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Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......rashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. Lawyers Involved: TH Khan, Senior ...... also the contention of the petitioner that in the special meeting allegedly held on June 8, 2003 no resolution as required under the law was adopted to remove the petitioner and that the so‑called resolution may at best be the proceeding of a meeting but the said proceeding having been ta......ment of the requirement of section 13(1)(d) of the Ordinance because petitioner was not found guilty at the time of passing the order of removal by a competent Court, that convening of the special meeting for the purpose of removal of the petitioner from the office of chairman was without any la..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....hment;
(b) employed in a managerial or administrative capacity;
(c) who being employed in a supervisory capacity performs, by virtue of the duties attached to his office or by reason of the powers given to him, functions of managerial or administrative nature."
28. The definition......n for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of time on 31‑7-1998, he would be deemed to be present in his place of work since 31‑7‑1998 and is also entitled to his full emoluments. ......d, Advocates- For the Respondents.
Writ Petition No. 2935 of 2003.
Judgment
ABM Khairul Haque J.-This Rule Nisi was issued at the instance, of Chittagong City Corporation and 3 others, calling upon the respondents to show cause as to why the judgment and order dated 4‑11‑2002 (Ann......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....nce passed by the Tribunal without considering that there is no evidence to sustain the conviction against the petitioner and in such view of the matter the High Court Division failed to exercise the power under section 561A of the Code of Criminal Procedure for securing the ends of justice to quash...... Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorou...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......t within the meaning of section 241 which was section 162 of the 1913 Act. 7. I have examined the legal provisions as contained in the aforesaid sections of the Companies Act, 1994, (hereinafter called 'the Act') and these are the relevant sections which need to be considered in disposi......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....out jurisdiction and that the proper course would be to send the case back on remand for fresh trial under the general law. In that case this Court remanded the case to the Court of Magistrate having power to take cognizance of the offence for proceeding with the case in accordance with the provisio........Petitioner Vs. Md. Abu Taber ..............Respondent Judgment March 1, 2004. Result: The death reference is rejected & Jail appeal is allowed. Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh ......the main fact in relation to its constituent details; (ii) one which applies it to the details of such fact merely; (iii) one which applies it to the "surrounding circumstances" of some central fact, called, in contradiction, the "principal fact"; and (iv) one which applies it to the total whole com......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... lead us to believe that the learned Judge has exceeded the norms of a Judge and that the dispensation of criminal justice would not be safe in his hands. In all fairness, we are of the view that his power as a Sessions Judge should be withdrawn from him for the time being. 32. On consideration......Nazrul……………Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Tha...... he did not try to flee away. 10. The prosecution has tendered Halima Aktar (P.W.5). In cross-examination, she stated that Nazrul is not related to her, that she is a neighbour, that he was called as "Pagla Nazrul", that sometimes he became completely mad and chased people that a...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite parties Judgment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....nsive. Nor is one included in the other. A person tendering of a fact has to show that it is admissible under some provisions of the Evidence Act. It is not open to any judge to exercise a dispensing power, and admit evidence not admissible by law because to him it appears that the irregular evidenc......uiyan J State……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; S......sts also in part on the veracity and competence of some other person. The evidence of those who do not know the person but have only heard of his reputation is 'hearsay' statement made by persons not called as witness are inadmissible to prove the truth of the matters stated, except when such statem......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circulars issued by the Government from time to time framing regulations of transfer of such employees. The High Court Division rightly decided ...... No, 123 of 1999 making the Rule absolute. 2. The facts leading to this petition are that the respondent Parvin Sultana filed the above writ petition whereupon a Rule was issued calling upon the respondent (leave petitioner) to show cause as to why the impugned order to transf......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ...... 5, 2004. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submis......es and Exchange Ordinance, 1969. 20. The said section creates a legal fiction whereby a director, manager or other officer responsible to the company for the conduct of the company become automatically guilty of the offence committed by such company and is liable to be prosecuted, proceeded agai......e business of brokerage of the company. The respondent pleaded that she never visited the Dhaka Stock Exchange or any other Stock Exchange in the country. She as the Chairman used to preside over the meeting of the Company and sit in the Head Office. The brokerage business of the Company used to be ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....so and an application for rectification can be filed on limited grounds only, i.e., if any entry is made in the registry without sufficient cause or if any entry wrongly remains in the Register. This power conferred on the Tribunal by section 46 of the Act is also circumscribed by the provisions of ...... of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......d they resulted to a number of litigations but to no effect in the civil court and thus he has been compelled to file the instant application under section 46 of the Trade Mark Act, 1940 (hereinafter called "the Act"). In granting registration of the mark of the opposite party No.2 the pro......