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Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)

....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......5 of 1993. Judgment Md. Abdul Aziz J.- In this writ petition filed by Carew and Company (Bangladesh) Limited, a Rule was issued calling upon the respondents to show cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not b......this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......98) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 281

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been ......lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390....... 50 DLR (HCD) (1998) 390...

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....denying the facts alleged by the claimant or from disclosing the basis of treating the property as abandoned property when it is disputed. Section 5(2) of the Ordinance clearly provides that the list published under sub-section (1) shall be conclusive evidence of the fact that the buildings included......d as being inconsistent with Articles 27 and 42 of the Constitution of the People’s Republic of Bangladesh. In the aforesaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, ......m ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ...... DLR (HCD) (1998) 372. ..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplined force and the impugned orders relate to the terms and conditions of service of the Defence personnel and, as such, this pet......discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... ..

Category: Employment/Service Law | Date: | Hits: 244

Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......ted 21-9-1982 pasted by the High Court Division, Jessore Bench, in Criminal Revision No.87 of 1981). Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order 21.9.82 passed by a Division Bench of the High Court Division, Jessore Bench, in Criminal Revi......ion. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......lice submitted charge-sheet against the appellant and several others under various sections of the Penal Code, including sections 436 and 302. The case seems to have a chequered career. On 28.6.71 one Kazi Habibur Rahman and four of his children were killed by gun shot injuries and their house wa..

Category: Criminal Law | Date: | Hits: 82

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......For the Appellant. B. Hossain, Advocate-on-record - For the respondent No.1. Ozair Farooq, Advocate-on-record - For respondent No.2. Criminal Appeal No.22 of 1982. (From the judgment and order dated 27 August, 1982 passed by the High Court Division in Criminal Revision No.444 of 1980). ......roceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......e Officer in the Local Parished Service on 1.6.64. It appears that in 1978 he was transferred to Rangpur Zilla Parished for the reasons he stated that he fell out from the grace of the Deputy Commissioner, Bogra he was transferred on 2.10.78. Immediately thereafter a Criminal case under MLR No.11 of..

Category: Criminal Law | Date: | Hits: 81

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ion against the propounder for making an application for Letters of Administration. In our opinion there is no scope for speculation in search of suspicion." 9. Being aggrieved by the judgment and order of the High Court Division the defen­dant-appellant moved this Court and obtained leave to co......others………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataiah Vs. Venkata Subbaiah, AIR 1968 SC 1332; Purnima Debi Vs. Khag......however, withdrawn on June 8, 1946 with liberty to file a fresh petition for probate which was never filed by the executor who died leaving behind the plaintiff respondent and others as his heirs. As one of the sons of the executor, plaintiff respondent succeeded to all the rights and benefits under..

Category: Property Law | Date: | Hits: 80

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......ocate-on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-on-record - For the respondents. Civil Appeal No.120 of 1982. (From the judgment and order dated 11.1.1982 passed by the High Court Division in Civil Revision No.1479 of 1979). Judgm......order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......learned District Judge observed: "It is to be decided first whether Monoranjan predeceased his father, whether vesting of 1/5th property was legal and whether the lease of 1/5th share to the petitioner is legal and binding on the O.P. So, without coming to a decision on these above points, ejectm..

Category: Property Law | Date: | Hits: 113

MA Sattar Vs. State, 1997, 26 CLC (HCD)

....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......rney‑General ‑ For the State. Criminal Appeal No. 903 of 1997 Judgment Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28‑4‑97 passed by the Special Tribunal Judge, Court No.1 Narayangonj in Special Trib......n his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258....... Special Tribunal Case No.213 of 1996 arising out of Narayangonj PS Case No.5 dated 3‑12‑95 under sections 3/4 of the Explosive Substances Act, 1908. 2. The prosecution case, in short, is that one SI Md. Awal Hossain along with his police force went to Nimtali area of Narayangonj on 3‑12‑..

Category: Criminal Law | Date: | Hits: 90

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... of 1992. Judgment Habibur Rahman Khan J. - At the instance of the petitioner Agrani Bank, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortga......ute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... Division (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Agrani Bank……………………………………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment..

Category: Civil Law | Date: | Hits: 116

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32....... improvement in technical, managerial, labour and financial factors of individual mills." So the Government constituted a high powered committee giving the outlines for making the guide‑lines in order to levy and collect the excise duty on the factories. The Committee submitted its report and s......tention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32....... Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another............

