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Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ...... situated at 45, Mohakhali Commercial Area, Dhaka was rented out to the respondent‑company at a monthly rental of Tk. 42,000.00 initially for a period of three years with effect from 10.9.83 on the terms and conditions, inter alia, that monthly rent must be paid by the 10th of every current month.......eeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......laint‑schedule are appurtenant to the plaintiff's Waqf Estate and that no Compensation Assessment Roll or retention of choice‑list with regard to the Waqf Estate has been prepared or published in terms of the State Acquisition and Tenancy Act and rules. thereunder and that the plaintiff is entit...... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Afsar (Md.).................................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- ..

Category: Trust/Waqf Law | Date: | Hits: 181

Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......t only an offence punishable with imprison­ment and fine under the said Ordinance but is also a valid ground to refuse restitution of conjugal right to the husband and to allow maintenance to her in terms of the Nikanama as she was compelled to leave her husband's house on account of his cruelty. (......nal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- ..

Category: Family Law | Date: | Hits: 210

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......his judgment. 3. In repelling the contentions of Mr. Karmaker, Mr. Md. Nurul Huq submits that the appeal at the instance of the opposite parties was competent and the decree not being satisfied in terms of the order of the Court but beyond that in collusion with the judgment‑debtor Saleha Khatu...... ..

Category: Procedural Law | Date: | Hits: 81

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ...... 1976 regarding the Trade Mark "Cock" by serial No. 1294 in Class 34. Under an order of the Government dated 2.7.80 the company M/s Bangladesh Manufacturers and Industries Limited was wound up on the terms that all assets and liabilities of Bangladesh Manufactures and Industries Limited Dhaka were t......o costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ..

Category: Intellectual Property Law | Date: | Hits: 264

State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)

....party and considered the same and we find much force in the submission of the learned Advocate for the opposite party. 13. Inherent power under section 561A of the Code of Criminal Procedure is an extraordinary one which should be exercised sparingly with great care and caution only for the purpo......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......(SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asaduzzaman and Mir Hashmat Ali, Advocates ‑ For the Opposite Party. Criminal Revision No. 71 of 1990. J..

Category: Criminal Law | Date: | Hits: 72

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......he inner port. In para 6 it has been admitted that defendant No. 1 has no property or assets in Chittagong. A mere denial has been given about the properties owned by defendant No. 2 in the following terms: "6. It is admitted that the defendant No. 1 has no property or assert in Chittagong but it......dgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Ve..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......mphasized is that the grounds should not be vague and indefinite". 10. Turning now to the grounds of detention communicated to the detenu it appears that these have been expressed in the following terms : “১। আপনি আপনার সহযোগীদের সহায়তায় ......ndu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain al..

Category: Constitutional Law | Date: | Hits: 287

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......any tangible or intangible, movable or immovable property and any right, title or interest in such property absolutely, temporarily or on hire or by hire‑purchase or on installment or on such other terms and conditions as may be approved by the Board. 9. On the aforesaid provisions of law, Mr. ......recting the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of the peti..

Category: Company Law | Date: | Hits: 208

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... of Respondent No. 3 was intended to put pressure on the petitioner‑company to meet the claim of Respondent No. 2 which is sub judice before the commercial Court This Annexure runs in the following terms: ৫০০৮১                 বাংলাদেশ ব্যাং......rted in: 43 DLR (1991) 483. ..

Category: Company Law | Date: | Hits: 213

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

....advice of Ministry of Law not to prefer any appeal which will be evident from the fact that in spite of clear regula­tion that a Government Servant under Suspension, leave including leave on L.P.R., extraordinary leave etc. is entitled to house rent and medical allowances. The appellant deprived th......ted the case filing written statement denying material allegations contending, inter alia, that the Government simply accepted the recommendation of the review forum and passed the impugned order in terms of recom­mendation and there has been no illegality or irregularity committed in the ease. ......C (2011) 271.   ..

Category: Administrative Law | Date: | Hits: 160

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....ency Requisition and Acquisition of Property Act. Sitting in the appellate jurisdiction under the Emergency Requisition and Acquisition of Property Act we are not authorised to exercise the original (extraordinary) constitutional jurisdiction under Article 102 of the Constitution. As such we cannot ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......iscellaneous Jurisdiction) Present: ARM Amirul lslam Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- ..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... We in mandamus can only interpret a law so to examine the extent of the power of an executive and its misuse if any but shall not in the process read into a law something which is not there in clear terms or by necessary implication. If the legislature wished to declare the status of a candidate as......igh Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referr..

Category: Election Law | Date: | Hits: 126

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......provision for filing appeal by the person aggrieved by the order. The case before us is quite different from the case cited. In the present case the Statute itself has specifically expressed in clear terms the limitation for filing appeal as 30 days from the date of the delivery or passing the order......e State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to sh..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... in violation of the provisions of the said Ordinance and approval under section 5(1) thereof was given before issuing notice under section 3 thereof and hearing objection under section 4 thereof. In terms of the original plan only 0.05 acres of land of the petitioner No.1 and 0.03 acre of land of p......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......finition of employer, who is employed in an establishment or industry for hire or reward either directly or through a contractor to do any skilled, unskilled, technical or electrical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinan......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......al, inoperative and void and of no legal effect and the same is liable to be rescinded and withdrawn. 2) For a further declaration that the plaintiff is still in service of the defendants on usual terms and conditions. 3) For cost of the suit. 4) For any other relief or reliefs which the pl......l Jalil............................................Petitioner Vs. Bangladesh Steel & Engineer­ing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ..

Category: Employment/Service Law | Date: | Hits: 108

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

.... have given our anxious consideration to the points involved and the arguments of the learned counsels for both the sides and we are of the opinion that the quashing of a criminal proceeding being an extraordinary relief its scope is very limited. Furthermore, the question of further harassment of t......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases..

Category: Criminal Law | Date: | Hits: 98

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......f the Subordinate Judge, Dhaka for realisation of Taka 1,64,952.23 by selling the properties of the plaintiff including the suit land; that the said suit was ultimately decreed on compromise; that in terms of the compromise petition the plaintiff was to pay the sum of Rs. 90,667/00 in two equal inst......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ..

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

....a Bus Service, reported in 11 DLR (SC) 140 it was observed that in a petition for a writ the first question that the Court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the Court. It was further observed that a person seeking judicial revi......increased the wages and allowances of the newspaper employees from 90% to 100% and provided for payment of income‑tax of the employees by the employees without lawful authority which is outside the terms of reference of the Wage Board. Furthermore, a provision has been made for payment of gratuity......Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represen­ted by the Secretary, Ministry of Information, Bangladesh Secreta­riat, Dhaka and others...........................Respondents. Judgment May 30, 1991. Cases Referred to-..

Category: Constitutional Law | Date: | Hits: 246