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....iction to issue Rule and the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisions and provision of l......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.......Petitioner
Vs.
Registrar of Trade Unions, Chittagong & others.......................Opposite Parties
Judgment
January 30, 1989.
Result:
The application is allowed on contest and order of ad-interim injunction is set aside.
Lawyers Involved:
A.Y. Salehuzzaman with SK. ......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)
....it, be deemed to be a Court of Sessions under that Code." Under section 37 an appeal has been provided against the award given by the Labour Court under the Industrial Relations Ordinance. The relevant portions of section 37 are quoted below:- "37. (1)............................................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. ...... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......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)
....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. .......2.88 he went to submit election materials along with the result sheet to the Returning Officer, while he reached the office premises of the Returning Officer the ballot boxes containing the ballot papers and other election materials were snatched away by some unknown miscreants and as such he cou......r 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; Amjad Hossain Howlader Vs. Govt. ......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)
....s and conceded that in the instant case the procedures as laid down in the Drugs Act had not been followed by the prosecution and he found nothing more to submit. 8. In the instant case, certain relevant facts are not disputed namely, that the Executive Director of Hoechst Pharmaceuticals Mr. J......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. ......o Reported in: 41 DLR (HCD) (1989) 246. ...... Mr. N. H. Khondakar, the learned Advocate appeared for the appellant and Mr. S.B. Barua; the learned Advocate appeared for the State. Mr. N. H. Khondakar having taken me through the judgment and the documents on record has submitted that the conviction and sentence as passed by the learned Court be..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....r claims that “BELA” has been active since the year 1991 as one of the leading organizations with documented and well recognized expertise and achievement in the field of environment, ecology and relevant matters of public interest and “BELA” has developed itself into an active and effective...... their participation in many activities of the project have been ensured. 11. Further assertions made in the affidavits-in-opposition are, that the local people welcome the project. Many local newspapers published opinion of the local people concerning the project which indicates the positive att......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A 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......pment (UNCED) Brazil, 1992, the speech made by Mr. Saifur Rahman, former Finance Minister of Government of Bangladesh in the Third Conference of Flood Action Plan in 1993 held in Dhaka and some other documents had been referred to in this context. 51. The ‘FAP-20’ project is an experimental ..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....s and other connected documents to the respondent No.1, the Ministry of Law, Justice and Parliamentary Affairs. The respondent No.1 after due consideration of the petitioner’s application and other relevant papers, by Memo No.620-Justice-72N/27/86 dated 16-11-89 granted permanent licence to the pe......er connected documents to the respondent No.1, the Ministry of Law, Justice and Parliamentary Affairs. The respondent No.1 after due consideration of the petitioner’s application and other relevant papers, by Memo No.620-Justice-72N/27/86 dated 16-11-89 granted permanent licence to the petitioner ......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………...... Committee selected the petitioner, i.e. Ali Akbar and Abdul Quddus, and the respondent No.2 forwarded the names of the aforesaid selected candidates along with their applications and other connected documents to the respondent No.1, the Ministry of Law, Justice and Parliamentary Affairs. The respon..Category: Civil Law | Date: | Hits: 90
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......nder Order 39 rule 1 praying for temporary injunction. The defendant petitioners resisted the said application for injunction and the learned trial Court after hearing the parties and considering the papers filed by the parties rejected the prayer for temporary injunction and the learned appellate C......ts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....s Court may seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑int......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......urt High Court Division (Civil Revisional Jurisdiction) Present: MM Ruhul Amin J Hakim Ullah……………………………………………………….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 199......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....s to why pending disposal of GR case No.467 of 1995 now pending in the Court of the learned Magistrate, 1st Class, Court No.4, Barisal the petitioner should not be enlarged on bail. 3. Brief facts relevant for disposal of this Rule are, that on 8‑12‑95 at 11‑15 hours, Md. Mizanur Rahman, th......istant Attorney‑General, opposes the prayer for bail and submits that the victim has been murdered. 6. Heard the learned Advocate and perused the First Information Report, charge sheet and other papers. It appears that in the First Information Report there is no overt act on the part of the pet......twali Police station Barisal stating, inter alia, that on 8-12‑95, at 21-00 hours, while he was at BNP office, he came to know that his elder brother Mosudur Rahman (Babu) received serious injuries and he is in Sher‑e‑Bangla Medical College Hospital and hearing the aforesaid news the informant......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....n defined either in the Arbitration Act or even in the Code of Civil Procedure and the term security "does include the words surety and guarantee which may be provided for by any surety". Placing the relevant file of the Board Mr. Bhuiyan submits that proposal for furnishing surety by Chairman and M......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. ......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G......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)
.... 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. ...... 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. ......……………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgment July 22, 1996. Result: The Rule is made abso......itioner M Mohsin Hossain legality of the notice dated 22‑7‑95 (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 tho..Category: Criminal Law | Date: | Hits: 60
....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.
