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Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... MA Azim 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...... 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.......aint Case No. 1 of 1997 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 directing the petitioner. Karnafuli Fertilizer Co. Ltd. to reinstate the respondent No. 2 to his former post in service with back wages and continuity in service and other allowance. 2. Responde...... 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
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....nt 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, 45 DLR 169; Serajuddin Ahmed and oth......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......., Sonali Bank as plaintiff filed a suit being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court, Dhaka impleading the present appellant Noor Alam and 2(two) others as defendants for realization of its outstanding dues amounting to Tk.4,43,888.50 with interest. The plaintiff's c......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
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....iciagade, 1310 Kobenhavn K., Denmark............................Petitioner Vs. Northern Corporation Limited, having its office at Plot No. 91, Block K, Suhrawardy Avenue, Baridhara, Dhaka-1212, Bangladesh...........Opposite Party Judgment October 28, 2010. Result: This Application ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......313; 30 BLD (HCD) (2010) 623. ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....nal Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners Vs. Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The ......a, AIR 1987 (SC) 2342; Kerala Hotel and Restaurant Association Vs. State of Kerala, AIR 1990 (SC) 913; Dr. AK Jain Vs. Union of India, 1987 (Supp) SCC 497; Talekhai Progressive Fishermen Co-operative Society Limited Vs. Bangladesh, 1981 BLD (AD) 103; Hazerullah Vs. Assistant Commissioner, Board of M......authority and of no legal effect and why the respondents should not be directed to reguÂlarize the service of the petitioners in Biman purÂsuant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benef...... 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)
.... 55 DLR 596; 6 DLR (WP) 143; 12 DLR 279; 45 DLR 352; 13 DLR 82; 13 DLR 397; 9 BLC (AD) 162; 52 DLR 335; 53 DLR 125; 51 DLR 125; 51 DLR 25; 5 BCR 184; 59 DLR 407; Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 B......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. ......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i......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)
....competency between the two claimants. The remarks are definitely unfair, inasmuch as, the Administrator in discharging his functions relating to the administrator and management of waqf properties in Bangladesh is required to decide the question of succession. In such a case he is not required to re...... 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.......f the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whe...... 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
....e opposite party No.1 herein is a trade union known as Kaptai Rope Line and RD & BB Project Workers Union bearing Registration No.593 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnap......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........
Md. Nurul Huda with Faridul Alam Chowdhury Advocates - For the opposite party petitioner.
Civil Revision No. 329 of 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 th......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)
....uary 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; Second Labour Court of E. Pak (Now Bangladesh) & Moksud Ahmed Vs. A.K. Khan & Co. Works Union, Chittagong, 25 DLR page 192; Md.......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......t he was a mechanic of the said Estate. The opposite party dismissed him from service on 27.12.77 on the ground of unauthorized absence from duties without issuing any notice to show cause. He prayed for his re-instatement in service. 3. The said case was contested by the 2nd party Management who......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. 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)
.... 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; Amjad Hossain Howlader Vs. Govt. of Banglad......e, if any, for vindication of his right, if so adÂvised. 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. ......tion and publication of result in the official GaÂzette. 2. The petitioner's case, in brief, is that he is a renowned social worker and has been working as Chairman of the Malonchi Union Parishad for the last four and half years. The petitioner contested the election along with respondent Nos.1 ......e, if any, for vindication of his right, if so adÂvised. 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)
....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. ......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. ...... 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 impriÂsonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to......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)
....K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water DevelopÂment and Flood Cont......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. ......itiated pro bono public. Initially, the petition was summarily rejected by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has......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. ..Category: Environmental Law | Date: | Hits: 1051
....Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Standard Manufacturing Company Ltd. represented by its Managing Director…………Petitioner
Vs.
Government of the People’s Republic of Bangladesh represented by the Joint Collector of Customs, Customs Division, Benapole, Jessore and ot......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
...... impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that sample of......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....DLR (HCD) (1998) 71. ......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. ......h Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a quali......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. ..Category: Civil Law | Date: | Hits: 90
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....een heard together and shall be disposed of by this judgment. 4. The vessel MV Mauro D'Alesio and the vessel MV Hawai Splendour collided with each other on 8-12-95 within the territorial waters of Bangladesh. 5. The owner of the vessel Mauro D’Alesio as plaintiff filed Admiralty Suit No......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......lty Suit No.13 of 1996. Judgment Kazi AT Manowaruddin J. - These two applications have been filed by the owner of the vessel MV Hawai Splendour under section 34 of the Admiralty Court Act, 1861 for obtaining security from the owner of the vessel MV Mauro D'Alesio. 2. One of the applications......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
.... Present: Mahmudul Amin Choudhury J M Bazlur Rahman Talukder J M R Sikder………………………………………………………………………………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgm......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......udge, 3rd Court, Dhaka in Title Suit No.284 of 1993 should not be set aside. The learned Subordinate Judge by the said order accepted the security bond furnished by the present opposite party in the aforesaid suit which was filed under section 33 of the Arbitration Act as amended. 2. The short fa......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....ul Kabir Chowdhury J Mohsin Hossain (Md.)……………………………………………………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspector of Police, Modjheel Police Station asking the petitioner to produce its documents is under challenge. 2. Learned Advocate appearing for the petitioner submitted that though no investigation was pending against the petitioner he was ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..Category: Criminal Law | Date: | Hits: 60
....ction)
Present:
KM Hasan J
Md. Fazlul Haque J
Jobon Nahar and others……………………………………………………………………………………Petitioner
Vs.
Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of th......‘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.
......the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the......‘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
....……………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others…………..…………………Respondents
Judg......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ted 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition, supplementary affidavit and affidavit‑in‑reply su......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....r 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 and appear on his behalf on 5-9-93 but before he could reach the Court......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......No.38 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 m......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..Category: Criminal Law | Date: | Hits: 56
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