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BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....r Court that the services of the respondent-workers were terminated for their alleged trade union activities should not be disturbed because it is not a case of no evidence. This Court exercising the power under the writ jurisdiction is not a Court of appeal to reconsider the entire evidence on reco...... Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and a......ing disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed ......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....les. In 1970, BADC had an internal procedure namely, BADC Recruitment and Promotion Procedure which was revised by the Board of Directors in its meeting held on 28.10.1972. The Board being lawfully empowered made further amendment of the promotion procedure in its meeting dated 19.12.1989 introducin......itioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment August 7, 2005. Result: The Rule is made absolute. Case referred to- Bangladesh Agricultural Development Corporation Vs. Giasuddin Ahmed and others, 25 BLD (AD) 1...... Rahman, Advocate - For Respondent Nos. 1-6. Writ Petition No.2115 of 2003. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon respondent No.1 to show cause as to why he should not be directed to cancel the proceed......re-A). The petitioner was posted as Deputy Director (ASC) with the current charge, vide memo dated 4.6.1989. The Board of Directors of BADC arbitrarily amended the Service Rules, 1972 in its 7m Board meeting held on 19.12.1989 introducing the system of viva-voice for promotion to the post of Executi..

Category: Employment/Service Law | Date: | Hits: 144

Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....1 of the Code of Civil Procedure for consideration at the time of hearing. 14. Now let us see the provision of law under which party can be made in a partition suit. 15. Sub Rule 2 of Rule 10 empowers the Court to add any person as a party to the suit on either of two grounds. (i) he ought ......……………………Petitioners Vs. Ratan Bibi and others………………………Opposite parties Judgment March 11, 2007. Result: The Rule is made absolute. Case referred to- Anil Kumar Vs. Shivnath (1995) 3 SCC 147. Lawyers Involved: Abdul Quddus, Advocate - Fo......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..

Category: Property Law | Date: | Hits: 85

Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

....eption has been made in respect of a final order under Order IX rule 13 CPC. In both cases appeal will be to the High Court Division. There is room for argument that both the appellate and revisional powers of interference with any "order", interlocutory or otherwise, is expressly barred by section ......��……Petitioner Vs. Pubali Bank Limited and others………………………Opposite Parties Judgment June 14 & 15, 1998 Result: The Rules are discharged. Cases Referred to- Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 14 BLD (AD) 196; Belayet Hossa...... filed under the general law may be stayed in appropriate circumstances. 31. In Civil Revision No.2038 of 1994 just before the delivery of judgment the opposite party filed an application for re‑calling one of their witnesses to exhibit two documents and the learned Court allowed it. Though the......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..

Category: Civil Law | Date: | Hits: 171

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....f the person against whom the decree was passed, the Court may, on such terms as to security or otherwise as it thinks fit, stay execution of the decree until the pending suit has been decided." This power has been clearly given to an Executing Court as well as to the Court in which suit impeaching ......��………Award-holder-Petitioner Vs. Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party Judgment June 7, 2010. Result: The Rule is made absolute. ......tes - For the petitioner. Tufailur Rahman with Ms. Umme Salma, Advocates - For the opposite party No.2. Civil Revision No.120 of 2009. Judgment Sheikh Abdul Awal J.- This Rule calls in question an order No.17 dated 27.08.2008 passed by the Court of District Judge, Dhaka in Mo......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ..

Category: Civil Law | Date: | Hits: 178

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....pleadings of the writ petition which is not lawful; II) Mr. Harunur Rashid, the Senior Office of the Bank had lawful jurisdiction to file the application under section 34(1) of the Ain as he was empowered, by the Bank on 9-1-2008 to represent the execution case on behalf of the Bank. In support o......�……………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The Rule is discharged. Cases Referred to- Rahima Auto Rice Mills Vs. Manager, Pubali Bank Ltd., 60 DLR 313;Sheikh Nazmul Haque Vs. Bang...... Md. Aminul Islam, Advocate - For the Respondent No.2. Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the......lier as a director of Gonophone, he did not execute any charge documents, letter of guarantee, etc for the said loan. After resignation of the petitioner of the Board of Directors of Gonophone in a meeting dated 26-12-2002, accepted his resignation. Thereafter, the petitioner had transferred all h..