......2½ minutes of entering the toilet room. He heard sound of knocking at the door and on opening the door he found invigilator Dr. Joarder Kamruzzaman and Dr. Mahfuzul Aziz who asked him to lift those papers from the floor. But he refused to do so as he had no connection with the same. But Dr. Mahfuz......J
Amirul Kabir Chowdhury J
Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o......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)
....l Code is barred in view of section 196 of the Code of Criminal Procedure. There have been other incidentals points raised in this case which will be disposed of in course of the judgement. 3. The relevant facts are that, the opposite party No.2 Moulana Md. Yusuf an inhabitant of Gopalganj filed ......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. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994.......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
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....n PS Case No.17 dated 5-1-94 under sections 467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II/47) should not be quashed. 2. The short facts relevant are that, one Mr. Md. Moslehuddin, inspector, Bureau of Anti-Corruption, Dhaka, lodged an e......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/47......10‑93 rejected his application for approval. During enquiry it was detected that the petitioner No.1 was the owner of only 3‑3/4 kathas of land and that petitioner No.1 created 9(nine) forged documents in collusion with the petitioner No.2 in order to cheat the general public. Thereafter wit..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......if Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi a......n raised by the defendant is a bona fide question or not and whether the question of title involved is a complicated question or not. Here in the instant case we have already seen that the registered documents are in the name of the plaintiff and that the defendant‑petitioner is a tenant in inspec..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....y in setting aside the finding of the Tribunal that the Opposite Party 2 did not incur disqualification. Exhibit‑1 indicates that the Opposite Party No.2 Faizur Rahman was indebted to the Bank. The relevant portion of Ext‑1 reads: “উক্ত ব্যক্তির নিকট খে......on that the election of No.8, Deogaon Union Parishad Under PS Muktagacha for electing Chairman held on 1‑2-92 was void on the allegations, inter alia, that at the time of scrutiny of the nomination papers of the candidates objection was raised on the validity of the candidature of Opposite Party N......h Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Sharifuddin (Md.)………………………………………….Petitioner Vs. Md. Mofizuddin Sarker and others………………Opposite Parties Judgment August 8, 1994. Result: The Rule i......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..Category: Election Law | Date: | Hits: 148
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....nd attachment under sections 87 and 88 of the Code of Criminal Procedure respectively that as the resident mentioned in the process was a rented house of the appellants they were not available at the relevant time there and accordingly, the orders could not be executed. Therefore, the case was taken......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ding the car. PW-24 was the Investigation Officer of the case and PWs- 25-26 were the driver and master of the cargo-vessels of the appellants, who were also the seizure list witnesses with regard to documents of the cargo-vessels. 30. It appears from the depositions of PWs-11-16 that none of the..Category: Criminal Law | Date: | Hits: 108
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....s in the order of detention. The respondents though called upon, could not place any material for the satisfaction of the Court. 14. Having considered the facts and circumstance of the case, the relevant provisions of the Constitution and the Special Powers Act, we hold that the detenu is being......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. Secretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....alued right which cannot be disturbed by the amendment of the statute which had no retrospective effect. He submitted that on the basis of the decision of the Election Tribunal which was final at the relevant time, the petitioner was declared as the elected Chairman of Osmangonj Union Parishad by th......he learned District Judge observed in his judgment that the Election Tribunal did not assign any reason for declaring 94 ballots as invalid in ward No.2. He also found that the bags containing ballot papers were tampered with and that false markings were done with indistinct and different inks in th......ule is discharged. Cases Referred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ahmed, Advocates - For the petitioner. Abdul Quayum with Yousuf Hossain Humayun, Sobo......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ....... Abdul Jalil Chowdhury reported in BCR 1988 HCD 61, to which Mr. M. A. Sobhan has made a reference. The cause of action in both the suits out of which the two cases arose was rejection of nomination papers of the plaintiffs. In the case reported in the BCR the suit was brought before the Union Pari......43); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bombay, 604; PLD 1949 Lahore 301; 39 DLR 451; 28 DLR......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
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