Category: Fiscal/Taxation Law | Date: | Hits: 199

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

....the 'show cap' being a novelty, should not have been granted. Moreover, the registration of the design of the petitioner predates the registration of the respondent's design and, as such, was already published in Bangladesh. 5. The respondent's case, as set out in his counter affidavit, is that t......er started filing several suits both under the Trade Marks Act and Patents and Designs Act, with applications for the issuance of an injunction against the respondent, and having failed to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancella......ter of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437....... 50 DLR (HCD) (1998) 437...

Category: Intellectual Property Law | Date: | Hits: 192

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 3960 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 30‑11‑96 passed, by the learned District Judge, Noakhali, in Miscellaneous Appeal No......n: 50 DLR (HCD) (1998) 434.......This Case is also Reported in: 50 DLR (HCD) (1998) 434...

Category: Civil Law | Date: | Hits: 93

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... Begum, Advocates - For the Opposite Party. Civil Revision No.117 of 1995. Judgment MM Ruhul Amin J. This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4-9-94 passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No...... as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... in: 50 DLR (HCD) (1998) 431. ..

Category: Civil Law | Date: | Hits: 121

Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)

....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......il Revision No. 4118 of 1991. Judgment Syed Amirul Islam J.- This Rule arises out of an application filed under section 25 of the Small Cause Courts Act and is directed against the judgment and order dated 22-6-86 passed by the then Munsif and SCC Judge of Serajganj in Miscellaneous Case No.54......s Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate - For the Opposite Parties. Civil Revision No. 4118 of 1991. Judgment Syed Ami......Reported in: 50 DLR (HCD) (1998) 429...

Category: Procedural Law | Date: | Hits: 82

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate on Record - For the Respondent. Criminal Appeal No. 23 of 1983 (From the order of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of ...... I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......Criminal Appeal No. 23 of 1983 (From the order of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I wou..

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, La­bour Court, Chittagong & another, 1977, 6 CLC (AD)

....of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ...... (From the Judgment and Order dated 28.5.1973 passed by the High Court Division in petition No.90 of 1973) Judgment Debesh Chandra Bhattacharya J.- This appeal by special leave is against an order of a Bench of the High Court Division, rejecting sum­marily an application made by the appell......r as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ......tlement as made between the management, Appellant No.1, and the representatives of the Union, Respondent No.4, was signed on 1-1-73, the said Abul Bashar being a sig­natory to the said Memorandum as one of the representatives of the Union, Respondent No.4. Respondent No.4, however, made an appli­c..

Category: Labour and Industrial Law | Date: | Hits: 167

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......gh Court. 8. On the exercise of the power of remand, we get clear indication from a reading of S.103 of the Code which has clothed the High Court with the power to determine also issues of fact in order to avoid remand of cases as far as pos­sible. In this view of the matter, we cannot entertain......t, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......The learned Munsif was right in discarding the evidence of D.W.7 Akmal Ahmed, whose demeanour was recorded by him, as suspicious, as he evaded the question, and would not answer directly. He was the lone witness, who is supposed to be the person who gave independent advice. Therefore, there was no e..

Category: Property Law | Date: | Hits: 73

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. Criminal Appeal No.19 of 1982. From the judgment and order dated 21-8-1982 passed by the High Court Division in Criminal Revision No.66 of 1980. Judgm......ddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ndent. Criminal Appeal No.19 of 1982. From the judgment and order dated 21-8-1982 passed by the High Court Division in Criminal Revision No.66 of 1980. Judgment Fazle Munim CJ.- I have gone through the judgments Written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ; I concur wit..

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....y body or a body corporate or a local authority. This aspect of law has been settled by the Supreme Court of Bangladesh in a decision reported in 45 DLR 360. 16. On 13.01.2009 an advertisement was published in the Daily Prothom Alo and Daily Star for renting the floor spaces of the said building ......d between them on 09.04.2009, for the lease of the aforementioned floors for a period of 12 years and therefore, the agreement signed pursuant to that decision, is without lawful authority. 12. In order to carry on business in the demised premises the respondent no.1 has to obtain trade license f......m leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......so Reported in:..

Category: Property Law | Date: | Hits: 159