Category: Civil Law | Date: | Hits: 154

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ondent-Petitioners Vs. Chini Miah and others……………………….Defendant-Appellant-Opposite Parties Judgment May 22, 2007. Result: The rule is discharged. Cases Referred to- Constantine Line Vs. I.S. Corporation, 1941 2 ALL E.R. 165. 179; Sova Rani Guha alias Sova Ra....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 155

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... and sentence. Lawyers Involved: Md. Atiur Rahman, Advocate - For the condemned prisoners/appellants. Farhad Ahmed, Deputy Assistant General with Md. Ensanuddin Sheikh, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State. D......ssessing 24.100 grams of heroin with them. 3. It is the prosecution case that, at about 9.30 a.m. of 20.9.1999, P.W.1, Modabbir Hossain Chowdhury, Director General of Narcotics Control Department, called some high officials of the Narcotics Control Department to meet him at his office at 1, Segun......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 112

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......�Defendant-Appellants Vs. Agrani Bank & others………………………Plaintiff-Respodents Judgment August 23, 2010. Result: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barch...... by Dhaka WASA on the aforesaid account sent by the Islampur branch of the defendant bank for collection. Meanwhile officials of the concerned branch of the plaintiff bank received an anonymous phone-call indicating that the cheque remitted for collection by the defendant bank-branch was forged. Acc......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....ngh again took cognizance against the accused petitioner under section 138 Negotiable Instruments Act by order dated 16-11-2006 and that the accused petitioner is on bail on 01-8-2007, he field new power and prayed for adjournment which was allowed and the next date was fixed on 23-10-2007 for tak......n (Dhanu)......................Petitioner Vs. State and another......................Opposite Parties Judgment February 11, 2010. Result: The Rule is discharged. Cases Referred to- Jahid Faisal Vs. Bangladesh, 14 BLC at page 250; Zahid Hossain Vs. State, 61 DLR 386; Ali Akk...... State. Criminal Miscellaneous Case No.2635 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings in Sessions Case No.553 of......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

...., commerce and industry which, in the opinion of the Government, is detrimental to the public interest. So, it appears from the aforesaid provisions of law that the Government has got the independent power to cancel the licence of the petitioners. But before that the Government must hear the petitio....... Controller of Imports and Exports and others………………………………………Respondents Judgment February 24, 1997. Result: The Rule is made absolute. Cases Referred to- Authorised Officer of DIT Vs. Abdul Wadud Mallick, 20 DLR (SC) 229; Commissioner of Police Bo......‑General ‑ For the Respondent No.3. Mohammadullah with Nurul Islam Bhuiyan - For Respondent No.4. Writ Petition No.2822 of 1996. Judgment Md. Mozammel Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Public Notification No.21 (95‑96...... whatsoever as to quality and size to the petitioner, directly lodged complaint to the Export Promotion Bureau, Respondent No.4. The Export Promotion Bureau on the basis of the complaint called for a meeting wherein the Agents of the petitioners submitted all the documents and papers issued by the G..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....hi by Kumudini, being herself an old woman of above 70 years at the material time and a patient of acute paralysis is too difficult a pill to swallow. 37. No mathematical limit can be fixed to the power of alienation of a widow of her husband's property for the purpose of religious acts which con......ate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lal......raying in aid the blessings of gods for her husband's soul. She also used to visit different Kali Mondir and Asram of this country in pursuit of his spiritual benefit. 9. Defendant No.2 again felt called to perform religious rituals for the spiritual benefit of her husband, including, offering pi......y she collected money by mortgaging portions of the land. She plunged into debt after performing funeral, shradhya ceremony and other rituals conduce to the bliss of her husband's soul. Moreover, for meeting the expenses of her family, medical treatment, payment of rent etc., she had to sell 0.34 ac..

Category: Property Law | Date: | Hits: 107

Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)

.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ......aka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ......erusal of the contents of new sub-clause 22A proposed to be added in object Clause of Memorandum of Association of the Company, I am of the view that those relate to carry on its business more economically and more efficiently. 9. Accordingly, the application is allowed. The resolution dated 1-7-...... view that those relate to carry on its business more economically and more efficiently. 9. Accordingly, the application is allowed. The resolution dated 1-7-2009 adopted in extra ordinary General meeting of the shareholders for incorporating sub-Clause 22A in the object Clause of the Memorandum ..

