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Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......riably permission for investigation into a non‑cognizable offence is to be sought by the informant. Provisions of sub‑section (2) has been couched in a negative form to emphasize the limit of the power of a police officer in respect of investigation into a non‑cognizable offence like a cogniza......€¦â€¦â€¦Opposite Party Judgment February 1, 1996. Result: The Rule is discharged. Lawyers Involved: Amjad Hossain, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Ho...... basis of the information supplied by the opposite party No.1 on 29.10.90 police made a GD entry. Thereafter sought permission from the Upazila Magistrate on that very date but the learned Magistrate granted permission on 30.10.90. Thereafter on the very same, date i.e. on 30.10.90 at about 12‑30 ..Category: Procedural Law | Date: | Hits: 153
....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......ment of two months' substantive pay in lieu of such notice and the probationer or the employee shall not be entitled to any form of compensation for termination of service."
So this Rule has given power to the authority to terminate the service of any person without assigning any reason. In the i......
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner.
Vs.
Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents.
Judgment
August 13, ......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
..
Category: Employment/Service Law | Date: | Hits: 207
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Quazie Mahmudar Rahman Vs. Sarat Chandra Dutt reported in 5 CWN 259 it has been held that the time from which leave to appear and defend a suit runs is from service of summons and the Court has no power, after the time fixed by the summons for obtaining leave to appear and defend had expired, to ......Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Badruzzaman J Javed Traders and another…………Petitioners Vs. Premier Soap Factory Ltd. and another..........Opposite Parties Judgment February 16, 1992. Result......r was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but without passing any order thereon holding that leave to appear and defend the suit was granted by implication and fixed 3.1.89 f6r filing written statement. 4. At the hearing no one..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......hip of Pakistan nor has ceased to manage his property nor his whereabouts are unknown to the government. It has been submitted on behalf of petitioner that Court of Settlement does not have any power to release an abandoned property. The Abandoned Buildings (Supplementary Provisions) Ordinance...................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. Result: The Rule is discharged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of......t Mohammadpur. Now the question is whether by leaving his house in December, 1971 the Respondent No.3 "ceased to occupy, supervise or manage in person his property" The Respondent No.3, who is an immigrant from the province of Bihar in India, was afraid and in apprehension about his security at the ..Category: Property Law | Date: | Hits: 158
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......aintiff is entitled to get any relief under the law as provided for?
9. Upon consideration of all the points raised the Munsif came to the finding that the labour Court has been vested with the power to decide the dispute arising in respect of industrial dispute and the dispute as to service c......site Party.
Civil Revision No.258 of 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 passed by the District Judge, Noakhali in Ti...... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406...
Category: Labour and Industrial Law | Date: | Hits: 233
....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......ent
January 24, 1991.
Result:
The Rule is made absolute.
Lawyers Involved:
Md. Fazlul Karim with Azizul Huq, Advocates ‑For the Petitioner.
SA Hasan, Assistant Attorney‑General ‑ For the Respondents.
Writ Petition No.158 of 1990.
Judgment
A......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403...
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......Hoque J Amir Hossain Farhad……………Petitioner Vs. Dr. A Mannan……………..Opposite Party Judgment December 15, 1991. Result: The Rule is discharged. Case Referred to- Abdul Hamid Vs. State, 33 DLR 399. Lawyers Involved: Yusuf Hossain Humayun with Abdul Q......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ..Category: Others | Date: | Hits: 172
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......ation with the Supreme Court. In sub‑sections 4 and 5 of section 5 of the said Act there are provisions for the extent of application of the Code of Civil Procedure to the Artha Rin Adalat and it's powers and procedures. In sub‑section 5(Ka) subsequently introduced by an amendment vide Artha Rin......so Reported in: 44 DLR (HCD) (1992) 394. ......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..Category: Civil Law | Date: | Hits: 169
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the imÂpugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......ngly allowed the Misc. case on terms as already stated above. 3. The short point for consideration is whether a Court has jurisdiction to set aside an ex parte decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Monohar Ali………………………………..Opposite Party Judgment August 9, 1984. Result: The Rule is made absolute. Cases Referred to- Panjab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993......f his failure to appear has been specifically dealt with by the Code and along with other remedies, a remedy of a summary character has been provided The ground on which the remedy can be claimed and granted have also been stated in the Code. If in a particular case of non-appearance, those grounds ..Category: Procedural Law | Date: | Hits: 127
