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Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....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 ......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....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...... to 13th September 1996, as such, they are liable for payment for the supply of bunkers. The further case of the defendant is that while receiving the bunkers, the chief engineer of the vessel specifically disclaimed the liability of the owners of the vessel for the supply of bunkers on account of t......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
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....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......nable. 9. In reply to this Mr. Nikhilesh Dutta, the learned Advocate, referring to sections 295 and 299 of the Succession Act submits that every order means every final order and it has not specifically mentioned that the appeal shall lie against the interlocutory and the interlocutory order is v......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...Category: Property Law | Date: | Hits: 106
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... Momtaz Begum…………….......Opposite Party Judgment June 16, 1999. Result: The Rule is made absolute. Lawyers Involved: MA Wahab Miah, Advocate — For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment ......titioner moved this Court under section 115 of the Code of Civil Procedure and obtained the Rule. 6. The Rule is opposed by the opposite party. 7. In the instant case the petitioner has categorically denied that any marriage took place between him and the opposite party at any point of time. I......r on behalf of the other, in the presence and hearing of two male or one male and two female witnesses, who must be sane and adult Mohammedans. The proposal and acceptance must both be express at one meeting; a proposal made at one meeting and an acceptance made at another meeting do not constitute ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....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 ......Jute Mills Ltd, in the aforesaid portion of the premises; that the said Company had neglected to pay the aforesaid amount which was the legal dues to the BRTC for which the BRTC served a legal notice calling upon the said Company to pay the aforesaid amount within two weeks but the said Company did ...... 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...Category: Company Law | Date: | Hits: 317
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....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......, Assistant Attorney General‑ For the Respondents. Writ Petition No.724 of 1987. Judgment AKM Sadeque J.- At the instance of Shahadat Hossain, the petitioner, Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 13.10.87 (Annexure‑K......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...Category: Property Law | Date: | Hits: 133
.... (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....... Delwar Hossain, Assistant Attorney–General - For Respondent No.1.
Writ Petition No. 67 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be issued upon them to c...... 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)
....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......ing those meetings held for the years 1985 and 1986 in gross violation of the provision of the Companies Act and also of the Article of Association of the Company, to be null and void and to direct calling of the Annual General Meetings for the years 1985,1986 and 1987 under the supervision of thi......1 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 the order. It was further ordered that during the ..Category: Business or Commercial Law | Date: | Hits: 352
.... 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(......cates - For Petitioner.
Md. Delwar Hossain, Assistant Attorney General - For the Government.
Writ Petition No.1612 of 1988.
Judgment
Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Respondents to show cause as to why they should not be directed to bring the detenu......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.
..
Category: Criminal Law | Date: | Hits: 100
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
.... 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....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
.... 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......Advocate - For Respondent No.3.
Writ Petition No. 179 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 16.12.85 passed by the respondent......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
.... in session within a few days. Moreover, no circumstances existed at the relevant time which rendered immediate action necessary so as to promulgate the said amending Ordinance in exercise of the powers vested in the President under Article 93 of the Constitution. It is also stated that the Unio......
Vs.
Government of the People's Republic of Bangladesh & others...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75......g Chairman, contemplated under section 16 of the Union Parishad Ordinance, can be a representative member of the Upazila Parishad. The High Court Division held that the Acting Chairman, being basically a Member of the Union Parishad, cannot be equated with the elected Chairman of the Union Par...... the functions of the Chairman in his absence as an Acting Chairman of the Union Parishad. Moreover, in the absence of the Chairman or Acting Chairman, even a Member is entitled to preside over the meeting of the Parishad, which is the normal function of the Chairman under the Ordinance. Further..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....e office of the District Judge, the Additional Judge or Subordinate Judge, as the case may be, may, subject to any rules which the (High Court Division) may make in this behalf, exercise any of the powers of the District Judge." 9. From a reading of sections 3 and 10 of the Act there is no doub......................................Petitioner Vs. Abidur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR......ction 3(1) of the Act. Section 2(4) of the Code reads as follows:- "2. (4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original civil jurisdictio....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession thereof. The plaintiff t......ue J Golam Beg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the ......one appears - For the Opposite Party. Civil Revision No. 2711 of 2006. Judgment Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....f respondent No.3, submits as under: (1) Though Money Laundering Prevention Act, 2009 was not incorporated in the schedule to Anti-Corruption Commission Act, 2004, the Act of 2009 itself has given power to, the Anti-Corruption Commission to investigate the case. (2) Money Laundering Prevention......n......……………Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The Rule is discharged. Cases Referred to- Marks Vs. United States, 430 US 188 (1977); Beazell Vs. Ohio, 269 US 167 (1925); State Vs. Mi...... SM Emdadul Hoque J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued on the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Money Laundering Prevention Act, 2009 (Act ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......man J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made absolute. Cases Referred to- Advocate AM Zia Ha......Md. Oziullah, Advocate - For the Petitioner. Dr. Naim Ahmed, Advocate - For Respondent Nos.1, 2, 4 and 5. Writ Petition No. 2793 of 2006. Judgment SM Emdadul Hoque J.- The Rule was issued calling upon the respondents to show cause as to why the impugned decision being No.13(Ka) taken by ......he Rule was issued calling upon the respondents to show cause as to why the impugned decision being No.13(Ka) taken by the Syndicate of the University of Chittagong, respondent No.3 through its 430th meeting held on 26-1-2006, Annexure-H (1) approving the report of the enquiry committee and its reco..Category: Others | Date: | Hits: 186
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....Bireshwar Mondal (defendant No.1) who had been in exclusive possession in his portion of the suit plot No.78. He appointed Md. Shahidullah (defendant No.2) as his constituted attorney by a registered power of attorney dated 04.05.1999 to protect, preserve, sell or otherwise dispose of the suit land ...........Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......dismissed. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the High Cour...... prove their title to and possession in the suit land. 10. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is ......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ...... The State………………Respondent Judgment April 13, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - For the appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Qu......vised by his doctor to talk less. 5. P.W.2 Abdul Aziz, eldest son of victim Shona Mia stated that on hearing hue and cry, he rushed to the house of occurrence, and knew that his mother had gone to call his uncle. He saw Mohammad Ali was bringing his (P.W.2’s) father towards their house. His fat......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
....f the Bank on 23-2-1992. The Bank on 27-11-1993 leveled a charge sheet against the appellant bringing allegation of gross misconduct for allowing clean overdrafts in current accounts in excess of his power and for allowing clean drawings in different SOD accounts exceeding the face value of the secu......pellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Result:
The appeal is dismissed.
Cases Referred to-
IFIC Bank Vs. Abdul Quayum, 4 BLC (AD) 255; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 =......e) of section 56 of the Specific Relief Act which runs as follows:
56. Injunction cannot be granted.- ………(e) to prevent the breach of a contract, the performance of which could not be specifically enforced…………”
This clause that an injunction not be granted to prevent the brea......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
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