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....k of transparency. Mr. Mahmudul Islam while adopting the submissions made by Mr. TH Khan has further submitted that Water Development Board having invited tender bid in exercise of its enabling power to enter into contract under Article 17 of President's Order 59 of 1972 and compliance of any ......is also Reported in:......ovisions in the ITB. He has lastly submitted that the legal position as it stands in different jurisdiction is that allegations of mala fide or lack of transparency, etc. are to be clearly and specifically pleaded; but no such allegation was made in the writ petition. Hence a question of, great publ......in the evaluation process, introduced the story of non‑consideration of the Advocate's letter to pursue their narrow self-interest. That the Writ‑petitioners managed to procure the minutes of the meeting of the Tender Evaluation Committee‑ 1 of BWDB, held on 9‑1‑2003 in connection with the..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... and Divorces (Registration) Act, 1974 is violative of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh inasmuch as it gives an arbitrary, unfettered and unreasonable power to the Government to curtail the accrued jurisdiction of a Nikah Registrar without following a...... others.................................................Respondents Judgment December 9, 2003. Result: All the Rules are discharged. There is no vires in the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule ......s Registration Act, 1974 is as follows: 7. "Nikah Registrars: For the purpose of registration of marriage under this Act, the Government shall grant licenses td such number of persons to be called Nikah Registrars, as it may deem necessary for such areas as it may specify. 8. Provided...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter suc...... by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skidders called Monir (PW 3) to come to a meeting scheduled to be held on 16‑5Â-1999 between 9‑00 and 9â......iction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skidders called Monir (PW 3) to come to a meeting scheduled to be held on 16‑5Â-1999 between 9‑00 and 9‑30 PM at Ghat No. 4 adjacent to..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illegality in summarily rejecting the revisional application there is nothing to interfere. ………………………(11)
Cases Referred to-
Mustafa Aziz vs. Principal......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......ior teacher of tile school with the help of her nephew, Md. Adil and also being accompanied by few mastans and they also attacked the Headmaster of the school. Thereafter, the Managing Committee in a meeting held on 20‑2‑1992 and on 22‑2‑1992 constituted 3 (three) members enquiry committee a..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....ther....... Respondents Judgment November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to...... November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... (respondent Nos. 1‑4 herein) on May 29, 1994 the case plot was allotted to respondent Nos. 7 and 8 writ‑respondent Nos. 3 ) and 4) on June 6, 1994. The writ‑ respondent Nos. 3 and 4 executed a power of attorney in favour of the writ‑respondent No. 5 (respondent No. 9 in appeal No. 155 of 20......he matter of cancellation of allotment in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) ......what situations the principles of the Code of Civil Procedure will be applied and to what extent may perhaps be left to the wise discretion of the Court itself. In other words, barring what is specifically provided for in the Rules themselves, the Court is the master of its own procedure and it will...... on the very day on which nothings were made for the purpose of taking decision as regard cancellation of the plot allotted to the respondent Nos. 1‑4 and that policy decision that was taken in the meeting held on 25‑10‑93 was in respect of all the affected persons and the policy decision so t..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e himself at that stage of proceeding as contemplated in sub‑section (5). Here unfortunately, the learned Sessions Judge intervened rather prematurely. But could it be termed as illegal exercise of power? The Barisal Bench came to the conclusion in a cryptic manner, no doubt, that the first party ...............Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others ...... Criminal Miscellaneous Case No.7500 of 2003. Judgment Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon opposite party No.1 to show cause as to why the order dated 26‑5‑2003 passed by the......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.... of the Code of Criminal Procedure which is not warranted under the provision of law. 7. Mr. Abdul Malek, the learned Counsel appearing for the second party‑respondents, submitted that inherent power of the High Court Division under section 561A of the Code of Criminal Procedure can be invoked......nal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under section 146 of the Cr.P.C. to ......e ends of justice which, in our opinion, is ordinarily relatable to an exercise of authority without jurisdiction. It will be, therefore, in a very rare case, that the High Court Division will feel called upon to exercise its jurisdiction under section 561 A when the party has already exhausted ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....l Survey Record of Right containing C.S. Plot No.254 (in full) measuring an area of .61 acres. Exhibit-2 is Gazette Notification dated 25.11.1965 and Gazette Notification was published in exercise of power conferred by sub-section 4(h) of section 93A of Town Improvement Act of 1953 (Act of 1953). In......€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 56......more or less 14.2118 acres along with other plots had been listed. Exhibit-3 is Standard Lease Agreement dated 6.4.1981 for residential property between Dhaka Improvement Trust on the One part who is called the Lessor and Manager, Bangladesh Bank, Dhaka referred to as Lessee of the Other part. In sc......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
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