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Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ces under this Ordinance and such other offences under any other law as the Government may, by notification in the official Gazette, specify in this behalf; (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or......r 1 MLR 199. Lawyers involved: Md. Nawab Ali, Advocate—For the Petitioner. Tufailur Rahman with Israt Jahan, Advocates—For the Respondent No. 2. Zaman Akhter, Deputy Attorney-General with Sk Taimur Reza Hasan, Assistant Attorney-General—For the Respondents. W......san, Assistant Attorney-General—For the Respondents. Writ Petition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the L......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....It has further been stated by the respondent No. 2 that to clear up the principal dues of the petitioner the respondent No. 2 along with business partner Mr. Shahjahan Chowdhury gave the petitioner a power of attorney to sell a piece of land situated at Iswardi which the petitioner on the strength o......eement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to in......ult. 5. The respondent-company having failed and neglected to make payment of this admitted indebtedness, the petitioner sent a statutory notice dated 9-7-94 under section 163 of the Companies Act calling upon the respondents to pay the petitioner the said amount of Taka 5,00,000.00 with outstand......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....nancy agreement to Esso Standard Eastern Co. for constructing a petrol pump and after liberation the said petrol pump was transferred to Meghna Petroleum Co. Ltd, and thereafter, the plaintiff gave a power of attorney in favour of his brother opposite party No. 1 Azmal Khan to look after his share o...... Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- Kazi Abdul Khaleque vs. Kazi Fazlur Rahman 34 DLR 278; Badhu and others vs. Ghulam Shah 15 DL...... 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defendant 2 (hereinafter called the opposite party No. 1) in the suit and by the same order rejecting an application filed by......s further contended that according to the partition deed dated 23-4-1956 the plaintiff and defendants were jointly managing their partnership business including petroleum business and thereafter in a meeting under the presidentship of late Amanat Khan by agreement dated 1-9-1961, the plaintiff and d..Category: Property Law | Date: | Hits: 42
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....he cases which are sent for trial alter taking cognisance. The Tribunal is not authorised by law to take cognisance of any offence. In the present case only Nari-o-Shishu Nirjatan Daman Tribunal is empowered to take cognisance of the offence under section 27 of the Ain, 2000 which runs in the follow......54 = 45 DLR (AD) 140. Lawyers involved: Khandker Mahbub Hossain, Senior Advocate with MB Taj Mohammad and Shah Mohammad Ali Advocates — For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General— For the Respondent. Criminal Appeal Nos. 4288, 3854 and 3713 of 2003. Judgme......ma (PW 2) daughter of informant (PW 1) and her cousin victim Khadiza Begum (PW 3) were sleeping at the parlour of dwelling hut of Khadiza. At about 1000 PM Victim Khadizaa came out to respond natural call. Victim Nasima followed her with a lamp (কুপি বাতি). All on a sudden accused na......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......eikh Abdul Awal J Jugal Kumar Das (Shovon Ahmed)………….. .Appellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. ...... was her home tutor. In cross-examination, this witness admitted that Jugal's residence was only 1/2 a mile away from that of his house and for the last 5 pears has been tutoring his daughter on home call. He admitted that the reading room was separate and the victim alone was tutored by Jugal and w...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....offender in respect of the offence or taking steps to see whether there is any basis for initiating judicial proceedings or for other purpose. 30. It is a fact that the Magistrate has got wide power under section 190(1)(c) of the Code of Criminal Procedure to take cognisance of any offence ev......………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revisi......missed the appeal affirming the judgment and order dated 10-10-1999 passed by the learned Metropolitan Magistrate basing on the facts and circumstances of the case and evidence on record which do not call for any interference. 13. The prosecution has examined 4 witnesses in support of its con......