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....rt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Salma Masud Chowdhury J
Botany Bay Shipping (Australia) Ltd and anothers.........Petitioners
Vs.
Lever Brothers Bangladesh Ltd and anothers……............Opposite parties
Judgment
March 3, 2009.
Case......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......et aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The present opposite parties as plaintiff filed a Money suit against the present petitioners for a decree of Taka 1,53,725.69.
3. The case of the plaintiff in short is that they imported 999......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....he constituting circular of the বগুড়া পল্লী উন্নয়ন একাডেমি dated 19-6-1973, issued by the Rural Development and Co-operative Department, of government of Bangladesh, the বগুড়া পল্লী উন্নয়ন একাডেমি was put und...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......ment and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
.... Karim J
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......wyers Involved:
T.H. Khan, Senior Advocate (with Omar Sadat, Advocate) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Not represented- the Respondent.
Civil Petition for Leave to Appeal No. 1095 of 2007.
Judgment
Md. Tafazzul Islam J. - This petition for leave...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....pur, Dhaka and 3 others i.e. Md. Akhtaruzzaman, Director, Eastern Housing Limited as principal defendants and Chairman, Rajdhani Unnayan Kartripakkha, RAJUK Bhaban, Dhaka and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as proforma-defendants. The suit is valued......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......taks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit N......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....s. State, 15 BLD 205; Asadur Rahman alias Asad Vs. State, 15 BLD 290; Safdar Ali Vs. Crown, 5 DLR (FC) 109; Marbans Singh Vs. State of Punjab, AIR 1957 (SC) 637; Ram Singh Vs. Sonia, (2007) 3 SCC and Bangladesh Vs. Yakub Sardar, 40 DLR (AD) 246. Lawyers Involved: Farhad Ahmed, Deputy Attorney-......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......iminal Appeal No. 5492 of 2008. Judgment Enayetur Rahim J. - This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Manikganj for confirmation of the death sentence of condemned prisoners namely 1. Md. Lebu Miah, son of Late M......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......e of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule lan......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....on without following the provisions law and that's too when the decree holder itself prayed in Court that it had already compromised the matter with the judgment-debtor subject to the approval of the Bangladesh Bank. 12. We, therefore, find merit in these appeals. Since the appellant Lt. Col. M.A......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......aser Lt. Col. M.A. Mannan (Retd) and other at the instance of the decree holder Social Investment Bank Limited arise out the same judgment in Writ Petition Nos. 4783 of 2003 and 4803 of 2003 and therefore these appeals are disposed of by this judgment analogously. 2. The respondent No.1 Social In......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....d another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah Vs. State, 17 DU (SC) 26; Zakir Hossain Vs. State, 28 DLR 452; Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another, 44 DLR (AD) 215; Waris Mea Vs.......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......iminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Jud......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
..... ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......of Musapur Union Parishad, Sandwip, Chittagong. 2. The facts, in short, as stated in the petition, are, that the petitioner along with respondent Nos. 6 and 7 filed nomination papers as candidates for the election to the office of Chairman of Musapur Union Parishad. The said Union Parishad has be......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....s also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ammad Ali, Senior Advocate, instructed by Zahirul Islam, Advocate on-Record- For the Respondent No. 1 (In both cases) Not represented-For the Respondent Nos. 2-3 (In both cases) Civil Petition for Leave to Appeal Nos. 2382-83 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These t......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
.... company incorporated under the Companies Act, 1913 which was subsequently nationalized under the Industrial Enterprise (Nationalization) Order 1972 (President's Order No.27 of 1972) and placed under Bangladesh Jute Mills Corporation, Dhaka for supervision, control and co-ordination; that the defend......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money Suit No. 14 of 1986 in the Court of Subordinate Judge, Narayangonj impleading the petitioner as defendant for realization of a sum of Tk.1,56,569.38 on the averments that the plaintiff is a limited company ......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......rty. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 1......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....Respondents
Judgment
August 27, 1991.
Cases Referred to-
Butterley Co. Ltd. Vs. New Hucknal Colliery Co. Ltd.,(1910) AC 381; Taleakhal Progressive Fisherman's Cooperative Society Ltd. Vs. Bangladesh & others, 1981 103; Radha Krishna Agarwal Vs. State of 1977 (SC) 1496; Bachhanidhi Ra......d others ……..Respondents
Judgment
August 27, 1991.
Cases Referred to-
Butterley Co. Ltd. Vs. New Hucknal Colliery Co. Ltd.,(1910) AC 381; Taleakhal Progressive Fisherman's Cooperative Society Ltd. Vs. Bangladesh & others, 1981 103; Radha Krishna Agarwal Vs. State of 1977 (SC) 149......ondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documen......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....e plaintiff filed an application under Order 38, rule 5 of the Code of Civil Procedure for attachment of Tk. 11,64,254.00 from the bills of the defendant Co. under process with the Government namely, Bangladesh Agricultural Development Corporation, accrued and due to the defendant Co. for the carria......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131....... in his pleading in suit. 2. Facts leading to this, in short, is that, MM Aziz as plaintiff filed a suit being Money Suit No.32 of 1990 in the court of the Subordinate Judge, 2nd Court, Chittagonj for realisation of Tk.11,44,254.00 against defendant‑petitioner namely M/s. A Elahee & Co repr......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....ntiff which the plaintiff did and the same when reached Chittagong Port the defendant denied to take delivery of the cargo on the plea of bar imposed by the plant protection wing of the Government of Bangladesh. Therefore, the plaintiff brought the suit before this Admiralty jurisdiction wherein the......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......For the Plaintiff. Imtiaz Mahmood, Advocate—For the Defendant No.1. Admiralty Suit No.7 of 2003. Judgment AFM Abdur Rahman J.- By this application dated 22-11-2003 the defendant prays for return of the plaint for want of jurisdiction. 2. The plaintiff filed written objection on 9-......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....d down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......rt facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. T......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
.... Khan, Advocate-For the Respondent No. 2. Writ Petition No. 911 of 2011. Judgment SM Emdadul Hoque J. - This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Lab......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....acts and circumstances of the case allowed the case by its judgment and order 13-3-2008. 7. Against the said judgment and order the respondent Nos.3 to 6 filed an appeal under section 33(6) of the Bangladesh Labour Act, 2006 before the respondent No.1. The appeal was registered as Appeal Case No....... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......wal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622/2010, 7623/2010, 7624/2010, 7625/2010, 7626/2010 and 7627/2010 are taken up for hearing and disposal by this single judgment. 2. Rule Nisi was issued calling upon the respon...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....sion (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawy...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......পত্র/০৯/২৫৩১৮ তারিখ ২১-০৬-২০০৯ issued by the Ministry of Health, Government of the People's Republic of Bangladesh, in appointing the Health Assistant for the Mativanga union of Nazirpur Upazilla, excluding the petitioner, being daughters of the Freed...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..Category: Employment/Service Law | Date: | Hits: 91
....sent:
Md. Emdadul Huq J
Md. Abu Zafor Siddique J
Mr. Md. Enayetur Rahman and others………………………………………petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-&nbs......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......p;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
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