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Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....�…………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubu......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......on and had been continuingly violating the order of this Division wilfully and deliberately without carrying out the same, the petitioner moved the instant Contempt Petition for drawing up a contempt proceeding against the respondents upon which a Division Bench of this Division presided over by Mr...

Category: Employment/Service Law | Date: | Hits: 115

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....�েয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contempla......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......es that the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

.... decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect. 2. Respondent No.2 Abul Hossain filed IRO case......made without any 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: 45 DLR (HCD) (1993) 357.......e or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been ..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....f the Penal Code read with section 5(2) of Act II of 1947. The appellants pleaded not guilty of the charges levelled against them. To prove the charge the prosecution in all produced and examined as many as 12 witnesses while the defence examined none. The defence case as far as it can be gathered f......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......d appellant under section 342 CrPC. From the persual of the record it appears that these appellants were examined under section 342 of the Criminal Procedure Code on 8.10.90. P.W.1, who initiated the proceeding and also partly investigated the case, during his examination‑in‑chief stated that he..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

.... plaintiff is forged and fabricated document inasmuch as Manada Sundari never executed it and that she did not enter into contract for sale of the suit land nor executed Bainapatra and never received any earnest money and the ex parte decree obtained by plaintiff against the son of Manada Sundari is......t to have the plaint amended for adding consequential relief. This contention of the learned Advocate cannot be entertained because opportunity to amend the plaint was available to him at the initial stage but it was not availed of. The suit No.135 of 1973 was filed in the year 1971 with a prayer fo......om Manada Sundari's husband Nagendra in respect of the suit land on the plea that Nagendra took pattan of the suit land in the benami of his wife and on the basis of that sale deed Ext.'A' a mutation proceeding was initiated and on the basis of that mutation proceeding defendants got their name muta..

Category: Procedural Law | Date: | Hits: 105

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......e case of Makhan Lal Chawdhury Vs. Chandi Nath Majuinder and others, 1931 Cal 779 wherein it has been observed "The application for stay of subsequent suits, because of previous suit in its appellate stage is pending is made on the principle of section 10 CPC. Attempt should first be made in the Cou......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..

Category: Property Law | Date: | Hits: 68

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....affirmative on the personal appearance of Jagannath Banerjee before the trial Court and ascertained that he had signed the Misc. Petition. The learned Subordinate Judge be directed to consider afresh any petition filed by the petitioner under Order 22 rule 10 CPC after the question whether Jagannath......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......and 4 has been absolutely unwarranted before arriving at a firm decision as to whether the Misc. case was filed by the plaintiff Jagannath Banerjee. He has, however, raised a plea of abatement of the proceeding, but this does not seem to be so much relevant for the purpose of disposal of the instant..

Category: Procedural Law | Date: | Hits: 77

Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....ember 29, 1986 by the respondent 1 has been made without lawful authority and is of no legal effect. 2. The petitioner was the Assistant Cashier under the Respondent 4, the Crescent Jute Mills Company Ltd. He was dismissed from service by the Respondent‑company on the allegations, inter alia, t......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......ic tribunal, it can convert an order of dismissal to an order of termination. Such order merely on the ground of stigma cannot be declared as made without jurisdiction unless it can be shown that the proceeding of the Domestic Tribunal is vitiated by procedural defect. This is not present here in th..

Category: Labour and Industrial Law | Date: | Hits: 115

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

.... approach to the case will also be a defect in procedure if it substantially affects the merit of the case. But in the instant case no evidence was discarded on the ground of inadmissibility, neither any erroneous approach was made to the case. In view of this fact the concurrent finding of the Cour......pellate Court for its admission into evidence but ultimately that application was not pursued by the defendant appellant. Moreover, this operates as check against easy reception of evidence at a late stage of litigation. 14. Thus it is found that the requirement of the Court itself is for the pur...... approach was made to the case. In view of this fact the concurrent finding of the Courts below coupled with admission in the written statement regarding sale of the disputed holding in a certificate proceeding undoubtedly relates to the question of fact and it will stand undisturbed, even if such f..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....d executed and registered by Roushan Ali in favour of defendant No.7 Azibar was not acted upon and the learned trial Court further held that the defendant's kabala Ext. A also did not operate to pass any right, title and interest in favour of the transferees and that plaintiff continued to remain in...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......al to his own interest. Further it appears that the Ext. 2 was registered in the year 1947. But no dakhila produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiated by defendant No.7 to have the land of Ext. 2 recorded in his name. These a..

Category: Property Law | Date: | Hits: 91

Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)

....ely triable by the Village Court under the Village Courts Ordinance, 1976, and in view of the clear provisions of the said Ordinance the trial Court and the Sessions Judge acted illegally and without any jurisdiction in trying, convicting and hearing the appeal against the said order of conviction a...... No.2 here, is that accused persons (numbering item total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over irrigating the land of accused Joynal and at one stage of the quarrel accused persons formed an unlawful assembly armed with various weapons and atta...... in Part I of the Schedule in the said Ordinance, sections 323, 447 and 147 have been exclusively mentioned to be triable by the Village Court. Therefore, the learned Advocate submits that the entire proceedings from the very beginning to the end are absolutely without jurisdiction. In this connecti..