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... to register the transfer without assigning any reasons for the refusal. The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of the power reserved to it by the Articles of Association of the company. The relevant article being Artic......, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All......s to register the transfer of the said shares. In view of the non-compliance of the company the petitioner finally had no option but to cause a legal notice dated 19-12-1993 to be served on the board calling upon the board to register the said shares in the name of the petitioner. Instead of complyi......petitioner’s request to register the transfer of the said shares in his name and, in fact, deliberately kept the matter in abeyance at the instance of certain interested quarters. At the 88th Board meeting the Directors of the company considered 46 different transactions involving the transfer of ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....e status of the Election Tribunal. Apart from this he has submitted that there are indications enough in rule 47, 48 and 49 under Ordinance 51 of 1983 to hold that the Election Tribunal had all the power of the Civil Court including the power to issue an order of injunction as an interlocutory m......Present: AKM Sadeque J Mahmud Hussain...........................Petitioner Vs. Sayeb Ali & ors.............................Opposite party Judgment December 6, 1988 Cases Referred to- 27 DLR 388, 28 DLR 189, 29 DLR 111, 38 DLR (AD) 172, 37 DLR 71, 38 DLR (AD), 172, 38 DLR (HC......he Election Tribunals at the apex (appellate stage) are civil Courts but Election Tribunals at the bottom are not civil Courts. 16. It may be pointed out that rule 45 of the Ordinance, 1983 specifically sets out the remedy in Election petition, both remedies are declaratory. An order of injunctio...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
.... of the Penal Code are very much attracted in this case. Exception 1 of section 300 of the Penal Code reads as follows:- "Culpable homicide is not murder if the offender, while deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the p......howdhury J Muhammad Ansar Ali J Momin Malitha & ors......................... Appellant Vs. State ...............................Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 ......amined by the prosecution and the defence. 20. P.W.4, Kauser Ali who is the son of the informant was declared hostile. A suggestion though denied was given to this witness to the effect that Karim called him and others to stack Momin's house and they trespassed into Momin's house and injured Momi......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... competent courts all over this sub-continent including the High Court of Judicature of Indian Jurisdiction. 9. This addition of parties or rejection of addition of parties, in exercise of the power under Order 1, rule 10, being a discretion of a Court, may not be interfered with unless it co......dhury J Ishaque Hossain Chowdhury...........................Petitioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Abdul Aziz Cho......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....making the order that the petitioner is to repay the entire money due to the complainant opposite party has got substance. Mr. Abdul Momen Chowdhury very candidly submitted that the Court has no such power and he is unable to support this part of the order passed by the Court below. A criminal court......nal) Present: A M Mahmudur Rahman J Mohammad Musa................. Petitioner Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Invol......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....be ordered by the Executing Court. The learned Subordinate Judge there upon passed the following order No.5 dated 20.4.86:- "The Bangladesh Shipping Corporation files a petition along with a fresh power praying for time for depositing the decretal amount into the Court on the ground stated in the...... Judgment April 28, 1987. Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad......ioner Bangladesh Shipping Corporation has got no money (debt) payable .to M/s. Saturn Commercial Enterprise (the Judgment-debtor) and therefore, the instant Money Execution case (M. Ex. 3/86) automatically fails in its result. It is, therefore, prayed that the Court would be pleased to dismiss the M......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....sion was passed on 19.11.861md the charge-sheet under Statute 7 was framed on 15.12.86. Mr. Moinul Hossain as such submits that the order of suspension was illegal having been passed in derogation of powers under Clause(2) of Statute 15. 11. Mr. Rafiqur Rahman, learned Advocate for the respondent......d against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the signature of the respondent no. 4, the Assistant Registrar and Secretary to the Vice-Chancellor, Bangladesh University of Engineering & Technology, Dhaka suspending the ...... the procedure in the following paragraph shall be observed. (2). The authority may, if it thinks fit appoint an officer or a teacher of the office or department to which the employee (hereinafter called the delinquent) belongs or an officer of or teacher of any other office or department of the ......gainst the petitioner were proved to be true. Under the circumstance, the Syndicate, the highest authority of the University under the University Ordinance and Statutes, decided it appropriate in its meeting held on 17.11.86 that the petitioner should be suspended and disciplinary proceedings should..Category: Criminal Law | Date: | Hits: 74
