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Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....orker and dismissed as such under the Labour Law, a question arose whether the suit was barred or not. Their Lordships of the Appellate Division on a reference to the case of Jogesh Chandra Datta Vs. Government of Bangladesh, 30 DLR 219 hold that the suit was impliedly barred because of a special re...... Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. La......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ...... (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......ustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the process of the Court. 4. In Bangladesh by the Law Reforms Ordinance of 1978 a new procedure has been prescribed for trial of Ses......) (1996) 102. ......: 48 DLR (HCD) (1996) 102. ..

Category: Procedural Law | Date: | Hits: 140

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......nnual general meeting making it impracticable to hold the adjourned meeting or lay the balance sheet. 4. The presentation of this application was also published in the national dailies and in the Bangladesh Gazette. No one has come forward to oppose the application. 5. In the circumstances t...... High Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Bengal Steel Works Limited....................Plaintiff Vs. Registrar of Joint Stock Companies and Firms ..................Respondent Judgment November 23, 1995. Result: The applicati......in: 48 DLR (HCD) (1996) 101...

Category: Company Law | Date: | Hits: 358

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......Judgment Md. Mozammel Hoque J.- This First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impu......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199....... ..

Category: Others | Date: | Hits: 139

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....esaid building at Nazimuddin Road, Dhaka, had been established as a Court of Sessions Judge with effect from 28th August, 1995. Section 9(2) of the Code of Criminal procedure runs as follows: "The Government may, by general or special order in the official Gazette, direct at what place or the Cou......sh PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal Procedure riled by the former President of Bangladesh. Mr. Hussain Mohammad Ershad, challenging the order dated 16.8.95 passed by the Sessions ......dent Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bi......ision (Criminal Revisional Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J Hussain Mohammad Ershad [former President Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is ..

Category: Criminal Law | Date: | Hits: 121

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....gh Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment ......Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment May 21, 1995. Result: The applica......n) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment May 21, 1995. Result: The application is rej......t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgm..

Category: Property Law | Date: | Hits: 95

KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)

.... defence hearing of the case was further adjourned. Thereafter on 2.1.89 petitioners moved this Court and obtained this Rule challenging the said order of revival. 4. Director General of Shipping, Government of Bangladesh by his Memo No.8(19)‑1, S/555(3) dated 28.11.88 appointed Mr. Redoanul Ba......ng of the case was further adjourned. Thereafter on 2.1.89 petitioners moved this Court and obtained this Rule challenging the said order of revival. 4. Director General of Shipping, Government of Bangladesh by his Memo No.8(19)‑1, S/555(3) dated 28.11.88 appointed Mr. Redoanul Bari, Advocate a......s also Reported in: 48 DLR (HCD) (1996) 92. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haque J KM Mahmudur Rahman and others....................Petitioner Vs. State..................Opposite Party Judgment November 14, 1995. Result: The Ru..

Category: Criminal Law | Date: | Hits: 88

Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....urisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgmen......CD) (1996) 91. ...... Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgment July 12, 1995. Result: The petition is re...... DLR (HCD) (1996) 91. ..

Category: Constitutional Law | Date: | Hits: 247

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

.... of the two cases that after taking cognizance, process were issued against the accused persons. After appearance of the accused persons before the Court on 8.11.90, Senior Special Judge wrote to the Government for according sanction in Special Case No.8 of 1990 for quashing which Crl. Revision No.3......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.................opposite Party Anower Hossain................Petitioner Vs. State.......................opposite Party Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. ...... (HCD) (1996) 90...

Category: Criminal Law | Date: | Hits: 112

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......e Respondent No.2. Writ Petition No.255 of 1985. Judgment Mustafa Kamal J.- This Rule Nisi obtain under the revived Article 102(2) of the suspended Constitution of the People's Re­public of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the P......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ......n (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20..

Category: Procedural Law | Date: | Hits: 180

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1.......s Case is also Reported in: 39 DLR (HCD) (1987) 1.......987) 1.......sion (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rah­man J Bangladesh Chemical Industries Corporation and another...............Petitioner Vs. Registrar, Joint Stock Companies and another...............................Respondent Judg..

