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Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....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......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.......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...Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of BanglaÂdesh & others, 1986, 15 CLC (HCD)
.... 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......stance. 13. For the reasons stated above, the deciÂsion of the learned Subordinate Judge in dismissing the suit in reversal of the decision of the learned Munsif suffers from error and illegality calling for interference. In the result, the Rule is made absolute without any order as to costs.......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. ..Category: Property Law | Date: | Hits: 107
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....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......oceeding against the plaintiff the inexcusable failure of the College Governing Body in conducting a meaningful and effective enquiry and to take appropriate action thereon evidently proves the utter callousness and inept inability of the defendant opposite parties in dealing with the fate of the pl......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)
....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...... (h) the permanent assets and the reserve fund in the name of the institution in bank. (3) The Registrar shall place the application before the Board, and the Board may direct the Registrar to call for any further information which it may consider necessary, and may also direct a local inquir......ents to give up their strike. It was expressly mentioned therein that arrangements would be made for registration and examination of the students of the unrecognized colleges within April 15, 1989. A meeting of the Board was also convened on April 12, 1989 to decide 4 agenda, agendum No.3 of which w..Category: Others | Date: | Hits: 154
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. .....................Respondents Judgment January 30, 1986. Result: The apÂpeal is allowed. Lawyers Involved: Md. Abdus Subhan, Advocate -For the Appellant. Fakrul Islam, Assistant Attorney General - For the State. Criminal Appeal No. 54 of 1982. Judgment AM Mahmadur Rahman......sons. He also contends that the order passed by the learned Magistrate on 07.10.1982 itself will show that although the appelÂlant was present the learned Magistrate wrongly stated, that on repeated calls the appellant (complainant) was found absent arid acquitted the accused persons most illegally......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ..Category: Criminal Law | Date: | Hits: 123
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... Md. Nurul Huq, with AKM Shahidul Huq, Advocates ‑ For the Opposite Party No.1. Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting as......¦â€¦â€¦Petitioners Vs. Lailun Nahar Ershad and others……………Opposite Parties Judgment July 9, 1991. Result: The Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla and another Vs. Parul Bala Deb...... of the plaintiffs held that the application was not maintainable there being other remedies available to the defendants for redress of their grievance. 7. Feeling aggrieved the defendants have called in question the propriety of the order in this rule. 8. The fact that there was other r...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
.... provision of section 10 itself has in our opinion rendered the detenÂtion illegal and without lawful authority. We have not been shown any law or authority to support a view that this Court has any powers to condone the violation of the mandate of section 10 of the Act and to condone the delay in ...............Respondent Judgment March 25, 1985. Result: The rule is made absolute. Lawyers Involved: Md. Korban Ali, Advocate - For the Petitioner. A.K.M. Shamsul Karim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.25 of 1984. Judgment Md. Alt......laneous Case No.25 of 1984. Judgment Md. Altaf Hossain J.- This Rule, on an application filed by Mrs. Nafiza Mariam, wife of detenue Major (Retd.) Bazlul Huda under section 491 CrPC, was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brough......torney General submits that because of this, the detenue had to be detained beyond the period of 120 days. The learned Advocate submits that the case of detenue will be placed very soon at the first meeting of the Board to be held next. 9. In the case of Manik Chowdhury, A Division Bench of this..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port AuthoÂrity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....ing the petitioner any opportunity to show cause or to have a hearing. In the I.R.O. case no industrial dispute being presÂent the Labour Court could not be deemed to be a Civil Court or to have any power of Civil Court for ordering temporary injunction. The said order was illegal and without jurÂ...... Kalipada Dey & others.................................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong,......t, the Rule is made absolute without any order as to costs and the impuÂgned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......t, the Rule is made absolute without any order as to costs and the impuÂgned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......udgment November 2, 2010. February 2, 2011. Result: The writ petition is rejected. Lawyers Involved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman ......ul Haque J.- One Wing Commander M Hamidullah Khan, Bir Protik, has filed an appliÂcation under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents, Government of People's Republic of Bangladesh, represented by the Secr...... the countries of the sub-contiÂnent. In the absence of reconciliation, it was not posÂsible to hold tripartite talks to settle the humanitarian problems as Bangladesh could not participate in such meeting on the basis of sovereign equality. This agreement was made on 9th April, 1974 and long befo..Category: Constitutional Law | Date: | Hits: 314
....t if a plaint could not be rejected under Order VII rule 11 of the Civil Procedure Code, it could be rejected under section 151 of the Code of Civil Procedure, in the exercise of the Court's inherent power. In support of his contention he referred us to a decision of our Appellate Division, Abdul Ja......ivil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
January 30, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Easte......of the Code of the Civil Procedure." Similarly, Murshed CJ of the then High Court of East Pakistan in Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others observed, "A suit may be specifically barred by law and, in such event, the matter would come under the express terms of clause (d) ......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....rrated it appears prima facie that the accused-petitioner admittedly executed bainapatra in favour of the complainant and thereafter suppressing the existence of that bainapatra executed two separate powers of attorney in favour of two other persons in respect of the same land. In this regard, the H......rul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High......h relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.04.1996 under a Government Project called “ঢাকা শহর অবকাঠামো উন্নয়ন প্রকল্পâ€...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
....sation vide Power of Attorney deeds for examining on behalf of others. The defendant examÂined 2 (two) D.Ws. The plaintiff's documents were exhibited as exhibit-which is the Power of Attorney Deed empowering the plaintiff No.1 to depose in the suit on behalf of all other plaintiffs. Exhibit-2 serie......thers……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allowed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC ......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479...
