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Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....es incurred by him out of the funds in the conduct of the Society's business and no legal proceedings either civil or criminal shall lie against him in respect of anything done in accordance with the powers conferred on him by Rule 55 of the Co‑operation Societies Rules, 1987. These Rules were fra......Code. 3. Mr. Md. Ozair Farook, learned Advocate, appearing on behalf of the petitioner, submits, that the learned Magistrate has acted illegally in framing charge against the petitioner in failing to consider that the initiation of the proceedings for misappropriation of the bank's fund at the in...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....d party creditor of the Association on account of the non‑payment of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. M...............Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacharja, ILR 36 Ca...... Md. Asaduzzaman, Advocate—For Respondent No.1. Matter No. 74 of 2003. Judgment Syed Amirul Islam J.- This is an application filed under section 241 of the Companies Act, 1994 (hereinafter called 'the Act'). The petitioner was an employee of the Bangladesh Jute Mills Association (hereinaf......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
....the pension benefits accrued to them earlier or should be kept in abeyance under sub‑section 2 of section 20 of the Ordinance No. XX of 1982.
16. In this connection, it should be noted that all powers in the Republic belong to the people and Article 11 of the Constitution guarantees that the R......cial Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Chowdhury J
Chief Election Commissioner and 3 others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Res......1 and 2.
None appears—Respondent Nos. 3 to 5.
Writ Petition No. 7151 of 2003.
Judgment
ABM Khairul Haque J.- This Rule Nisi was issued at the instance of Mr. MA Sayeed and three others, calling upon the Comptroller and Auditor General of Bangladesh and other respondents, to show cause ......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
....orage Ltd., is a private limited company and they have cold storage at Daulatpur, Khulna. The respondents were supplying electricity to the Daulatpur Ice and Cold Storage Limited by installing a high power transformer at the premises of the cold storage and since then the respondents were submitting......Case is also Reported in: 57 DLR (2005) 109.
......d:
SM Moonir, Advocate—For the Petitioner.
Zakir Hussain Mazumder, Advocate—For the Respondents.
Writ Petition No. 3440 of 1996.
Judgment
Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the Bill No.261467 dated 18‑10‑1994 issued ......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
..
Category: Others | Date: | Hits: 135
....o order dated 10-4-2010 the respondent No.2 directed the petitioner-company to deposit the amount in question. This abrupt decision of the respondents in manifestly unjust and unbridled exercise of power on the part of the authority and had certainly indulged in excesses.
24. Fortified with all...... 61.
......iddique, Advocate-For respondent No.5.
Writ Petition No.7318 of 2010.
Judgment
Ashfaqul Islam J.- At the instance of the petitioner Messrs Dada Engineering Ltd., this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders contained in Nathi No.5(8) ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
.... absolute but only subject to certain restrictions on her right to alienation, and subject to devolving of the estate upon the next heir of the last full owner upon her death. The restrictions of her power of alienation are however inseparable from her estate. 20. Alienation of the estate by her ......s.....................Petitioners Vs. Krishnapada Biswas & others.......................Opposite Parties Judgment June 19, 2002. Result: The Rule is discharged. Case Referred to- Lala Brij Lai Vs. Musammat Inda Kunwar, (1914) 23 Indian Cases 715; Mohammad Nuh Vs. Brij Beh......f considered together, the legal necessity for the alienation is proved and the Court of appeal below has so found. He concludes, the judgment and decree of the Court of appeal below therefore do not call for any interference. He also cites the authorities in the case of Nanda Lal Dhur Biswas Vs. Ja......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
.... he submitted that invoking of the constitutional jurisdiction under article 102 of the Constitution couldn’t be entertained and permitted.
17. Secondly, he submitted that the Government being empowered under section 25 A of the Act made the PSI Order. Any liability to be incurred by a PSI Agen......diction)
Present:
Md. Abdur Rashid J
Siddiqur Rahman Miah J
Intertek Testing Service (BD) Ltd. and another..........................Petitioners
Vs.
President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents
Judgment
May 20, 2003.
......as made under the Act, any penalty imposed under the Order must be held to be a penalty imposed under the Act.