Category: Company Law | Date: | Hits: 306

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....said manner is violative of Article 28 of the Constitution of Bangladesh as the amendment is made on the basis of sex alone. She further states that her retirement age is governed by section 4 of the Government Servant (Retirement) Act, 1974 and she cannot be retired before completion of 57 years of......CD) (1996) 132....... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ...... DLR (HCD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

....ge do the Board had decided in its meeting held on 5.1.85 that the order of dismissal of the petitioner was illegal and was not sustainable being in violation of Regulation 12 of the Recognised Non‑Government, Intermediate College Teachers' (Board of Intermediate and Secondary Education Jessore) T......lso the letter under Memo No.51–6/100/86 dated 14.3.86 under the signature of the Principal of the Kapilmuni College addressed to Janab Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court of Bangladesh as at Annexure‑F to the writ petition are hereby declared to be illegal, without lawful......reme Court High Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Sheikh Roushan Ali...........Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others..........Respondent Judgment August 29, 1995. ......: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....st below the names of the respondent Nos.4‑10 filed objections to the Authority between 24.5.86 and 29.5.86 with the prayer for fixation of seniority as Assistant Engineer as per the then Pakistan Government's circular and other memos mentioned in the objections. The Authority while made service ...... of Local Government, Rural Development and Co‑operatives (Local Government) and also sent copy of the letter written to Ministry of Local Government to the Ministry of Establishment, Government of Bangladesh seeking clarification and decision as to general principles of seniority enunciated in th...... This Case is also Reported in: 48 DLR (HCD) (1996) 121....... (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....igned from the post of Vice President and Mr. Justice Shahabuddin Ahmed, the former Chief Justice of Bangladesh, was appointed Vice President. Later on Justice Shahabuddin Ahmed after the fall of the Government of Lt. General Hossain Mohammad Ershad become acting President of the Republic and was th......and others Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; Pooran Mal Vs. Director of Inspection, 1974 (SC) 348; Bangladesh Jatiya Matsha Jibi Samabaya Samity Ltd. Vs. The Chairman Labour Court, 33 DLR (AD) 187; U......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup......orted in: 48 DLR (HCD) (1996) 108...

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....he revisional application which the petitioner filed before the learned Sessions Judge, Noakhali un­der sections 435/439A Cr.P.C. 6. The historical background of the challenge is that in 1982 the Government made a policy deci­sion to invest Executive Magistrate with sweeping judicial powers to ......n 6 which is as follows:- "6. Besides the Supreme Court and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in Bangladesh, namely:- I.- Courts of Session; II.- Metropolitan Magistrates; III.- Magistra......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Be­gum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum...... Present: Mustafa Kamal J Mo­hammad Abdur Rouf J Mohammad Shohrab Ali J Syed Fazle Ahmed J Mahmudul Amin Choudhury J Nurul Huda……………………………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March..

Category: Criminal Law | Date: | Hits: 158

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....member of the Parliament. Since the petitioner was elected as a member of the Parliament he ceased to be a Chairman of the said Upazila Parishad in view of sub-section (3) of sec­tion 6 of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordi­nance, 1982 (Ordinance...... (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Zulfiquar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment January 16, 1989...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna......ivision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Zulfiquar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment January 1..

Category: Election Law | Date: | Hits: 252

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....the review application, which is Annexure N l, the sec­ond impugned order. 6. In this Writ Petition the only ground urged upon by Mr. Md. Hannan, learned Advocate for the petitioners, is that the Government had no power and jurisdiction of entertaining either any appeal or revi­sion from the fi......ial Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and other......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and others..................................Respondents (In Wr...... (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms an..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....ourashava Or­dinance, 1977 which had no manner of application at all in the facts and circumstances of the case. The Municipality can in such circumstances easily proceed under the provisions of the Government and Lo­cal Authority (Lands and Buildings) Recovery of Possession Ordinance, 1970 (Ordin......a Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another.............................................................Respondents (Wr......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another.............................................................Responde..

Category: Property Law | Date: | Hits: 145

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....jibur Rah man and amongst the occupants some had filed application for lease of the suit holding. Since the owner Ram Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created for......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......sion (Civil Appellate Jurisdiction) Present: Mozammel Hoque J Abdul Karim J Additional Deputy Commi­ssioner (Revenue) Dhaka………………Appellant Vs. Md. Mostafa Ali Mridha and others…………………Respondents Judgment July 22, 1993. Result: The appeal is......preme Court High Court Division (Civil Appellate Jurisdiction) Present: Mozammel Hoque J Abdul Karim J Additional Deputy Commi­ssioner (Revenue) Dhaka………………Appellant Vs. Md. Mostafa Ali Mridha and others…………………Respondents Judgment July 22, 199..

Category: Property Law | Date: | Hits: 134