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....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......out or strike has been so prohibited, the Govt. shall have to refer the dispute to the Labour Court for its adjudication immediately under section 31 or 33 of the Ordinance, as the case may be. The jurisdiction of the Labour Court could also be invoked under section 34 of the Ordinance as it stood..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....and that the learned Single Judge in reversing it, has misread the evidence. It is to be noted that the learned Single Judge of the High Court, has clearly pointed out, that the Court of appeal below totally misconceived the onus in this particular case. The plaintiffs have come with a prayer for se......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......reference to the evidence of D.W.2 that the suit was barred by limitation. 6. Leave was granted to consider the three questions as follows:— (1) the High Court in second appeal exceeded its jurisdiction, by dealing with the evidence in setting aside the finding of the first appellate Court..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....wo lacs to the appellant on 5-5-75 apparently by way of an over-draft without however passing any order of sanction and without taking any security whatsoever and that this disbursement being made in total disregard of Government orders, instructions and Bank's Rules & Regulations, prejudicially......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
...., no such distinction, for obvious reason, exists in the English judicial review jurisprudence. 75. That, said, however, it should not skip from out mind that our constitutional provisions are not totally divorced from those of the English Common Law. As a matter of fact, the nomenclatures Mandam......as in the case of R Vs. Code of Practice Committee of the British Pharmaceutical Industry ex-parte Professional Counselling Aids Ltd. (1990, 3 Admin L R 697), the High Court held that notwithstanding absence of statutory foundation, decision of these bodies were reviewable as they had public law ele......the Federation to which he had dedicated his entire youth. He is, therefore entitled to challenge the decision of the executive committee of the respondent no.1 by filling this petition invoking writ jurisdiction. The petitioner has a legitimate expectation that the demised premises of the Shooting ..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......onsequence. He alternatively argues that since the possession of the said property was never taken by the Government after the said sale, inclusion of the same in the 'Ka' list is also an act without jurisdiction. According to him since the High Court Division in its judgment passed in First Appeal ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... Facts out of which the above application is made in short are that the applicant is an assessee having TIN: 267-100-1599. For the assessment year 1994-95, the Deputy Commissioner of Taxes assessed total income of the applicant at Taka 60,16,358 including unexplained investment of Taka 23,41,958...... the Income Tax Ordinance 1984 are at all applicable on the facts and in the circumstances of the case. 4. Mr. MA Noor, learned senior Advocate appearing for the applicants submitted that in the absence of finding any fault in the evidence adduced by the applicant in support of cost of the hous...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....ove his possession over entire 521/2 decimals of land by any documentary or oral evidence and in this view of the matter, the findings of the Trial Court as well as Appellate Court appears based on total non consideration of the evidence on record and, as such, they committed serious error of la......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ...... error of law on the part of the Courts below. Without reversing the findings of the Courts below on the grounds mentioned in section 115 of the Code of Civil Procedure the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third Court f..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... 2004, the Anti-Corruption Commission become the sanctioning authority and the commission lawfully accorded sanction. Mr. Khan further submits that on point of fact he will not submit because the total case constitutes of a bundle of fact which cannot be decided in the forum of 561A of the Code ......ruption Commission Rules, 2007 provides that before filing of Charge Sheet the Anti Corruption Commission must accord sanction on being satisfied with materials on record on proper scrutiny and in absence of the same submission of charge sheet will be illegal and taking of cognizance thereupon wi......he impugned proceeding clearly amounts to an abuse of the process of the Court and it is liable to be quashed. He further submits that in long series of decisions of our country as well as the Indian jurisdiction it has been consistently held that if the FIR and charge sheet did not disclose any off..Category: Criminal Law | Date: | Hits: 156
....Attorney General submitted that the report compiled by Dr. Muntasir Mamun’s Committee is a superb one and the problem will be resolved if the authorities are directed to implement the report in its totality.
25. Mr. Manzill Murshed, on behalf of the petitioner, supported the report, and added t......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......ent a letter to the Mazar Committee to stop ongoing construction work. Yet no action has been taken by them. It is certainly the duty of the local police to stop any illegal construction within their jurisdiction, though surprisingly enough they have preferred to keep mum and shelve off the duties t..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... in its long title as to which provision of the Constitution it would amend. Such Bill is thereafter sent to the President for assent if it is passed by the votes of not less than two‑thirds of the total number of members of the Parliament Further clause (IA) to Article 142 requires that if any su......process of the 'rule of majority' becomes meaningless. Thus, to practice democracy and to give it an institutional shape, it is imperative that periodic, free and fair elections are conducted. In the absence of free, fair and periodic election democracy becomes meaningless. 78. In the case of Guj......ion, that he was the Secretary General of the Association for Democratic and Constitutional Advancement of Bangladesh (ADCAB) and in that capacity also he brought this action under the constitutional jurisdiction of this court, inasmuch as the said Association had been working for the people's aware..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....d heroin, box No.2 contained 800 gram of brown coloured heroin, box No.3 contained two packets of white coloured heroin weighing 500 gram heroin each and Box No.4 contained 800 gram of heroin, in all totaling 3 Kg 100 gram of heroin. The bag has been marked as material Ext. No.1 and some heroin was ......ich the heroin was hidden in the wooden frames inside the bundles and, as such, the conviction for the alleged possession of the heroin cannot be sustained in law. Mr. Huq further submits that in the absence of any evidence as to the content of the heroin exceeds 25 grams allegedly recovered from th...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......g for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in its writ jurisdiction challenging the jurisdiction and the order of Special Tribunal. The learned Judges of t..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......s called for. 31. Faqeer Shahabuddin Ahmed, learned Advocate for the respondent has strongly defended the High Court Division's decision citing a number of decisions including one from the English jurisdiction. In National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92, a Special Bench of the..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....dence of mala fide action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged that the direction contained in the impugned notification, dated 24.08.2005, was totally bereft of jurisdiction in that, (1) no officer (the respondent no 5 in the instant case) can......consent that any person shall retain any property, or induced any person to do or omit to do something he would not have done if not deceived. So, Section 418 is also out of context. Because of absence of any allegation of causing disappearance of evidence, section 201 has no application. 3...... action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged that the direction contained in the impugned notification, dated 24.08.2005, was totally bereft of jurisdiction in that, (1) no officer (the respondent no 5 in the instant case) can dictate the inves..Category: Criminal Law | Date: | Hits: 133
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