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.... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......der) Act, 1965 was filed and, as such, the case before the Labour Court was not at all maintainable. It was also contended by the Respondent No.1 that a proceeding was drawn up against the petitioner according to the rules and that an enquiry was held against him according to the procedure laid down......ondent No.2, Kerew and Company (Bangladesh) Limited. On 15‑5‑88 a proceeding was drawn up against the petitioner for misconduct charging him with the allegation that he had taken delivery of four tool boxes under Gate Pan No.4480 from Darshana Krishi Yard on 8‑5‑88 for using these at Hizolga......Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has been called in question as being illegal and without lawfull authority.
2. The petitioner of this writ petition Sultan Ahmed alias Md. Sultan Ahmed wa..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......rnment to approve the order of detention passed by the District Magistrate or Additional District Magistrate if the said order is for a period of more than 30 days but under no stretch of imagination according to Mr. Moudud Ahmed, it can be assumed that sub‑section (3) empowers the Government to e......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. State………………………………….Opposite Party Judgment February 6, 1996. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina......ral Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner and why the detenu should not be set at liberty and or pas..Category: Criminal Law | Date: | Hits: 127
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......endant No.1 as the attorney of Feroza Begum, the proprietor of Messers Padma Bitan, opened a current account with the plaintiff-Bank on 04.08.1996 being account No.0133031887 and applied for loan and accordingly, it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.1......ommerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed by Syed Mah......ncerned Court to return the money deposited by him (defendant No.2 of the suit).
The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......K M Hasan J Dulal Howlader & others....................Appellants Vs. State.................Respondent Judgment June 1, 1995. Result: The appeal is allowed. Cases Referred to- Wahidunnabi Vs. Abdus Sattar, 36 DLR 200, Khalilur Rahman Vs. State, 41 DLR 385; Moazammel Hu......l are set aside. Let the appellants be set at liberty at once, if not wanted in connection with any other case. However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......unnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is discharged. Cases Referred to- Chattu Kutti Vs. Kundan, 1931 (61) (MLJ 852); Todd Vs. Superior Court, (1919) 7 ALR 938; West......r which both the power of attorney and solenama are liable to be cancelled by the Court. 12. We are not impressed with the agreement that the power of attorney is illegal and cannot be enforced in law as the sale agreement itself is illegal for not being approved by the House Building Finance Cor..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....ment of the kind, that counsel's absence, when the case was called because he was elsewhere in his professional activities, was not a sufficient ground, will not be conducive to the administration of justice, for which the Courts exists. "The abÂsence of the Advocate on account of his being busy el......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......t Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal is dismissed. Cases Referred to- Mirza Umar Boksh Vs. Hussan Aara and others, PLD 1960 (W.P.) Peshawar 85; Asghar Hussain Vs. ...... for setting aside the ex parte decree. The misceÂllaneous case was opposed by respondent No.1. The ground on which the application under Order 9, rule 13 was made was stated to be engagement of the lawyer of the petitioner defendant in a case before the Labour Court. The learned Subordinate Judge ..Category: Procedural Law | Date: | Hits: 143
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....at the alleged contract was a void contract in the eye of law. In view of the above both the Courts below have committed an error of law resulting in an error in the decision occasioning a failure of justice in granting a relief against law and the Judgment and decree impugned in this Rule is liable......rinciple for entering a contract who is competent to make a contract in section reads thus: "11. Who are competent to contract.- Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from ......ioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. Cases Referred to- Iman Bandi Vs. Mutsuddi, 45 IA 73; Md. Izaj Vs. Md. Iftikhar, AIR 1932 (PC) 76; 1 PLR Dhaka 6......ained the instant Rule. 7. Mr. Mahbubey Alam, the learned Advocate for the Petitioner took me to the contract in question and submitted that Rahima Begum being the mother of minor defendant had no lawful right to enter into a contract for sale of the suit land. He submitted that mother being a de..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......ten lawfully handed over the motor cycle to Abu Zafor Siddiky @ Akhter and that the learned Magistrate also passed an order dated 09.04.1995 for giving the motorcycle to the actual original owner and accordingly the seized motor cycle was delivered to the accused Abu Zafer Siddiky on 18.04.1995. It ......sult: The appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him ......n will have firstly to establish that the accused was entrusted with some property, that there was dishonest conversion or misappropriation or dishonest use or disposal in violation of a direction or law. The burden on the accused in lighter one only to probabilities his explanation and he has not t..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....any reason whatsoever for cancellation of the MPO. Before cancellation of the MPO, the respondent did not serve any notice upon .the petitioner for showing cause. Therefore, the principles of natural justice were violated in the instant case. The respondents did not withdraw the cancellation order i...... the authority of the college to submit necessary papers for granting MPO for the teacher and staffs, but the college authority failed to submit the necessary papers in time. She further submits that according to Janobal Kathamo Nitimala, 1995 (hereinafter referred to as the Nitimala 1995) the colle......€¦.Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 2007. Result: The Rule is made absolute. Case Referred to- Tafijul Huq Sarker Vs. Bangladesh and others, 3 BLC (AD) (1988) 135. Lawyers Involved: ......004 issued under the signature of respondent No.2 cancelling the Monthly Payment Order (shortly, MPO) of the college of the petitioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....f conviction and sentence passed by the learned Magistrate, yet this Court has jurisdiction to see and analyse the evidence whether the decision taken by the appellate Court caused any miscarriage of justice. 18. We are now called upon to scrutinize the material evidence on record to arrive at a ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......……………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 ......against accused Abdul Quddus under section 279/338(A)/304(B) and against accused Md. Rafiqul Islam under section 338(A)/304(B) of the Penal Code who pleaded not guilty arid claimed to be tried as per law. 5. Prosecution has examined as many as 9(nine) witnesses while the defence examined none. