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M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
.... by way of penalizing the petitioner for its delay in filing the written statement, but the late realisation of such cost cannot, by any stretch of imagination, be a ground for shutting the door of justice on the face of the petitioner, debarring it from filing any written statement altogether exp......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. .........................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (Bombay) 470; Muhammad Swale......judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the..Category: Procedural Law | Date: | Hits: 180
....a decree for demolition of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasioning failure of justice.
5. For appreciation of the point raised by the learned Advocate for the petitioner it w...... recovery of possession of the land in suit by evicting the defendants therefrom but set aside the order passed by him as regards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in...... heirs No.1 (a) Harendra Chandra Dey & others ………………………………Opposite Parties
Judgment
September 3, 1986.
Result:
The petitions are disposed of.
Cases Referred to-
Ananta Kumar Sarkar and another Vs. Meghu Kurmi & others, 61 CWN 347; Sana Mia and anothe......ers that the learned Munsif, has acted beyond his jurisdiction in passing a decree for demolition of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasioning failure of justice.
5. For apprec..
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....f individual case. But the expression "sufficient cause" occurring in rule 9(2) of Order 22 of the Code of Civil Procedure seems to have always been liberally construed so as to advance substantial justice unless there is gross negligence or want of bona fide on the part of the party seeking the r.......274 of 1971 filed by defendant No.2 and as those were received in the Court of the learned Munsif only on 10.12.1977. The learned Munsif accepted the explanation as constituting sufficient cause and accordingly passed the impugned order. 7. There is no hard and fast rule as to what facts would c......................Petitioner Vs. Rup Gazi & others......................................Opposite-Parties Judgment August 25, 1986. Result: The Rule is discharged. Case Referred to- Union of India Vs. Ram Charan, A.I.R. 1964 (S.C.) 215. Lawyers Involved: Md. Abdus Sobh......he abatement do not constitute a sufficient cause for setting aside an abatement under Order 22, Rule 9 (2) of the Code of Civil Procedure and as such the learned Munsif has committed an error of law in allowing the application. Mr. M. Shamsul Alam has, on the other hand, submitted that the lear..Category: Civil Law | Date: | Hits: 121
....tter dated 20.5.85 the petitioner No.2 requested the office of the Registrar to signify the non-acceptance of the return, without reply. The lawyer of the petitioners served a notice of demand of justice dated 16.02.1985 on 23.02.1985 but the respondent Registrar did not send any reply. Thereaft......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Bangladesh Chemical Industries Corporation and another...............Petitioner
Vs.
Registrar, Joint Stock Companies and another...............................Respondent
Judgment
July 8, 1986.
......ar, Joint Stock Companies to accept the return filed by Sylhet Pulp and Paper Mills Ltd., petitioner No.2 of its third annual general meeting held on 30.12.1984 should not be declared to be without lawful authority and why they should not be directed to accept the same.
2. The petitioner No.1 B..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....ক্ষের নিকট দরখাস্ত করিতে হইবে।” (Annexure–D) 4. The petitioner after receiving the impugned order served on the respondents notice demanding justice to cancel or withdraw the impugned notice and order by January 16, 1993 but the respondent d......ir Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to the substituted Regulation No.11 age of retirement of the Flight Stewardess was fixed a..........petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: The Rule is made absolute. Cases Referred to- Secretary of the Air Craft Engineers of Bangladesh and another Vs. Registrar of Trade unions ......aka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constit..Category: Employment/Service Law | Date: | Hits: 361
....ry Education, the Chairman of the Appeal and Arbitration Committee and the Divisional Commissioner, Khulna Division. But he did not receive any reply to his representation. He then served a demand of justice notice on the respondents through his Advocate and came to know that the college authority i......affidavit‑in‑opposition. The contention of the respondent No.3 appearing from the submission made by the learned Advocate for the respondent No.3 is that the order of dismissal was perfectly made according to law and in conformity with the relevant provisions of law and the Regulations, 1979.
...... - For the Respondent No.3.
Writ Petition No.196 of 1986.
Judgment
Naimuddin Ahmed J.- By this application under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khuln......of dismissal. This order is at Annexure‑G to the writ petition.