Category: Criminal Law | Date: | Hits: 79

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

....1 rule 10 of the Code of Civil Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The plaintiff No.1 took lease for the year 1360 BS on annual r......rder in the case as it thinks fit. It appears that the section at that time applied to jurisdiction along the irregular exercise or non‑exercise of the same. 10. So a bare reading of these three stages, would reveal what radical changes in section 115 of the Code of Civil Procedure has been bro......th the plaintiff No.1 they could be placed in the category of defendants and not as plaintiffs. This is an error in procedure and the learned Judge acted with material irregularity which vitiated the proceedings or affected the decision resulting in miscarriage of justice. 17. P.W.1 Abdul Latif i..

Category: Property Law | Date: | Hits: 96

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

....n application purporting to be under section 151 of the Code for vacating the order as also for dismissal of the application under rule 99 on the plea that the petitioners had no locus standi to file any independent application under rule 99. 3. After hearing the parties, the executing Court sust......Court is to issue a warrant under r. 35. A third party, meaning thereby a person who is not the judgment‑debtor or a representative in interest of the judgment‑debtor, has no locus standi at that stage to apply that the application of the decree-holder for actual delivery of possession should be......ment‑debtor or a person bound by the decree in which case he has to apply under r.97 for getting the title and nature of possession of the person obstructing or resisting investigation in execution proceedings. But he is not bound to apply under r.97 and may ignore the obstruction or resistance an..

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 1991, 20 CLC (HCD)

.... University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents Judgment August 13, 1991. Result: The Rule is discharged without any order as to cost. Cases Referred To- Shiv Narayan Vs. Vice‑Chancellor, University of Sag......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......e petitioner and without giving him any opportunity of being heard. Under the provision of the statute of the University an action affecting the service of a teacher can be taken only upon drawing up proceedings and holding enquiry and affording the teacher an opportunity of being heard in respect o..

Category: Employment/Service Law | Date: | Hits: 155

State Vs. Amin Huda, 2011, 40 CLC (AD)

....Court Division misinterpreted the provisions of section 39 of the Narcotics Control Act, 1990 and thus erred in law in quashing the impugned proceedings; (c) The Government having power to appoint any officer subordinate to the Director General, the High Court Division erred in law in quashing th...... The Tribunal by its order dated 31-1-2008 framed charges in both the cases against the accused-respondent and the co-accused under table 5 and 9(Kha) of section 19(1) of the Act, 1990. 5. At this stage of the cases, the respondent filed two applications before the High Court Division under secti......on 19(1) of the Act, 1990. 5. At this stage of the cases, the respondent filed two applications before the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceedings of the said two Druta Bichar Tribunal cases. In both the applications, Rules were issued..

Category: Criminal Law | Date: | Hits: 112

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB Division (Vol. 11) 463; United Planters and Traders Ltd. Vs. Md. Mosharraf Hossain......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... the petitioners' relief does not lie under the Companies Act. It is further alleged that in the present case there are so many disputed questions of facts which cannot be adjudicated in such summary proceeding. It is their further case that the petitioners committed forgery in the subsequent agreem..

Category: Company Law | Date: | Hits: 159

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

.... created under the aforesaid section 45 of the Ordinance. Section 45 provides as under- "No act done, order passed or proceedings taken by the controlling authority or the Board or the Chairman or any other officer of the Board or by any Committee under the Ordinance, shall be called in question ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......nalty against the plaintiff, passed by the Board clearly comes under the bar as created under the aforesaid section 45 of the Ordinance. Section 45 provides as under- "No act done, order passed or proceedings taken by the controlling authority or the Board or the Chairman or any other officer of ..

Category: Civil Law | Date: | Hits: 84

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

....ate Judge, first Court, Khulna (now Joint District Judge) for redemption of the mortgage property along with other reliefs on the averments, inter alia, that plaintiff No.1 is a private limited company constituted by the shares having its head office at Mirerdanga under Police Station Daulatpur ......2007 before this Division and leave was granted on 29-6-2008 to consider the submissions made by Mr. Nurul Amin, learned Advocate for the appellants that amendment of the plaint may be allowed at any stage of the proceedings and the proposed amendment would not change the nature and character of t......his Division and leave was granted on 29-6-2008 to consider the submissions made by Mr. Nurul Amin, learned Advocate for the appellants that amendment of the plaint may be allowed at any stage of the proceedings and the proposed amendment would not change the nature and character of the suit, rath..

Category: Civil Law | Date: | Hits: 86

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

.... been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and without giving any warning dashed MV Zahirabad and caused heavy damage to its body. Having caused the aforesaid dam......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......o.3 is not in any way responsible for the alleged damage caused by the defendant Nos.1 and 2 unless and until the defendant Nos.1 and 2 are legally and properly notified and brought on records in the proceeding, a decree against them (foreigners) cannot be passed and as such the submission of Mr. Ra..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

.... further case of the appellant that this mandatory injunction as allowed and ordered by the Court below is misconceived because under the provision of Ordinance 24 of 1970 an appeal would lie against any order passed by the Government evicting a trespasser, which was not done. 4. The case of the ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ...... of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting trespassers. The Mukti Judda Kallayan Trust has nothing to do with the proceeding of the eviction and it is the further case of the appellant that this mandatory injunctio..

Category: Property Law | Date: | Hits: 389

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