32. In 1999, after making such Order, penalty imposed under such Order was not specifically included in section 194 as intention appears in other fiscal or penal laws by adding any expre...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....tion of rape. Mazeda clearly stated in her evidence that she put up strong resistance to the accused and struggled all the while. We find no evidence on record to find that the accused completely overpowered her by physical assaults or instant threat of life to neutralize her power of resistance aga......dhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, ......es of the house rushed to the scene when accused Razzaque ran away. Victim Mazeda Khatun narrated the occurrence to all those who came to the scene after the departure of the accused. She also specifically stated that accused Abdur Razzaque had committed rape on her against her will causing injuries......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... held as follows: "The setting up of a statutory corporation, amongst others under the Order (President's Order 17 of 1972) in the name of Bangladesh Jute Mills Corporation having some controlling power over the nationalised company, did not destroy the corporate character of the company. That be..................................Petitioner Vs. SM Nurul Islam and ors ...... ................Opposite Parties Judgment May 21, 2002. Result: The Rule is made absolute. Cases Referred to- New Dhaka Industries Ltd Vs. Ouamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mill......rcumstances and the materials on record rightly and legally decreed the suit and the Courts below committed no error occasioning failure of justice in decreeing the suit and in dismissing the appeal, calling for interference by this Court. 7. Admittedly, Padma Oil Co. Ltd. is a Public Ltd. Compan...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....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...... Khair, Advocate ‑ For Respondent No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First Labour Cou......ctimised for his trade union activities as he was playing active role. The active role of respondent No. 2 incurred the displeasure, dissatisfaction and grudge of the petitioner. It was resolved in a meeting held on 19‑1‑1979 between the representatives of the CBA and the petitioner-company that..Category: Labour and Industrial Law | Date: | Hits: 152
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
.... 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, ......wing our attention to the opinion of hand writing experts dated 19.11.1988 and 12.7.1990 respectively, Mr. Afzal Hossain submits that 2 finger print experts of CID in their respective opinion categorically stated that the signatures as contained in deeds in question are forged and the present appell......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)
....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......Abdur Razzaq with Imran A Siddiq and Md. Belayet Hossain, Advocates-For the Respondent No.2. Writ Petition No.1748 of 2005. Judgment Moyeenul Islam Chowdhury J.- A Rule Nisi was issued calling upon the respondents to show cause as to why the petitioners being employees of Bangladesh B......e BFCC Management against different posts on contractual basis. Anyway, initially BFCC was established as a project approved by the Executive Committee of the National Economic Council (ECNEC) in its meeting held on 16-8-1988. In course of time, BFCC became an integral part of Bangladesh Biman which..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....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 ......pposite Party No.2. Criminal Miscellaneous Case No. 8962 of 2008. Judgment Md. Shamsul Huda J.- This rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 ......ds. The then Chairman of Petro Bangla totally ignoring the said comments arranged to send a memo to the Energy Ministry highlighting the analysis of attractive sides of accepting the proposal. Then a meeting was held on the subject on 26-1-1999 under the Chairmanship of the Secretary, Ministry of En..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....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......rst class Contractor; and Mohammad Altaf Miah read upto Clan IX and he is a Jail Contractor and a merchant in Sylhet town. The Inspector finding their educational and professional qualification practically equal, on the basis of which it was difficult to assess their fitness resorted to opinion poll...... 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...Category: Trust/Waqf Law | Date: | Hits: 188
....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......said Trade Union instituted Other Suit No. 68 of 1988 in the Court of Assistant Judge, Second Court, Sadar, Chittagong for both mandatory and permanent injunction, with the prayers which are specifically stated in prayers. 'Ka' and 'Kha' respectively in the plaint as below:
“(ক) ম্য......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....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......din Ahmed, Advocate - For opposite party. Amirul Kabir Chowdhury, Deputy Attorney General - As Amicus Curiae. Criminal Revision Case No. 36 of 1987. Judgment Md. Abdul Jalil J.- This Rule calls in question the order dated 30.4.87 passed by the Chairman, Labour court, Chittagong in C.R. C......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)
....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;......ner. There is no apparent violation of any rule and furthermore this point also involves a question of fact as to how and in what manner the rules have been violated. 8. In the present case we are called upon to decide a complicated question of disputed fact which can be better settled upon evi......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. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
...., 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...... for sale, enter any building, vessel or places in which he has reason to believe that an offence under this Act has been committed, seize such drug and all materials used in the manufacture thereof, call any person from the neighborhood to be present as a witness in course of search, require any pe......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)
....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......h Writ Petition No.1576 of 1994. Judgment AK Badrul Huq J.- The two petitioners of Writ Petition Nos. 998 of 1994 and 1576 of 1994 by two applications under Article 102 of the Constitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District ......ironmental management in general for the country. Studies were made and as a result of studies, a list of 11 Guiding Principles of Flood Control has been formulated. In July, 1989 in Washington DC, a meeting of the Government of Bangladesh and some donors was held and it was agreed that an Action Pl..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....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. ......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
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