Judgment search - Chancery Law Chronicles

Displaying 1441-1460 of 3812 results.

Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

....der section 34 of the Industrial Relations Ordinance. These Memorandums are mere executive orders giving ex-gratia benefits to the Freedom Fighters and those were passed in exercise of inherent discretionary powers to grant financial relief and benefits but these Memorandums cannot have any ......on 1980 Memorandums introducing Annual Bonus, the 1982 Memorandum re-introducing Dearness Allowance and the 1984 Memorandum introducing Festival Allowance were not examples of statutory exercise of power. These office orders were not orders passed in exercise of its powers under any provision of......d. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Company Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made absolute. Cases Referred to- Manager, Azizuddin......d benefits already obtained and enjoyed by respondent Nos.2-29 prior to the implementation of the said Memos. The further case of the respondents 2-29 is that the promotion and increment which were granted to them earlier on the aforesaid Memos should remain intact and unaffected in granting 2 (tw..

Category: Labour and Industrial Law | Date: | Hits: 268

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ...... Result: This Rule is made absolute. Lawyers Involved: M.I. Farooqui with M.A. Wahhab Miah, M. Saleemullah and Md. Mohsin Rashid, Advocates— For the Petitioners. S.A. Hasan, Assistant Attorney-General—For Respondent Nos.1 and 2. Tufailur Rahman, Advocate—For Respondent No.4. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..

Category: Property Law | Date: | Hits: 115

Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......nd the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board for 3 years i.e. upto 31-12-2001 and that the President of the Society in exercise of the power under Article 9C(1) of Bangladesh Red Crescent Society Order, 1973 hereinafter referred as the......�……………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Result: The Rule is made absolute in part. Case Referred to- Bangladesh Co-operatives Insurance Ltd. Vs. Md. AbdulKhaleque Khan, 4 BLC (AD) 136. Lawyer......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..

Category: Civil Law | Date: | Hits: 169

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....ks fit." In the case of Madhubhai Amthalal Vs. Amthalal Nenalal and others, reported in AIR 1947 (Bombay) 156. It has been held as under: "Power of Court under Order 18 rule 17 are wide and discretionary. They should be exercised only in exceptional circumstances. Either party can invite C......vocate for the opposite party, has cited the decisions in the case of Nurul Islam Vs. Md. Abdur Rashid reported in 37 DLR (AD) 32 wherein their Lordships of the Appellate Division have held- "'The power conferred by Order 18 rule 17 CPC is an enabling power and very wide power had been conferred ......Registrar (Deputy Secretary).............Petitioner Vs. Sahrab Jan & others............Opposite Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Pro......l Court has acted in jurisdiction and has not committed any error of law resulting in an error in the decision occasioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (H..

Category: Property Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ...... to have been filed, could apply for stay under rule 5 of Order 41 CPC. 6. Further rule 5 does not in express terms say that the application for stay shall be filed only by the appellant. It is a power conferred upon a Court to make an order if it is moved in accordance with law. We think, that ...... Bangladesh.................Petitioner Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra P......rial of the suit after hearing both sides decreed the same on contest by the impugned Judgment and decree dated 28.4.93 and declared title of the plaintiff‑respondent No.3 in the suit land and also granted relief for recovery of possession on the basis of the amendment of the plaint by the plainti..

Category: Limitation Law | Date: | Hits: 211

Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......urt is bound to grant probate or letters of administration, unless it finds that the Will was not executed by the testator or that he was not in a state of mind competent to exercise his testamentary powers or that the will was not the testators voluntary act. The Court has no concern with the quest......m J Moktar Hossain......................Appellant Vs. Budhi Bala Dashi....................Respondent Judgment August 28, 1994. Result: The appeal is dismissed. Cases Referred to- AIR 1925 Lahore 493; 14 CWN 463; BSCR Vol.7 at page 1; AIR 1987 P & H at page 122; AIR 19......gment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administration of a Will executed by one Jogendra Bhusan Talukdar in favour of t..

