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Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....er……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Ap......asoning and while passing the decree the learned Courts below have refused the prayer of the plaintiff for arrears pay and allowances and confirmed the continuous service and hence no interference is called for. In the facts and circumstances of the case and for reasons stated above I do not find......he Regulation-3 of MLR No.1 of 1982 reveals that a review of the proceedings of a Martial Law Court is an “essential part” of the original proceeding which is unknown to the ordinary procedure of trial of criminal case under the Code of Criminal Procedure, 1898. Regulation 3(5) provides that any......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t..Category: Employment/Service Law | Date: | Hits: 182
....Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......er.
Asaduzzaman with Korban Ali, Advocates, For the Respondents.
Writ Petition No.730 of 1938.
Judgment
AM Mahmudur Rahman J.- This Rule Nisi issued under Article 102 of the Constitution called upon the respondents to show cause as to why the impugned judgment and order passed by the re......of the Ordinance was competent before the Labour Court. In the present rule the petitioner has not approached this court under Article 102 in the capacity of a bargaining agent in respect of any industrial dispute. Our opinion on the facts of the present case is that the present writ petition is qui......h Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Pabna Motor Employees Association………..……Petitioner
Vs.
The Member, Labour Appellate Tribunal and others...............Respondents
Judgment
May 20, 1991.
Result:
The Rule is discharg..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....oners who are shareholders of the Company, have filed this application alleging, inter alia, that the petitioner Nos.1 and 2 are the original shareholders and their father late Md. Ashraf Ahmed was also a share holder of the company. After the death of Md. Ashraf Ahmed the present petitioners inheri......d equitable that the company should be wound up. From the above provisions, it appears that it is upto the discretion of a Court to see whether the facts and circumstances of a particular case may be called as just and equitable in order to pass an order of winding up of a company. Elaborating his s......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
.... petition of complaint on 24.2.87 in the Court of Upazila Magistrate, Patiya against the respondents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and t......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......47 of the Code of Criminal Procedure has application in all criminal cases after omission of Chapter XXI and amendment of Chapter XX of the Code of Criminal Procedure whereby different procedures for trial of warrant cases and the summons cases by a Magistrate were abolished and the Chapter XX was m......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden..Category: Procedural Law | Date: | Hits: 85
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....dents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge s......e provision of section 26 of the Local Government (Union Parishad) Ordinance, 1983 (shortly the Ordinance). He further submits that section 26 of the Ordinance provides that no such election shall be called in question except by an election petition under sub-section (2) of section 26. 7. Let us ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....nior Assistant Judge, Paikgacha, Khulna against the rule petitioner and opposite party Nos. 2-14 on the allegation contending, inter alia, that the SA recorded tenant Jogendra Nath died leaving his son Bikash Mondal from whom the pre-emptor and Babu Rama Saha purchased some land from of said SA ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ition of the pre-emptor. In my opinion the statement that has been made by pre-emptees in the application under Order VII Rule 11 (d) of the Code of Civil Procedure is a matter to be decided by the trial Court after adducing evidence by the parties on this point. Because those facts only can be de......ditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....(Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Result: The Rule is made absolute. Cases Referred to- State Vs. Aynuzzaman, 1987 BLD (AD) 100; Maharashtra State Board Vs......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Res..Category: Criminal Law | Date: | Hits: 79
....been entered into by the plaintiff and defendant respondent petitioners Abdul Kader and Sk. Saizuddin.
3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala d......of section 36 of the Stamp Act."
Section 36 of the Stamp Act reads as follows:
"where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has......hey had already transferred the suit land to their respective wives, defendants No.3 and 4 on 8.12.1981.
