship between them will be one of master and servant and further relying on the d......(Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Abdul Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Bazar, Po......ion (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Abdul Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Ba......�ing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Division V..

Category: Employment/Service Law | Date: | Hits: 108

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ......Respondent No. 2. Writ Petition No. 411 of 1985. Judgment Nurul Hoque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned judgment and order dated ....... ......ury J Chittagong Textile Mills Ltd................Petitioner Vs. The Chairman, Labour Court, Chittagong and another........Respondents. Judgment June 19, 1990. Lawyers Involved: Md. Khalilur Rahman, Advocate ‑ For the Petitioner. NH Khandoker, Advocate ‑ For the Responde..

Category: Labour and Industrial Law | Date: | Hits: 133

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

...............Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 178; Shawkat‑un‑nessa Vs. The State of Hydarabad, AIR 1950......itioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 178; Shawkat‑un‑nessa Vs. The State of Hydarabad, AIR 1950 Hydarabad at .............r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...

Category: Criminal Law | Date: | Hits: 98

Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... Bhuiyan J Abdul Latif (Md.)…………………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence,......�…………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka and oth......l Huque Bhuiyan J Abdul Latif (Md.)…………………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of D......Ed. This Case is also Reported in: 43 DLR (1991) 446...

Category: Administrative Law | Date: | Hits: 187

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......ination may be used as evidence in the following conditions: (1) if the medical officer who made the report is dead, or (2) if he is incapable of giving evidence, or (3) if he is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: DM Anseruddin Ahmed J Habibur Rahman Khan J Tariq Habibullah....................................Appellant Vs. The State.............................................Respondent. Judgment October 30, ........................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Criminal A..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....buildings and structures thereon appertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land from the then Government of East Bengal by lease deed execute a on 25.1.56 and registered on 22.3.56; that after g......ransfer the suit property but ultimately the said agreement fell through and no further transaction took place and the plaintiff remained absolute owner of the suit property; that after liberation of Bangladesh the defendant No. 1, M/s. Progati Industries Ltd. illegally and forcibly took possession ......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. ......y. Now we are to see how far the said purchaser company fulfilled the terms of the said agreement Ext. 4 with the deceased plaintiff and terms of the said decree Ext. 3 with the PICIC. 10. DW 1 Md. Mozammel Huq in his deposition proved Ext. 'C' dated 29.11.69, a receipt for Rs. 65,000/00, Ext...

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Badruzzaman J Bangladesh Shangbadpatra Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Infor......eported in: 43 DLR (1991) 424. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Badruzzaman J Bangladesh Shangbadpatra Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Minist...... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

....section 127) or punishable under section 108A, or section 153A, or section 294A, or section 295A, of section 505 of the same Code, unless upon complaint made by order of, or under authority from, the Government, or some officers empowered in this behalf by the Government." 7. In the present case ......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......417....... Ed. This Case is also Reported in: 43 DLR (1991) 417...

Category: Criminal Law | Date: | Hits: 70

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....Memo. No. F1‑1/Tribunal‑1/85 dated Faridpur 4.2.84 BS corresponding to 19.5.87 (annexure‑B) started further inquiry against the petitioner on the self-same occurrence under section 11(3) of the Government Servants (Discipline and Appeal) Rules, 1985 and put the petitioner under suspension. The......tioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Munshi Mozammel Hossain...................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others..........t July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader, Advocate ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney‑General- For the Respondent No. 1. Writ Petition No. 647..

Category: Administrative Law | Date: | Hits: 182

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ....... Ajit Kamal Dutta Gupta, 6 DLR 267; Hari Pada Dutta Vs. Jay Gopal Mukherji, 39 CWN 934; Sita Nath Mandal Vs. Soleman Molla and others, 51 CIVN 650; Dr. Jamshed Bakht Vs. Md. Kamaluddin, 1981 BLD 97; Bangladesh and another Vs. M/s. ATJ Industries Ltd. and others, 29 DLR (SC) 181; Dooni Lal Seal and ......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Motiul Hoque……………………………………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1......decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..

Category: Property Law | Date: | Hits: 87

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