Category: Company Law | Date: | Hits: 132

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......bsp; Md. Khairul Alam, Advocate - For the opposite party. Civil Revision No.4172 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted at the instance of defendant petitioner to consider whether the impugned judgment and order dated 29-6-2008passed by learned Special Distric......cern is also extended to the local limits of Rajshahi, so the plaintiff rightly presented his plaint invoking such jurisdiction. Therefore, the Courts below rightly refused to return the plaint which call for no interference by this Court. 6. In order to appreciate their submissions, I have gone ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ........................Petitioner Vs. Md. Abdul Awal & others..............................Opposite Parties Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Manager Personal Division Vs. Sazahan Miah, 35 DLR 224; TCB & ANR Vs. Syed Sajeduzzaman, ......ate - For the Opposite parties. Civil Revision No.800 of 1998. Judgment Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-......e was still in service on the averments, inter alia, that he was appointed as Office Assistant in the School on 16-6-1979 and since then he had been serving in the School for 14 years. On 8-7-1933, a meeting of the Managing Committee of the School was held and thereafter, it served a notice upon the..

Category: Civil Law | Date: | Hits: 144

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....ncipal Officer (PO) and thereafter on 24-10-88 to the post of Senior Principal Officer (SPO). His further case is that Regulation No.11 of BSRS Employees Service Regulations, 1988 made in exercise of powers under Article 43(1) of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) provid......(Md.)…………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment May 20, 1997. Result: The Rule is discharged. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Ajoy Hasia Vs. Khaled Mujib, AIR 1981 (SC) 48......KM Nazrul Islam, Advocates - For Respondent Nos. 1-3. Writ Petition No. 2081 of 1996. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the petitioner. Md. Junnur Rahman was issued calling upon the respondents to show cause as to why Administrative Circular No.09/96 dated 18-3-96 ......as wholly unreasonable. At the time of hearing respondent Nos. 1-3 produced copy of promotion criteria or guideline made in 1988 and amended in 1993 and 1995. From those papers it appears that in the meeting of the Board of Director of BSRS held on 29-8-88 guideline for promotion of officers and emp..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

....the Service of the Republic." 15. He has further argued that in furnishing the report on the antecedent of the petitioner, the police have gone beyond the terms of reference. They have neither the power nor the jurisdiction to recommend either for or against a person as to his fitness or eligibil...... Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, ......zzaq, Advocate - For the Petitioner. Bazlur Rahman Chhana, Assistant Attorney-General - For the Respondent No.2. Writ Petition No. 2693 of 1997. Judgment KM Hasan J.- This Rule was issued calling upon the respondents to show cause why a direction should not be given upon them to appoint ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeals are allowed and the impugned judgment and order of conviction and sentence is set aside. Cases Referred to- Gupal Rajgor and others Vs. The State, 9 B.L.D. (1989) 358; Jaibar Ali Fakir Vs. The State, 2......ctim Rony, were proceeding towards Jatrabari when accused Tutul, Golzar with 3/4 others caught hold of them. Then they were being taken towards road No.4 of Bibir Bagicha when, on the plea of natural call, he managed to escape from their clutches and she (P.W.6) forthwith informed this fact to her h......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..

Category: Criminal Law | Date: | Hits: 98

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....e proviso to sub-section (3) of section 9 of the Cr.P.C. provides that where in a district, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the Sessions Division......titioners Vs. Yonus Meah & Others. ..............................................Opposite Parties Judgment February 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co. Ltd Vs. Finsbury Borough ......ional applications under section 439A in respect of cases which may be transferred to him by the Sessions Judge. The learned Advocate submits that sub-section (3) of section 439A does not categorically spell out that an Assistant Sessions Judge deemed to be an Additional Sessions Judge may also ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....n record on irrelevant consideration of certain facts acquitted the accused on manifestly wrong and perverse grounds. 3. Learned Advocate for the accused opposite parties submitted that revisional power of this Court is limited and even if one of the grounds assigned by the trial Judge for acquit...... 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judg......rty No.1. Criminal Revision No.96(c) of 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

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