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Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......or attempt to compel) the employer to sign a memorandum of settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of telephone, water and power facilities and such other methods; (e) compel or attempt to compel any workman to pay, or r....... Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is made absolute. Cases referred to- Secretary, EPIDC Vs. Serajul Huq, 25 DLR (SC) 80; Khulna Newsprint Mills Ltd Vs. Khulna Newsp...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......he has submitted Charge sheet No. 535/Cha dated 20.09.2007, under section 409/109 of the Penal Code, 1860 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rule 15 of the Emergency powers Rule, 2007, against 13 (thirteen) persons. This time impleading the petitioner as the accused......vocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Attorney General with Khondaker Modarech Elahi, Assistant Attorney General - For the State. Khurshe...... the Penal Code, now pending in the Court of Special Judge, Court No.3, Dhaka, is hereby quashed, so far it relates to the petitioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported i..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332....... well as deposition categorically stated that he never mortgaged his property as security of the Bank guarantee in favour of the defendant Nos. 1 and 2 by executing any mortgage deed accompanied with power of attorney and at the trial finger print specialist of CID Mrs. Setara Begum was examined as ......or Alam …………………Appellant Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, ......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......such contractual appointments of the petitioners are against the provisions of the Bangladesh Biman Corporation Ordinance of 1977. The impugned Organization Order No.13 of 1989 is ultra vires the power of the Director (Administration) of Biman Corporation. BFCC being a permanent set up within ....................Petitioners Vs. Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The Rule is discharged. Cases Referred to- Bangladesh Biman Vs. Rabia Bashri Irene, 55 DLR (AD)132; Sheikh Abdus Sabur Vs. Returning Off...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......ar examined under section 161 of the Code of Criminal Procedure made any allegation of misappropriation of any public money for her personal gain or made any allegation that by abusing her official power she had created an opportunity to make financial gain to others or caused any financial loss t......-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March 11, 2010. Result: The rule is made absolute. Cases Referred to- State of Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; State Vs. Abdul Quader Chowdhury, 28 DLR ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......5, and the learned Single Judge on hearing the parties made the rule absolute and set aside the order of the District Judge with the observation that “the Administrator has arrogated to himself the powers of a Civil Court and he has himself adjudicated as to who was more competent of the two and a......……………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is dismissed with costs. Case Referred to- Syed Saha Vs. Commissioner of Wakfs, A.I.R. 1961, SC 1095. Lawyers Involved: M.H Khondk...... himself adjudicated as to who is the more competent of the two under the Wakf Ordinance which he has no authority to do so”. In this view of the matter the rule was made absolute. 13. Leave was granted to consider whether the High Court Division was correct in its approach. Section 43 is in th..Category: Trust/Waqf Law | Date: | Hits: 188
....ion. The Court is always lean to keep alive an order opposed to the benefit of the workers and which was obtained from the Court suppressing the material facts. The relief by way of injunction is discretionary one and no Court should exercise its discretion in favour of a person whose conduct is......f the opposite party No.1 betrays that it did not approach this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable ......Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnaphuli Paper Mills Limited passed a resolution to change its name from the original name to Karnaphuli Paper Mills Sramik Karmachari Union and file......f 1988.
Judgment
AM Mahmudur Rahman J.- The opposite party No.3 in the aforesaid Civil Revision has filed this application under Order 39 Rule 4 C.P.C. for selling aside the order of injunction granted by this Court on 23.11.1988. This application is opposed by the opposite party No.1 at who..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......bour Court exercises jurisdiction under the Employment of Labour (Standing Orders) Act and the Industrial Relations Ordinance, but the position in the Industrial Relations Ordinance procedure and power of Labour Court has been defined under that Ordinance in section 36. Sub-section (3) of that s.........................Complainant Petitioner Vs. M.H. Azad..........................Accused opposite Party Judgment February 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Secon......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......declaration of the Respondent No.1 as Chairman of Malonchi Union Parishad has been made without any lawful authority and of no legal effect. 3. The respondent No.1 entered appearance by filing power in the case and also filed an application for vacating the order of stay granted by this court...............................Petitioner Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475;......as been made without any lawful authority and of no legal effect. 3. The respondent No.1 entered appearance by filing power in the case and also filed an application for vacating the order of stay granted by this court. Thereafter by filing affidavit-in-opposition the respondent No.1 controvert..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......, assistance or information relating to, lock and seal any factory, laboratory, shop, building, storehouse or godown where unlicensed drug has been manufactured under the Act and exercises all such power as has been necessary for the purpose of Drugs Act and the said Drugs Act also provided that C...... by the learned Judge, Drug Court, Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a def......