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....ny Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
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Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......ies on the basis of its declared value, In the decision cited by Mr. Ramzan Ali Sikder it has not been said explicitly that sub section (7) of section 25 of the Customs Act is contrary to the other provisions of the Customs Act and contrary to any provision of the Constitution, Rules have been fra..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ce was published at all. We have mentioned that the learned Attorney-General conceded earlier that no notice was published. On perusal of the rule 15, we are of the view that publication of notice is mandatory because non- publication will deprive persons who are likely to be affected from raising a......ion, the Government fixed the minimum wages of adult un-skilled ‘workers and juvenile workers working in all private industrial concerns in the country. Dr M Zahir has taken us through the relevant provisions of law empowering the Minimum Wages Board to recommend fixation of wages of industrial wo..Category: Labour and Industrial Law | Date: | Hits: 96
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......petition does not come within the purview of section 233 of the Companies Act, 1994 as the petitioner is not a minority shareholder. That the company regularly held its Annual General Meetings as per provisions of the Companies Act. The company in its adjourned meeting held on 22-9-95 considered the..Category: Company Law | Date: | Hits: 220
.... instead of making an application under section 33 of the Act. Under section 33, before filing any objection, furnishing of statutory security as per provisions of the Law Reforms Ordinance, 1978 was mandatory. Without the statutory security, the plaint is liable to be returned,
12. Secondly, he ......at the award is sought to be set aside in the suit instead of making an application under section 33 of the Act. Under section 33, before filing any objection, furnishing of statutory security as per provisions of the Law Reforms Ordinance, 1978 was mandatory. Without the statutory security, the pla..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......nt upon the petitioners under section 94 of the Code on the same allegation of violation of the Court's order. In order to examine the legal propriety of the impugned order, let me quote the relevant provisions from section 94 which run as follows: "In order to prevent the ends of justice from b..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......es exercise of power under section 151 of the Code of Civil Procedure is not only permissible but also imperative for preventing an injustice and the availability of an alternative remedy under other provisions of the Code does not always stand in the way of exercise of the inherent power of the cou..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......ng respondent, submitted that the respondent Company is a private limited Company and, as such, the impugned order is not amenable to the writ jurisdiction and the petitioner being a worker under the provisions of Employment of Labour (Standing Orders) Act, 1965 the Writ petitioner ought to have app..Category: Labour and Industrial Law | Date: | Hits: 71
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......-numbered as Civil Revision No.7290 of 1991. Again 8 years passed by before the case came up for hearing before me. 9. The learned Advocate appearing for the petitioner drawing my attention to the provisions of section 96 (12) of the Act submitted that as the order of dismissal was made appealabl..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....on petition is not filed according to law i.e. aforesaid two Articles, it is liable to be dismissed under Article 58(a) of the People's Order 1972. He further submits that the Articles 50 & 51 is the mandatory provision for election petition and if above Article is violated, the Election Tribunal sh......Patna) 296. 3. In reply to the above submission Mr Habubul Islam Bhuiyan, the learned Advocate for the election petitioner, submits that in the election petition, the petitioner complied with the provisions of Articles 50 & 51 of the People's Order 1972 properly and, as such, the election petiti..Category: Election Law | Date: | Hits: 85
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......51 DLR (AD) 159 and the Appellate Division took the view that High Court Division has inherent power to pass necessary order to prevent abuse of the process of the court and for ends of justice under provisions of section 561A of the Code of Criminal Procedure. This is quite natural that when the al..Category: Criminal Law | Date: | Hits: 39
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......rforming judicial functions independently by the Arbitrator and the Tribunal having been violated by the amendments made in sections 31 and 34 of the Ordinance, and thereupon being ultra vires of the provisions relating to independence of Tribunal, the amendments are liable to be struck down would h..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......Farooqui, the learned Counsel appearing for the petitioner, has first1y submitted that the impugned notices have been manifestly issued without lawful authority inasmuch as the combined effect of the provisions of sections 94, 155 and 156 of the Code of Criminal Procedure is that the police cannot d..Category: Anti-Corruption Laws | Date: | Hits: 232
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......f the Ain and that there is chance of different kinds of mode of trial of the case in view of sections 5 and 6 of the Ain in violation of Articles 27 and 31 of the Constitution and that the aforesaid provisions of the Ain conferred unbridled and arbitrary power to the Government to transfer any case..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......hat the defendant-bank never raised the plea of discrepancy on the ground of delay in sending the concerned documents to them long after the expiry date of the LC on 6th April, 1986. According to the provisions of the Article 16(d) and Article 16(e) of the revised ICC No. 400 and the case-law discus..Category: Business or Commercial Law | Date: | Hits: 202
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... It thus gives wide powers to the Court to examine any witness as a Court witness at any stage of the case but this discretion has to be exercised with caution and circumspection, consistent with the provisions of the Code and the principles of criminal justice. It is only for the purpose of just de..Category: Criminal Law | Date: | Hits: 37
....filed an application before respondent No. I along with the treasury chalan for renewal which was duty received by him. Before taking the impugned action respondent Nos. 1‑2 did not comply with the mandatory provision of proviso (Ka) to sub‑section 3 of section 4 and section 8(2) of the Banglade......factory. It is Ferdous‑Ara Khanam who, for her own interest has been continuously pursuing her neighbours against the petitioner's factory. Since the impugned order was not passed Linder any of the provisions of Bangladesh Paribesh Sangrakhan Ain, 1995 the question of preferring appeal under secti..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......s authority was obliged to levy customs duties on the auction price and not on the basis of the Tariff Value. Dr. Zahir also submits that the respondents by making assessment of the ship violated the provisions of section 27 of the Customs Act inasmuch as they have not taken into consideration the e..Category: Fiscal/Taxation Law | Date: | Hits: 77
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......intainability of the suit, the learned Advocate for the plaintiff-opposite party refers to the provision of section 9 of the Code of Civil Procedure which runs: “The courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....le. 6. At the hearing Mr Khurshed Alam Khan, the learned Advocate for the petitioner, submits that there has been no mention in the judgment of both the courts below about proper observance of the mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC statement of the accused ......At the hearing Mr Khurshed Alam Khan, the learned Advocate for the petitioner, submits that there has been no mention in the judgment of both the courts below about proper observance of the mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC statement of the accused is found l..Category: Family Law | Date: | Hits: 175
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