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: The Rule is discharged. Cases Referred to- Zahed Hossain Vs. State, 61 DLR 386; Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Isla...... For the Petitioner. Md. Imam Hassan, Advocate - For the Opposite Party No.2. Criminal Revision No.592 of 2008. Judgment JBM Hassan J. - This Rule was issued, on a revisional application, calling upon the opposite parties to show cause as to why the order dated 28-2-2008 passed by the le......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
....ecommendation made therein in favour of respondent No.4 (the 3rd lowest bidder) at the cost quoted by the petitioner are manifestations of unreasonable, arbitrary, biased and colorable exercise of power because in the meantime through Annexure "B” series the petitioner-company was awarded work............Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is disposed.
Cases Referred to —
Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharp......g huge number of gunny and poly bags filled with sand/sandcement.
4. After the flood the Roads and Highways Department ordered an investigation by consultants ie Bangladesh Consultants Ltd, and called for a report. A committee was appointed on 10‑10‑1999 and the Consultants submitted rep......gainst him. In consequence whereof the said Additional Chief Engineer Mr. ANM Sirajul Islam (Convener of the Team) had no other alternative but to submit a report on 4‑10‑2000.
8. The 26th meeting of the Purchase Committee headed by the said Additional Chief Engineer was held on 12‑10â..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....e declines to accept the shares offered, the directors may dispose of the same in such manner as they think most beneficial to the Company." 21. Regulation 71 as stated above has also given the powers of the directors as regards the management of the company. Regulation also prescribes that if......71. ...... others. The accounts of the Company had not been properly kept. The illegal and fraudulent activities of respondent No.2 increased by leaps and bounds as he, grew older and he started behaving whimsically which has now gone to the extent which the petitioners find totally unacceptable. Respondent N......nner of a proprietorship concern. The Company has always been financially solvent and its business was lucrative and profitable. But respondent No.2 runs its affairs in a despotic manner. He holds no meetings of the Board of Directors. All decisions are taken by him arbitrarily. Whatever meeting of ..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....olly without lawful authority. 21. Lastly, our attention has been drawn to the first portion of the grounds of detention wherein it has been stated that after the military rule Ershad took over power the detenu entered into politics, came to the forefront, was a former President of Jatiya Mahi...... Judgment February 5, 1992. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioner. A Y Salehuzzaman, Deputy Attorney General‑ For the Respondent Nos.1 and 2. Writ Petition No.3112 of 1991. Judgmen......2 of 1991. Judgment Naimuddin Ahmed J.- This Rule, under Article 102(2)(b)(i) of the Constitution, was obtained on an application filed by one Mrs. Hasina Karim, wife of Mr. Fazlul Karim, calling upon the respondents, namely, the People's Republic of Bangladesh, represented by the Secret...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....T Collectorate Dhaka (North) sent him a message of congratulation. A copy of the congratulation letter date 2-1.95 has been annexed as Annexure-S to the writ petition. 11. There was shortage of manpower to do the job in the department as the work is ever increasing with overflow of responsibiliti......hment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 D...... as laws are involved in these cases and, as such, after hearing the same together the writ petitions are being disposed of by one judgment. 2. The Rule in Writ Petition No.3025 of 1996 was issued calling upon the respondents to show cause as to way the proviso to sections 5 and 6 of the Surplus ......ed as Annexure-E. 6. Respondent No.6, Internal Resources Department of the Ministry of Finance, in a letter dated 22.9.93 informed respondent No.5 the Ministry of Commerce that it was decided in a meeting chaired by the Principal Secretary of the Hon’ble Prime Minister that if the 9 officers in..Category: Employment/Service Law | Date: | Hits: 216
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....e complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused petitioner showed him a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International...........................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan ......-Parties. Criminal Revision No. 53 of 1985. Judgment Fazle Hussain Mahammed Habibur RahÂman J. - This Rule at the instates of accused Musa Bin Shamsher under section 561A Cr.P.C. was issued calling upon the Deputy Commissioner, Chittagong and the complaÂinant opposite party No.1 Ansarul H......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
....dealing with applications under Order 40, rule 1, is whether in the circumstances of the case the appointment of a receiver is just and convenient, the main object being to preserve the property. The power is discretionary with the Court, but at the same time this discretion is not to be exercised a......s
Vs.
Government of the PeoÂple's Republic of Bangladesh & others…………….Opposite-Parties
Judgment
August 23, 1986.
Result:
The Rule is made absolute.
Case Referred to-
Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite pa......iÂnable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......iÂnable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....o raise such objection against such appointment under section 13 and 14 of the Act. The appellants also had opportunity to raise such objection before the Arbitrator himself, as secÂtion 17 provides power to the Arbitrator/Tribunal, itself to decide any question as to its appointment/ constitution/......l and others........................Appellants Vs. Noor Afza…………………..............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Associati......submits that the Arbitration Act, 2001 being a special law it is govÂerned by its own procedure, as such, the provisions of the Code of the Civil Procedure or the Evidence Act will not apply automatically, as contemplated in section 24 of the Arbitration Act, 2001. So there is no question of applic......nd any merit in this appeal. Hence the appeal is dismissed and the conÂnected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
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