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... 39 DLR 11, to which one of us was a party, in support of this submission of his. It is also his submission that the question of res judicata does not arise and in any case this is not an exercise of power under section 151 of the Code of Civil Procedure, but an exercise of discretion of the Court, ......costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......from moving the application on 19.2.84. He then rejected the opposite parties' application and fixed 28.3.84 for order. The defendant-opposite parties thereafter filed an application on 28.3.84 for recalling the Court's order dated 19.2.84 and for allowing the defendants to contest the suit after ac......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rliament Member. These statements in Bengali in fact are identical with the statements which we have seen mentioned above published in the two Daily English Newspapers. 8. It is submitted that all powers in the Republic belong to the people and their exercise on behalf of the people can be affect......t: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745......n Jurisdiction and several provisions of the Constitution of the India as well as the provisions of Bill of Rights, 1689 and also the Constitution of the United States of America. In that case specifically, like the present one, Article 78(3) of our Constitution was the subject matter for considerat......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....s thereof are illegal and without lawful authority. It has been further asserted that the detenu has been detained at the behest of the interested quarters which is nothing but colourable exercise of power. It further appears from the newspaper report that a specific criminal case under section 25 B......Legal Aid and Services Trust (BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Judgment April 18, 1999 Cases Referred to- Bhim Singh, MLA, Vs. State of Jammu & Kashmir and others, AIR 1986 (SC) 494; Rendal Sah V......Khan, Assistant Attorney-General-For respondent No.1. Syed Khalequzzaman, Advocate-For Respondent No.4. Writ Petition No. 4191 of 1998 Judgment Md. Fazlul Karim J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Md. Zaved now being detained in Dhak......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....red by different NGOs, such as, Foundation for disadvantaged women, and Organization for Social Enlistment (OFSE) and Dushto Shasto Kendro who have started a micro credit programme for the economic empowerments of the vulnerable and destitute women of the said Basti which are duly approved by the Go...... Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs. Union of Indi......istant Attorney-General-For Respondent No. 9, A.K.M. Nazrul Islam, Advocate-For Respondent No. 12. Writ Petition No. 5915 of 2005 Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos.......area. The respondent No. 2 by its office letter dated 29-6-1998 requested the Chief Engineer, Directorate of Public Works to give a detailed report. Thereafter, complying with all formalities, in the meeting of land allotment committee, the office of the Commissioner of Settlement dated 13-12-1998 d..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....must be able to overturn unconstitutional law passed by the Parliament, it must overrule the police, the bureaucrats, and the Army, the President or the Prime Minister. Only when the Court has this power can it protect the citizen from the state. 162. Moreover, the Court must protect bureaucr......ation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything tha......ntempt Rule was issued on him on 22-11-2000 to show cause as to why he shall not be found guilty of contempt of court and punished accordingly. It is true that he was not asked to show cause specifically about his talking to the learned judge before the delivery of the judgment but nevertheless......mal Hossain, though holding Ministry of Foreign Affairs, twice visited England to consult two very eminent British Constitutional experts of the Oxford University and he made it public in a public meeting in London where both of us were personally present. There is no doubt that concept of judic..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....out plans such amenities were provided for by earmarking some land as parks, play grounds, community centres, School, Mosques etc. Contention of the learned Advocate for the RAJUK that in exercise of power under section 40(b) it can change the layout plan converting the open spaces into residential ......he instance of the petitioner Md. Mohshinul Islam allottee of plot No.32 of Deed No.6 Section No.4, of the Uttara Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been m......badul Haque J.- Rule in Writ Petition No.1001/93 was issued on 22-6-93 at the instance of the petitioner Md. Mohshinul Islam allottee of plot No.32 of Deed No.6 Section No.4, of the Uttara Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why l......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of......ion under section 115 of the Code of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made a......there was difference with regard to the loss suffered by the opposite party and the petitioner was not willing for arbitration, the Court has rightly appointed the arbitrators and such order does not call for any interference. He also cites the decision in the case of the Union of India Vs. DP Singh......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
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