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ...... manner preÂscribed by law. The Commission has to supervise, control, and direct each and every step of the process to ensure free and fair election and the Commission must be deemed to have all the power and discretion to ensure free and fair election as that is the manifest intendment of the Cons......hahjahan, AdvoÂcate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election C......g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......ry any offence punishable under section 138. Here the word shall has been used which indicate the mandaÂtory provision that after amendment of 9-2-2006, no Court other than the Court of Sessions has power and jurisdiction to try such cases and there is no ambiguity in clause (c) of section 141. Aft......…………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17...... complainant Phonix Leasing Company Limited for acquisition of Brand new capital Machinery for the petitioner Meghna Food Products and as per the said agreement the complainant Phonix Leasing Company granted the petitioner Meghna Food Products offered finance facilities for an amount of taka 30,10,0..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....and examine or reÂcall and re-examine any such person if his eviÂdence appears to it essential to the just decision of the case." 13. This section consists of two parts. The first part, which is discretionary, enables a Court at any stage (a) to summon any one as a witness, or (b) to examine an......s entitled to call for the additional evidence if it feels that the additional evidence will expand or clear up the evidence already produced. The overÂriding consideration for him, while exercising power under section 540 CrPC is the interest of jusÂtice. 15. Now let us see whether the accused......Bhuiyan and another……………………Petitioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: Obaidul Hasan Shaheen with Bakir ......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119....... appellant when the appeal is called on for hearing, It seems evident that sub-rule (1) of rule 17 does not authoÂrise the Court to go into the merits of the appeal and to give decision on merits. A power to go into the merits of the case would neceÂssarily include a power either to allow the appe......Meah…………………………Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digend......out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......Halima Khatun, wife of petitioner's brother, filed a suit in the year 1980 in the Court of the Subordinate Judge, Jessore on the allegation that petitioner Mst. Saleha Khatun on 22.11.1952 executed a power of attorney in favour of one Moniruzzaman Khan and divested herself of the right, title and in......ed in: 39 DLR (HCD) (1987) 109.......ingly, the case was started in the Court of Sub-divisional Magistrate Jessore, the sole petitioner before this Court Mst. Saleha Khatun surrendered before the Court with a petition for bail which was granted. 3. The Sub-Divisional Magistrate thereÂafter sent the case record to the learned SessÂ..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......eto. 4. To take up the question of rectification of the drawn up order on the judgment dated 27.01.1986, the contention of the judgment-debtor No.1 is that it is the judgment-debtor No.1 who filed power and entered appearance and contested the suit on us own behalf and on behalf of the ship as de......s-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of US$12,70,984,70 with interest and costs till ...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......has challenged the orders and obtained these Rules. 4. Mr. Md. Khalilur Rahman, the learned Advocate appearing on behalf of the opposite-party petitioner has submitted that the Labour Court has no power and jurisdiction under law to pass an interim order of stay or an order of injunction pending ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Chairman, 1st Labour Court, Dhaka & others…………Respondents Judgment July 10, 1986. Result: The Rule is discharged. Cases Referred to- 29 DLR (HC) 148; 30 DLR (HC) 141; 33 DLR (HC) 376. Lawyers Involved: Khalilur Rahman wi.......O cases. The opposite-party-petitioner contested the application alleÂging inter alia that the Labour Court has no Jurisdiction to pass an order of staying of the operation of the impugned order or granting an injunction to restrain the bank from giving effect to the orders of transfer. The second..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of BanglaÂdesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ...... have legally vested in the Government as enemy/vested aid non-resident property. The plaintiff Promode Ranjan along with three ions have been also reading in India adopÂting Indian nationality. The power of attorÂney allegedly executed by Promode in favour of his son Ashim is false, fictitious an....................Petitioners Vs. Government of BanglaÂdesh & others................Opposite-Party Judgment September 1, 1986. Result: The Rule is made absolute. Cease Referred to- Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; S......tious and antedated. The defendant No.3 Piara Mia was in possession of some portion of the building and C.I. sheet hut of the suit land and he was running his business therein and he was subsequently granted lease of .04 acre along with the structure thereon out of the suit property in E.P.L. Case N..Category: Property Law | Date: | Hits: 107
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......es of the case and the evidence on record, we have no hesitation in accepting the argument of Mr. Nandy that the impugned order of suspension is mala fide and is the product of colourable exercise of power for collateral purposes. 16. In the circumstances of the case the Court is certainly entitl.....................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Hashem Vs. Chairman National Board of Revenue, Dhaka and another, 32 DLR 55; Altaf Hoss......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..Category: Employment/Service Law | Date: | Hits: 194
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....d for the reasons stated above. 21. I accordingly concur with the ultimate decision by my brother MH Rahman, J though not with all his reasonings. 22. I, however, like to observe that the discretionary power of the Government to accord approval is attended with the responsibility to comm......tion to the approval of the Government. 12. Respondent No.2, on the other hand, argues that the direction of the Government not to hold any meeting on April 12‑14, 1989 was in exercise of its power under section 12(1)(c) of the Ordinance and the Board was bound by it. 13. In order to a...... Secretary, Ministry of Health and another……………………..Respondents Judgment June 12, 1991. Result: The Rule is discharged with observation. Case Referred to- Maritime Electric Co. Ltd. Vs. General Dairies Ltd., AIR 1937 PC 115. Lawyers Involv......ations for recognition made by institutions imparting or desiring to impart instruction in Homeopathy. Section 16 lays down the procedure how such application shall be considered and the institutions granted recognition within the meaning of the Ordinance. The provision reads thus: "16. (1) An..Category: Others | Date: | Hits: 154
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......€¦â€¦â€¦â€¦..Appellants Vs. People's Republic of Bangladesh……………………………..Respondents Judgment March 11, 1985. Result: The appeal is dismissed. Cases Referred to- Adam Ltd. Vs. East & West Steamship Company, PLD 1962 Karachi 715; East & West Steam ......appointed surveyors all the time of discharging the drums ex S.S. OcÂean Princess, that the findings of the said surÂveyors had already been recorded in the Jetty damage register and that they were granting the plaintiff joint survey to negotiate the claim. They requested that the survey should be..Category: Business or Commercial Law | Date: | Hits: 463
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