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......shall prepare, for the approval of the Government a comprehensive plan for the control of flood in, and the development and utilization of, water resources of Bangladesh. (2) The Board shall have power to take up any work as contemplated in clause (3) or any other work that may be transferred to......the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States......ion says “nor shall private property be taken for public use, without just compensation”. This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power. It imposes on the Federal Government the obligation to pay just compensation whe..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......e Court had advanced the date of hearing of the matter from 21-10-96 to 12-9-96 without serving copy of the notice on his Advocate, Mr. Ashrabuddin and that a copy was served upon a lawyer holding no power on his behalf and, so, the defendant made a prayer for vacating the order passed on 8-9-96 and......sgar Khan J Habibur Rahman Khan……………Appellant Vs. Nurul Islam Khan……………Respondent Judgment November 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: M......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......of the petitioner’s application and other relevant papers, by Memo No.620-Justice-72N/27/86 dated 16-11-89 granted permanent licence to the petitioner for holding the office of Nikah Registrar with power to register the marriages and divorces within the area comprising Kalai, Zindapur, Punat, Uday......rliamentary Affairs, Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 20, 1997. Result: The Rules are discharged. Cases Referred to- Bangladesh Small Industries Corporation Limited Vs. Mokbul Hossain Chowdhury, 29 DLR (SC) 41;......e Office of Nikah Registrar of Kalai, Jinuapur, Punat, Udaypur and Matrai Unions of Kalai Police Station, District Joypurhat. The respondent No.1 is the authority to appoint Nikah Registrar and/or to grant permanent licence of the Nikah Registrar as per the provision of section 4 of the Muslim Marri..Category: Civil Law | Date: | Hits: 90
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......nder challenge in this Rule are the judgment and decree dated 12-10-95 passed by the learned 3rd Senior Assistant Judge and SCC Judge, Dhaka in SCC Case No.24 of 1992 dismissing the suit, giving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......ed to notice that although the appeal may be incompetent owing to the wrong person being named as respondent but the Court which deals with it is acting in a proceeding in a suit and as such has full power under section 153 of the Code of Civil Procedure to direct an amendment of the memorandum of a......…….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 1996. Result: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ram; Anantalal Daga and othe......or put the name of Uttamach in the memorandum of appeal by a bonafide mistake and it is a fit case in which the discretion conferred by section 153, CPC should be exercised and also extension of time granted under section 5, Limitation Act.” Mr. Sinha then cited the case of HB Darber Al Bhai Va..Category: Procedural Law | Date: | Hits: 70
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......onstitution will not interfere where there is equally effective and efficacious remedy available to a petitioner. Yet the existence of another remedy is not in every case a bar to the exercise of the powers of the High Court under Article 102 of the Constitution and the Court can interfere if the ci......ry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others…………………………….Respondents
Judgment
November 13, 1996
Cases Referred to-
Result:
The Rule is made absolute.
Cases Referred to-
Fazlul Hoque Chowdhury Vs. Gov......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....n section 155, sub‑section (3)." The petitioners have prayed for quashing the proceeding invoking inherent jurisdiction of this Court. The power to be exercised under section 561A CrPC is highly discretionary. Such an extraordinary and discretionary Power cannot be exercised in favour of the pe......t was directed in this summons that the accused petitioner was to appear either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as alleged duly empowered an Advocate of the High Court Division of the Supreme Court of Bangladesh to go to Gopalgonj......…………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; E......re the learned Chief Metropolitan Magistrate, Dhaka within 7 days from the date of signing of this order. 18. The learned Chief Metropolitan Magistrate, Dhaka upon surrender of the petitioner will grant him bail on consideration of the nature of the case and health of the present petitioner. S..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......m the reading of the FIR we find that the name of the petitioner No.3 does not appear therein. Now the law is settled by several judicial pronouncements of this Court that in exercise of its inherent power under section 561A of the Code this Court can interfere when the complaints do not constitute ...... State……………………………………………………………………………Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear Hossain, Advocate-For th......titioners No.1 Golam Md. Abdul Awal Sarker, 2. Abdul Hakim and No.3 Akkas Ali Fakir in the Court of the Special Judge and Additional Sessions Judge, 5th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This ..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......he owner of the other property and the other three brothers became owners of the suit property. The 3 brothers subsequently exchanged their property with one Abdus Sattar and others by way of general power of attorney executed on 17‑4‑64 which was regularised by way of a registered deed of excha......……………….Petitioner Vs. Arif Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;......he question involved was whether Monoranjan Singha, Pre‑deceased his father, Rajani Kanta, the owner of the suit property and whether the vesting of 1/5th of the property to Enemy Custodian and the grant of lease of that share to the petitioner were legal or not. Furthermore, that matter arose out..Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150....... 1973 since reported in (1979) 31 DLR 169 had considered the aforesaid decision in 26 DLR 491 and the majority view is that decision was not the correct law and further held that in case of emergency power has been conferred upon the Magistrate to attach the disputed properties and appoint recei......rul Haider Chowdhury J Md. Shamsul Alam…………………Petitioner Vs. Kanak Chandra Shome and another……………………Respondents Judgment June 14, 1978. Cases Referred to- Fazlul Karim Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
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