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174........ The learned judges of the High Court Division also correctly refused to interfere with this interlocutory matter as there is no illegality in passing those orders". 6. The High Court Division accordingly made the Rule absolute in part declaring that the order so far as it relates to the stri......ms………………Petitioner Vs. IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: ...... High Court Division accordingly made the Rule absolute in part declaring that the order so far as it relates to the striking out of the name of defendant No.5 from the plaint has been passed without lawful authority and is of no legal effect. 7. We are of the view that the High Court Division..Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....itioner and it was undesirable to keep him under suspension for an indefinite period; that the respondents having notwithdrawn the order of suspension the petitioner on 4.3.89 issued notice demanding justice to withdraw the order of suspension and thereafter the petitioner filed Writ Petition No.285......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......……Respondents Judgment May 25, 1992. Result: The Rule in Writ Petition No.1233 of 1989 is made absolute. The Rule in Writ Petitioner No.285 of 1989 is discharged. Cases Referred to- Protap Singh Vs. State of Punjab, AIR 1964 (SC) 72, Vice‑Chairman, EP Management Board Vs. ......isconduct; that the petitioner denied the allegation of failure to take steps for realisation of the dues of Dhaka WASA and also denied that he smuggled out confidential documents of Dhaka WASA for unlawful purpose and to cause loss to Dhaka WASA but produced the same in court and before the enquiry..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......Annexure-G as no tender was called for leasing the said Canal Toll Station. 18. Mr. Abdul Wadud Bhuiyan also questioned the special status of respondent No.7 the Bangladesh Muktijuddha Sangsad as, according to him, our Constitution does not give it any special status or privileges. 19. Mr. Bhu......uzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Bangladesh Vs. Safiuddin 50 DLR (AD) 27; Erusi......e—For Respondent Nos. 2-6. Writ Petition No. 2241 of 1999 with Writ Petition No. 2736 of 1999. Judgment KM Hasan J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to ..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....is has brought this petitioner and others, in a very uncertain position without any fault of their own. In this view of the matter the petitioner is really justified to file this writ application for justice inasmuch as though the Government directed to absorb them in the ECS (Customs & Excise) ......mplemented, then there is strong likelihood of the 9 appointees of the 11th recruitment becoming surplus as a result of the government’s drive to reduce public expenditure. The Ministry of Commerce accordingly vide their above Memo recommended the absorptions of 9 officers including the petitioner......hment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 D......Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the writ petitions ar..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......ia Khatun, Advocate-on-Record-For Respondent No. 1. Rafique-ul Huq, Senior Advocate instructÂed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the H......d by the High Court Division in Writ Petition No.9537 of 2008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated on 04.01.2007 under the laws of Bangladesh for conÂducting the business of cargo agents, forÂwarding agents, clearing agen..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......tioner
Vs.
Income Tax Appellate Tribunal, Chittagong Branch, Chittagong………………Respondent
Judgment
January 14, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
21 DLR (WP) 36; Colonial Sugar Refining Company Vs. Irving, (1905) AC.
Lawyers Involved:
......fusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and ..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......……Respondents Judgment December 2, 1996. Result: All the Rules are discharged. Lawyers Involved: Md. Rafiqul Islam, Advocate ‑ For the Petitioner. AM Aminuddin, Assistant Attorney‑General ‑ For Respondent No.1. Writ Petition No.735 of 1992 with Writ Petition No.2435......to the petitioner and subsequent Memo dated 21‑5‑1991 (Annexure‑H) and Memo dated 28‑7‑1991 (Annexure‑J) passed by the respondent No.5 should not be declared to have been made without any lawful authority and of no legal effect. Rule in Writ Petition No.2435 of 1992 was issued at the ins..Category: Others | Date: | Hits: 146
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....at hurry wanted to conclude the arbitration proceedings, the petitioners were compelled to withdraw from the arbitration proceedings on 24‑10‑94 in the apprehension that they would not get proper justice from him. The petitioner filed another application dated 25-10-94 before the learned Subordi......0,000.00 was issued in favour of opposite party No.1. Subsequently a dispute about enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appointed the sole arbitrator. The proceedings, howev......during 1989‑91. A work order for Taka 1,75,00,000.00 was issued in favour of opposite party No.1. Subsequently a dispute about enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appoint......reme Court, High Court Division, tendered his resignation before confirmation and since then he has been practicing as an Advocate of the Supreme Court and the Subordinate Judge committed an error of law in appointing Mr. Maksudur Rahman citing him as a retired Judge of the Supreme Court. On 15-9-94..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......¦â€¦Appellant Vs. Abul Howlader…………………………Respondents Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ F......y and they used to quarrel off and on and Abul used to beat his wife Khodeja occasionally. After the birth of the child at Khodeja's father's house accused Abul went to the house of his father‑in‑law and wanted to take back his child and his wife. The informant and his wife refused the prayer of..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ers from inherent legal infirmity. By passing the impugned order, the learned Arbitration and Subordinate Judge has committed error of law resulting in an error in the decision occasioning failure of justice and the order is liable to be set aside. 30. In the result, the rule is made absolute. T......e Judge, 3rd Court, Dhaka, rejected the application whereupon the Bangladesh Air Services moved the learned District Judge, Dhaka, for transfer of the Arbitration Misc. Case No.368 of 1994 and it was accordingly transferred to the Court of Subordinate Judge and Arbitration Court, Dhaka, and renumber......Plc..................Petitioner Vs. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insu......te Judge and a Division Bench of this Court made absolute setting aside the interim order passed by the learned Subordinate Judge on the ground the there being no arbitration proceeding in the eye of law, the interim order of injunction issued by the learned Subordinate Judge suffered from infirmity..Category: Alternative Dispute Resolution | Date: | Hits: 304
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