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Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... Nos. 1-3. Writ Petition No. 16 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arising out of a petition under Article 102 of the Constitution is directed against a decision dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985 conver......espondent Nos. 1-3. Writ Petition No. 16 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arising out of a petition under Article 102 of the Constitution is directed against a decision dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....zal, P.W.6, P.W.7 Taher Howlader, Siddik Member, Shamsul Mai, Sadek Howlader, and P.W. 17 stated to him that they saw the occurrence. He also stated that he recorded the statement of Tofaazzal on the date of occurrence at the place of occurrence. He also stated that people of the locality dismantled......eration that pan of his evidence which gets support from other evidence and attending facts and circumstances of the case. In support of this view of ours reliance may be placed upon a Division Bench decision in the case of Nazrul Islam vs. State reported in 27 DLR 671. In delivering the judgment of..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
.... Habibur Rahman Khan - For the Petitioners. Not represented- the Opposite party. Civil Revision No. 413 of 1987. Judgment Daliluddin Ahmed J. - This Rule is directed against the order, dated 11.2.87, passed by District Judge, Munshiganj in Probate Case No.3 of 1986 rejecting the petit......emati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Supreme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- “The interest in the estate of the testator within the words of sec..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....1984, however, effective from 21.7.84, sub-rule (II) of Rule 7 provided as follows:- “In case of failure of the authority to take decision within one hundred and twenty working days from the date of communicating the charge under these rules or within one hundred and fifty working days from......rtunity need be given to cross-examine the witnesses, because the principles of natural justice do not embrace those rights. 16. The petitioner M.A. Hai appealed and in reversing the aforesaid decision of the High Court Division, the Appellate Division held in the said reported decision in ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....wal, Advocate—For the Respondents. Appeal from Original Decree No. 589 of 1991. Judgment Md. Abdul Aziz J. - This appeal at the instance of the plaintiffs is directed against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin ...... litigant cannot claim undue advantage on a technicality of procedural law”. 20. As stated above we have already found that the suit is premature and it is liable to be dismissed. In view of the decisions noted above and in view of our above findings, we are inclined to exercise our power confe..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during the subsi......tatutory rules and stating also that after the death of petitioner’s husband President Ziaur Rahman the government, in a meeting of council of ministers headed by President held on 12.06.1981, took decision to give huge financial and other benefits including a house with all modern amenities in Gu..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....on No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These petitions for leave are directed against the judgment and order dated 12.8.2008 of the High Court Division passed Death Reference No.46 of 2004 heard analogously wi......sain, reported in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiment have no part to play and accordingly emotion and sentiment must not sway their findings and decision and it is desirable that a judge should avoid expressing their filling, emotion and sentime..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....tion by the plaintiff, restraining the original defendants from proceeding with Arbitration and another for stay of proceeding of the suit in view of Arbitration clause in the Memorandum of Agreement dated 25th May, 2001 and for release of the vessel TT Kartikaayu by the defendants—are heard toget....... If the court stays the proceeding of this suit at his stage and allows the arbitration proceeding to continue, the arbitral award given by the Arbitrator in London might come into conflict with the decision of this Court resulting in more complications. 11. Therefore, in exercise of inherent ju..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ant Attorney General- For the State. Criminal Appeal No. 1693 of 1996. Judgment Md. Abdul Aziz J.- This appeal is directed against the impugned judgment and order of conviction and sentence dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants ......der section 395 of the Penal Code which the prosecution failed to prove and, as such, the impugned judgment is liable to be set aside. In support of his submission Mr. Enayetur Rahim has referred the decision in the case between Babul alias Abdul Majid Khan and ors Vs. State, reported in 42 DLR (AD)..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
.... inquest report as Exhibit 2 and his signature thereon as Exhibit 2(1). 5. PW 2 is Abdus Samad. He stated that he is the co-villager of the informant and used to know deceased Rajah Ali and on the date of occurrence he was in Dulauri Hut and the occurrence took place at about 7‑30/8‑00 PM and......t be held to be untrue or not voluntary. It is true that there is no corroboration on this confession by any other evidence other than the confessional statements of the co-accused but in view of the decision in the case of State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others reported in 29 DLR (..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....esented- the Respondents. Civil Petition for Leave to Appeal No. 642 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal is directed against the judgment and order dated 13.03.2007 passed by the High Court Division in Civil Revision No.1170 of 1998 making the Rule...... case no objection was raised up to execution and registration made on 04.05.1981. It appears that the Courts below have miserably failed to decide the question of limitation in the instant case. The decision arrived by the Courts below upon the question of limitation suffers from illegality in law ..Category: Property Law | Date: | Hits: 30
....t
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be declared to ......of 1987.
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should ..
Category: Labour and Industrial Law | Date: | Hits: 93
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....nstructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1354 of 2006. (From the judgment and order dated 16.7.2006 passed by the High Court Division in Writ Petition No. 94 of 2006.) Judgment ......petitioner. 3. The respondent No.1 in the writ petition contested the rule by filing affidavit-in-opposition stating that they did not refuse to pay the bill but the same was kept under review and decision would be taken after completion of the review. 4. Against this backdrop, the High Court ..Category: Others | Date: | Hits: 82
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
.... Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 s......ent land to give saham from plot No. 125 to the parties as per preliminary decree given by the court the decree was not executable, the court below committed error of law resulting in an error in the decision occasioning failure of justice in accepting the Advocate Commissioner’s report and passin..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
.... requisition in 1965 and, as such, the claim of the petitioners suffers from latches and inordinate delay after 34 years. Claim of the petitioners that they were directed to vacate the land by notice dated 20-4-99 has been specifically denied and in paragraph 15 of the affidavit-in-opposition it has...... notice of requisition as well as acquisition was served upon the said Abdur Razzak. Respondent No. 3 utilised only 14 bighas of land, 6 bighas and 13 decimals of land remained unutilised in spite of decision of the Government taken on 2-6-88 to utilise the same within three years and petitioner’s..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... Revision No. 1606 of 1999. Judgment AK Badrul Huq J. - The subject matter of challenge in this Civil Revision Petition under section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 o...... decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the case as ..Category: Property Law | Date: | Hits: 34
....
Not represented—the Respondents.
Writ Petition No. 1638 of 1996.
Judgment
MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board Case No. 442 (Pathar) 89-90 Patharghata ...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....s Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd.,......al Clauses Act the word “person” in Article 102(2) (i) and (ii) of the Constitution would include a juristic person like a company incorporated under the Companies Act. According to the aforesaid decision, even a company incorporated under the Companies Act performing function in the affairs of ..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....re as illegal and without any lawful authority and also asked for the protection of his fundamental right and of other citizens threatened to be violated by calling and observing ‘hartal’ on that date or in near future. From the submission made and citations placed by the learned Counsels of the......ng the citizens from working it leads to huge economic loss to the nation. 6. Mr. Maksudur Rahman, the learned Advocate for the petitioner, while arguing in support of the Rule has referred to the decision in the case of Bharat Kumar Palicha and another Vs. State of Kerala and others reported in ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....1 of 2010) Not represented-The Respondents (In Civil Petition Nos.767-769, 772-773 and 781 of 2010). Civil Petition for Leave to Appeal Nos.761,767-769,772-773 and 781 of 2010. (From order dated 21.03.2010 passed by the High Court Division in Writ Petition No.3503 of 2009 in connection wi......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
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