Category: Property Law | Date: | Hits: 183

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Awlad Hossain reported in 43 DLR (AD) 63. On the other hand, Mr. Serajul Huq has referred to the provisions of sections 169 and 170 of the Code of Criminal Procedure and has contended that the law empowers an Investigation Officer to submit a final report with respect to an accused if there is no s...... Jalaluddin Bhuiyan………………..Petitioner Vs. Abdur Rouf and others……….......Respondents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 6...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..

Category: Criminal Law | Date: | Hits: 143

Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)

....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......f Abdur Rab Mia Vs. Fazlur Rahman reported in 43 DLR (AD) 23. In the first mentioned case their Lordships also referred to some decisions of the Indian Supreme Court as to the Election Commission’s power for directing repoll in election held to parliament and State Legislatures and observed: �......ry J Rezaul Karim……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..

Category: Election Law | Date: | Hits: 248

Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......dinance, 1969 against the petitioner alleging that the petitioner suddenly stopped the work of the Mill with effect from 6 A.M. of 26.5.86 by a notification dated 25.5.86 on the plea of stoppage of power supply by WAPDA. Subsequently the petitioner declared lay-off for indefinite period by notif....................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made absolute. Cases Referred to- Zamiruddin Vs. Havas Khan, 21 DLR (SC) 39; Mundra Vs. National and Grindlays Bank , A.I.R. (1......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...

Category: Labour and Industrial Law | Date: | Hits: 193

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ed to or brought before it under the Ordinance. (b)...................................................... (c)........................................... (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance." ....................Petitioner Vs. Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company ......osal of the appeal. The learned District Judge passed an order directing maintenance of status quo and also issued a notice to show cause why injunction as prayed for by the appellant should not be granted. 4. The appeal was transferred to the Subordinate Judge, Second Commercial Court, Chitt..

Category: Labour and Industrial Law | Date: | Hits: 179

Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)

....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......he plaintiff? (4) Is the plaintiff entitled to any decree against this defendant? 6. At the trial, one Abul Kashem was examined as P.W.1 on behalf of the plaintiff. He deposed in pursuance of a power of attorney given to him by the plaintiff. From his cross-examination it transpired that he is.......................Plaintiff Vs. MV Daizu Maru & others......................................Defendants Judgment March 10, 2002. Result: The suit is dismissed. Cases Referred to- The Silia" (1981) 2 Lloyd's Law Reports 535; Medway Drydock & Engineering Co. Ltd. Vs. mv......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 394

Mokarram Hossain and others Vs. ADC (Rev) Pabna for Vested and Non-Resident Property (Land and Building) Pabna & others, 1998, 27 CLC (HCD)

....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......udge, Pabna dismissing the appeal which was taken by the plaintiff. Trial Court also dismissed the suit by his judgment dated 8-3-1986. 2. Plaintiffs suit, in short, is that the suit land belonged to Suphir Kumar Lahiri. Abdul Gafur took settlement of the suit land from said Suphir Kumar Lahiri o......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470...

Category: Property Law | Date: | Hits: 130

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......istration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant. and 299. Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court Division in accordance.......……….Petitioner Vs. Sailendra Kishore Chowdhury and others…………………Opposite Parties Judgment November 24, 1998. Result: The Rule is discharged without any order as to costs. Case Referred to- TJ George Vs. Mrs. Lucy Kochuvareed, Cr AIR 1963 Kerala 188. La...... facts for the purpose of disposal of the Rule are that, the opposite party No.1 being petitioner instituted Probate Miscellaneous Case No.38 of 1993 under section 290 of the Succession Act, 1925 for granting him Letters of Administration. The present petitioner Nos.1, 2, 3-5 being next of kin appea..

Category: Property Law | Date: | Hits: 106

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......urts order for service of copy of the said affidavit upon the BRTC; that during the pendency of the matter the Bangladesh Shilpa Rin Sangstha briefly BSRS appeared in the matter on 8.3.89 by filing a power as one of the creditors of the said Company and the Rupali Bank Ltd. also filed a power on 14.......s. Ashraf Jute Mills Ltd………………………………….Respondent (Company Appeal No.13 of 1991) Judgment July 8, 1992. Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to ......an application praying for vacating the order of stay before the Writ Bench and after hearing the parties the Writ Bench by the judgment and order dated 12.6.90 vacated the order of ad‑interim stay granted on 25.4.90; that thereafter BSRS issued Sale Certificate to the buyers under Rule 10 of the ..