4. The plaintiff examined 3 witnesses and the defendants examined two witnesses.
5. The trial Court after considering the facts and circumstances of the case and evidence on record came to......acated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....howdhury with AQ Rashid Ahmed, Advocates ‑ For the State. Criminal Appeal No. 2030 of 1991. Judgment Muhammad Ansar Ali J. -This appeal at the instance of accused Bahar Uddin alias Bahar, son of Mohiuddin arises out of the judgment and order dated 31.10.92 passed by the learned Additiona......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......tran Ain on 19.11.90. On the prayer of the accused, they were granted bail by the Magistrate before whom they were produced. Thereafter the case was forwarded to the learned Sessions Judge, Dhaka for trial and the learned Sessions Judge received the, same on 10.1.91 and thereafter transferred the sa......…………………………Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....f Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondent......n or grant of immunity is without any condition, it falls within the purview of section 21 of the General Clauses Act which action can be taken at any time by the Government and such action cannot be called in question before any Court of law. In that view of the matter we hold that no vested right ...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......ering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondents (In all the wri..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....t Authority.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation Vs. Sumi......nce of contract money if bidder sought for price escalation and unsuccessfully prayed for arbitration with direction for rectification of contract in violation of arbitration clause in the name of so called unilateral mistake the authority concern will be unable to implement the policy work with a h...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....iah J Farah Mahbub J Mahatab…………………………Petitioner Vs. State…………………………Opposite Party Judgment March 11, 2010. Result: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (......uch, the same is liable to be set aside. 8. Mrs. Shakila Rowshan, the learned Deputy Attorney General for the state however opposed the Rule stating that all the witnesses are not required to be recalled. She further submits that only the witnesses may be recalled. 9. Before entering into th......nd out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where under any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person as a witness or exa......ligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....of ceiling fans since 1990 and has been manufacturing and selling the same under the brand name of Chandan National with a design different from other fans available in the market. This petitioner, also applied for the registration of his trade mark and design to the Registrar of Trade Marks and the......ate and that this petitioner has allegedly infringed the registered design which is, according to them, an imitation of their registered design. It is the further case of the petitioner that the so‑called registered design of respondent No.1 was not a new or original one on the date of its registr......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......etor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he is a manufacturer and seller of ceiling fans since 1990 and has been manufacturing and selling the same under the bran..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....resent: Gour Gopal Saha J Didar Ali and others………………Petitioners Vs. Naziur Rahman………………Opposite Party Judgment May 4, 1998. Result: The Rule is made absolute. Cases Referred to- Sold Bibi Vs. Amiran Nessa and others, 5 BLT 117; Rahmat Ali Vs. Ba......y. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advo...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others............................irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ...... be dismissed. 6. On the pleadings different issues were settled including the issue of maintainability. And whether the plaintiff has right, title and possession in the suit property. 7. After trial the learned Assistant Judge. By the judgment and decree dated 11-11-1987 decreed the suit in p......n) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....e Tafader………………….Petitioner Vs. Md. Monir Hossain Patwary and others...............................Opposite Parties Judgment July 14, 2009. Result: The Rule is made absolute. Cases Referred to- 42 DLR 533; 46 DLR 268; 1 BLC 375. Lawyers Involved: Abul Kal......ituted Title Suit being Title Suite No.15 of 2002 in the Court of the Senior Assistant Judge, Chandpur Sadar Chandpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsorily retiring the plaintiff-pet......or retirement from the service as a teacher and the petitioner signed and agreed and, as such, the notice of retirement was served upon him; thus the suit is liable to be dismissed. 4. The learned trial Court on consideration of the evidence and materials on record decreed the suit. As against th...... 426. ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....pellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State…………………………………Appellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dis......ent. There is no finding about the ligature mark on dissection. None could die without cerebral failure. Cerebral failure is the terminal point of death. At the time of post mortem examination he was called to the morgue by Dr. Shahidul Islam and he going there observed post mortem examination. He t......case was recorded. Accordingly final report was submitted in the Unnatural Death Case. After investigation of the murder case charge sheet was submitted against the accused, who eventually was put on trial in the Druta Bichar Tribunal No.4, Dhaka, wherein charge under sections 302 and 201 of the Pen...... State…………………………………Appellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dismissed. Cases Referred to- Abdul Motaleb Howlader Vs. State, 5 MLR (AD)..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....hman J Naimuddin Molla and others……………….Petitioners Vs. Ibrahim Molla and others………………..Opposite Parties Judgment May 14, 2008. Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md......is name in the relevant record of right and paid the rent and taxes to the government in his own name and while possessing the same, he proposed to sell a portion of the said property, hereinafter be called the suit property, measuring an area of 1.02 acres to the plaintiff at a consideration of Tak......the government that due to such illegal act of the defendant No.1, the government has already resumed the settled property and none of the parties are in possession of the suit property. 6. At the trial, the plaintiff examined himself as P.W.1 who was duly cross-examined by defendant No.1 and als......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....l application. 2. This revisional application under sections 439/435 CrPC is directed against the judgment and order of affirmance passed by Mr. Mustafa Inamul Hafiz, Additional Sessions Judge, Jessore in Criminal Appeal No. 78 of 1987 arising out of the order of conviction and sentence of 1 year......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ...... Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....o streets by boycotting the sessions of the Parliament. 2. Mr. Md. Anwar Hossain Khan, the petitioner, has filed this writ petition challenging and unabated abstention of respondent Nos. 3‑5 and sought relief by way of declaration and mandamus so that the abstaining members may be sent back to ......ot, whether respondent Nos. 3‑5 are persons within the meaning of Article 102 of the Constitution or not, as to whether the continuous absence from Parliament without leave of the Parliament can be called in question by the petitioner or not. Upon consideration of these issues it could be said whe...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......zi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of..Category: Constitutional Law | Date: | Hits: 344
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