3. The petitioner challenged the impugned order of dismissal and the subsequent decision of the Board as being illegal and without lawful authority being in violation of Regulation 12 of the Regulations, 1979 and being aggrieved by..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ary, 1990, wherein it has been clearly stated that matters awaiting decision or remained indisposed immediately before the promulgation of the Regulations of 1990 as far as possible to be disposed of according to the provisions of Regulations of 1990 and, as such, said decisions of the Board taken i......1900 of 1990. Judgment Md. Ruhul Amin J.- The Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing......d of the respondent No.1, the Authority held on 31.7.90 as circulated by Memo No.1517 (Admn), dated 14.8.90 (Annexure‑H to the Petition), should not be declared to have been made and issued without lawful authority and of no legal effect and why a direction should not be given for canceling or wit..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....th permission to sue afresh along with the withdrawal of the pending appeal which was the continuation of the suit, so the order dated 4.11.91 was required to be modified by review in the interest of justice. 10. It has been submitted by the learned Advocated for the plaintiffs‑petitioners that......to the petition of the plaintiffs‑petitioners dated 4.11.91 in Para 2 of which it has been stated that to file fresh suit in the Court of the District Judge, the appeal requires to be withdrawn and according to Mr. Azizur Rahman Chowdhury the learned Advocate for the opposite parties, section 35 o......(Md)..................Petitioner Vs. Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 2...... 115(1) of the Code of Civil Procedure. 12. Mr. AJ Mohammed Ali, the learned Advocate appearing for the plaintiffs‑appellants petitioners has submitted that the learned District Judge erred in law in rejecting the application dated 9.11.91 under section 151 of the Code of Civil Procedure whic..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......d under section 241A CrPC and formed the opinion that there is ground for presuming that the petitioner has committed the offence charged with and framed the charge under section 242 CrPC. Therefore, according, to the Attorney‑General provision of section 241A CrPC having had been complied with th......hman J Moudud Ahmed........................Petitioner Vs. State ..........................Opposite‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Ca......, correctness or validity is beyond the reach of jurisdiction of Courts." Gojendragandkar CJ at para 25 of the report dealt with the argument advanced by the Attorney‑General that the "approval" in law amounts to decision under Article 217 (3) because it satisfies all the requirements of the said ..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....of a forged document by a party thereto. If a forged document is produced in a proceeding by a party the court will acquire sole jurisdiction to make a complaint if it is expedient in the interest of justice not only for the use of the forged document but also for the offence of forging it, irrespec......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......Petitioners Vs. Radhakanta Sarkar and others .....................Opposite Parties. Judgment July 29, 1992. Result: The Rule is made absolute. Cases Referred to- Abdul Hai Khan & others Vs. State, BLD 1988 (AD) 195; Nur Mohammad Vs. Kalimuddin Ahme......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....Full Bench of 5 Judges in order to set at naught the prevailing anomalies and divergence of views in the interpretation of an important segment of law vital for the due administration of criminal justice. Accordingly the Division Bench made a recommendation to the learned Chief Justice to cons...... Code has been well-set by section 5 in Part I, Chapter I, which says as follows:- "5. (1) All offences under the Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall b......…………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & ......(4), as follows:- "(4) An Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the proviso to sub-section (3) of section 9 may pass any sentence authorised by law except a sentence of death." The newly-introduced section 29C has under-gone a change. By the..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.... this was an order open to revision and not appeal. 9. Mr. Meah Abdul Gafur at the last stage prayed that this Court may be pleased to convert the appeal into a revision. 10. In the interest of justice we do so and direct that the first miscellaneous appeal be converted into a civil revisional......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......the aforesaid O.C. Suit No.73 of 1976 against the appellants for specific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants preferred First Appeal No.22 of 1978, but t......o be served on the judgment-debtor together with a notice requiring the objections, if any, to be made within a stated time. The judgment-debtor-appellants clearly stated that the said provision of law has not been complied with and they prayed for a stay of the execution case. By the impugned Ord..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....efendant. But in allowing so the Court must satisfy itself that the amendment sought for is just and necessary for determining the real controversy between the parties and does not lead to an injustice to the other party. It has been consistently followed by the Supreme Courts of this sub-co......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..........................Petitioners Vs. Abdul Malek & others..............................Opposite Party Judgment January 11, 1989. Result: The Rule is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sa......t the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner assailed the order on the ground that the Subordinate Judge committed an error of law in allowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written st..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......l Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. Judgment AM Mahmudur Rahman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 ...... Moqbul Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. Judgment AM Mahmudur Rahman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII o..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abd......dment as noted above sections 395 and 397 were omitted from the schedule of Special Powers Act on 23.8.77 i.e. before the date of taking cognizance of the offences. It is now a settled principle of law that change of procedure shall not affect any pending case, but a criminal case is deemed to be ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......the returned candidate, the petitioner as void; but in consideration of the facts that the petitioner polled 54,870 votes as against 8,749 polled by opposite party No.4 and in view of the fact that according to the opposite party No.4 the election was held in a legal and peaceful manner in 15 po......D) (1989) 379. ...... illegally and without jurisdiction in not dismissing the election petition for want of cause of action after the office of the Chairman of the said Upazila has been declared vacant by operation of law. 10. Mr. Abdul Quayum, the learned Advocate appearing on behalf of opposite party No.4, on th..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ...... two accused appellants. 30. We hold that alteration of charge from section 302 to that of section 302/34 of the Penal Code in the facts and circumstances of the present case, is permissible and accordingly, we alter the conviction of accused appellants Khurshed and Sujan from the charge u/s. 3......Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pal Vs. State of Uttar Pradesh, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State......527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedlings. The accused party also gathered at the same plot of land forming an unlawful assembly with common object to forcibly take possession of the same with ploughs, bullocks-ar..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......). Judgment April 6, 1989. Result: The Rule Nisi in Writ Petition No. 425 of 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Inv......se two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule Nisi challenging two M..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......the purpose of construction of shops. In September, 1971 the then Administrator, Dhaka Municipality made provisional allotments of various plots of land to many persons for setting up their own shops according to the layout plan. Many persons made payment of premium of the first installment. Then th...... All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Peti......ition No. 470 of 1985 Writ Petition Nos. 472-484 of 1985 Writ Petition Nos. 529-533 of 1985. Judgment Mustafa Kamal J.- These 40 Rules Nisi, arising out of common questions of fact and law, were heard together and will be disposed of by this common judgment. 2. Nawab Yusuf Road, ..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......eque and others……………………………Appellants Vs. State…………………………Respondent Judgment March 7, 1988. Result: The appeal is allowed. Cases Referred to- Md. Abdur Rahman Mondal Vs. State, 29 DLR (SC) 246; PLD. 1950 Lahore (FB) 288; 5 DLR (FC) 2......out the occurrence and lodged ejahar in the evening on the next day. At the time of occurrence the husband of deceased Lechu Bibi was in Saudi Arabia and she was staying in the house of her father-in-law along with her children. 3. The occurrence alleged to have taken place at 18.30 hours on 18.4..Category: Criminal Law | Date: | Hits: 101
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