Category: Company Law | Date: | Hits: 317

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......proceeding but that hereby was scotched." Wade in his Administrative Law (1977) P.429 states: "The principles of natural justice are applicable to almost the whole range of administrative powers." In Breen Vs. Amalgamated Engineering Union (1971)1 AER 1148 Lord Denning observed: ...... Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation &am......sion, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of lease granted in favour of the petitioner of a restaurant by the name Ramna Cafeteria within the Ramna Par..

Category: Property Law | Date: | Hits: 133

Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

.... is discharged without any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538....... (section 5) to hear and determine appeals "from any order or decision" of an Administrative Tribunal (section 6). For the purposes of hearing an application or appeal, a Tribunal was given all the powers of civil Court, while trying a suit under the Code of Civil Procedure, in respect of some spe......er Vs. Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents Judgment June 12, 1989. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Khondker Mahbubuddin Ahmed with Fida M. Kamal, Advocates - For the...... is discharged without any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538...

Category: Administrative Law | Date: | Hits: 445

Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)

....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......e illegal and had no legal basis as once a default has been made in holding the Annual General Meeting it can only be called and validly held thereafter as per orders of this Court in exercise of the powers under section 76(3) of the Companies Act and in no other way. The learned Counsel further sub......etitioner Vs. The Pioneer Printing Press Ltd. & Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companie......id meetings for the years 1974-84, in all for 11 years on the ground that there was no negligence in not holding so. The said delay was condoned in Matter No.11 of 1985 and the Court was pleased to grant permission to the Company to hold the said meetings within two months from the drawing up of t..

Category: Business or Commercial Law | Date: | Hits: 352

Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ...... Moreover, he submits that the murder being caused in the year 1986 that cannot be a ground for detaining the detenu for the purpose of prevention of commission of a prejudicial act nor the Special powers Act provides for such a detention. He strongly argued that when the specific case against t......er Vs. Government of the Peoples Republic of Bangladesh & another....................Respondents Judgment November 30, 1988. Result: The Rule is made absolute. Cases Referred to- AIR 1974 (Supreme Court) 116; 40 DLR (AD) 178; 40 DLR 193; AIR 1974 (SC) 1161; 40 DLR 193(...... the respondent specifically. The moment he came back to the country on 22nd June, 1987 he surrendered himself before the Special Tribunal which was in seizin of the criminal case and though he was granted bail on the 27th June no bail bond could be executed on that date and so he was taken back t..

Category: Criminal Law | Date: | Hits: 100

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

.... converted into an appeal." 22. It is, however, a settled principle of law, that the exercise of revisional Jurisdiction as contemplated in old section 115 of the Code of Civil Procedure was discretionary although that discretion was judicial. There appears to be no reason to hold that the ...... for the time being in force." 17. Section 107 (1) of the Code of Civil Procedure lays down:- “Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power:- (a) to determine a case finally; (b) to remand a case; (c) to frame issues and refe..........Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra C......rom the date of receipt of records from this Court by taking additional evidence if necessary for the ends of justice. The order dated 9.10.83 staying all proceedings of Title Suit No.23 of 1980 granted by this Court earlier is vacated. In the facts and circumstances of the case, there would..

Category: Property Law | Date: | Hits: 115

Sankar Gopal Chatterjee & others Vs. Additional Commissioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ...... mandatory. Before the Deputy Commissioner acquires the jurisdiction to publish a notice under Section 3 an agreement with the non-Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device. It cannot be even acce......rs................Respondents Judgment March 7, 1989. Result: The Rule is made absolute. Lawyers Involved: Abdur Rashid, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2. Fid......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ..

Category: Property Law | Date: | Hits: 116

Search Options

Judgment Advanced Search