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Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
.... 20 IRO cases bearing Nos. 127 to 146 of 1990 were filed by other Office Assistants and or equivalants who are respondent Nos.3 to 22 in the writ petition, exactly with similar prayer on the same and identical facts as of respondent No.2. 3. That the petitioner contested all the cases by filing w......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......ses bearing Nos. 127 to 146 of 1990 were filed by other Office Assistants and or equivalants who are respondent Nos.3 to 22 in the writ petition, exactly with similar prayer on the same and identical facts as of respondent No.2. 3. That the petitioner contested all the cases by filing written sta..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......mined and approved by the Collector of Customs and such excise duties were not at all realised from the buyers. When collection of rate and duty were not made and recovered by the petitioner-company, question of payment to the respondent does not arise. The petitioner is to collect the rate and duty......(Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as man..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh ..Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......Officer-in-Charge, Gopalganj and others reported in 41 DLR (AD) 30 re paragraphs 28, 29, 38, 74 and 76 wherein it has been held:
28. From the respective submissions of the parties in this case the question before us is whether the guarantee of the Constitution, in Article 27, that “all citizens......ciples so provided therein."
But this case is not applicable in the present cases as because that was a case regarding retirement of Government employee and there was no guideline or Rules and the facts are also distinguishable. In this regard Mr. Additional Attorney-General submits that Article ..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......lations, 1960. He submits that the first supersession by Abu Saleh Mohammad Nasim is a temporary one as the petitioner was not served with the notice of supersession. Secondly, the petitioner being unquestionably senior to respondent Nos. 3 and 4 there was no reason not to follow the Principle of Se......he army, navy or air force and the expression “disciplinary law” means law regulating the discipline of any disciplined force. 7. Dr. Hossain contends that Article 45 has no application to the facts of the instant case in that the orders impugned have not been passed for maintenance of discip..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......fused to interfere with the decision of the learned Sessions Judge. The appellant then moved this Court for leave and leave was granted to consider whether the learned Sessions Judge was competent to question propriety of the Government decision to withdraw the case against the appellant and whether...... of a case. Even in the case reported in 31 DLR it has been held that it is open to the Court to see that it was not malafide or made for collateral purpose, when there is specific allegation stating facts in support of the allegation. In the instant case the only reason assigned by the Government f..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......aken cognizance on this petition. It should be noticed that the previous attempts by Shahib Ali was nullified by the Sessions Judge but this time cognizance was taken by the Senior Special Judge. The question is whether such cognizance could be taken under the law. Section 4 is as under: “Juris......t by notification in the official Gazette and may take cognizance of any offence committed or deemed to have been committed within such limits and triable under this act upon receiving a complaint of facts which constitute such offence or upon a report in writing of such facts made by any Police Off..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ed. 4. On transfer the suit was heard by Mr. A. R. Chowdhury, Additional District Judge, Chittagong. Four witnesses including plaintiff respondent No.1 were examined by the propounder. The Will in question, dated 4th Augrahyan, 1328 B.S. corresponding to 19.11.1921 was produced, proved and marked......ny suit and after his death one of his sons filed Civil Suit No.1 of 1972 on September 3, 1969, nearly 23 years after the withdrawal of the first suit by his father, Annada Charan Das Karmakar. These facts, according to the learned Counsel, were sufficient for holding that the executor had abandoned..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... V.P. Case No.6176 and he paid rent to the Assistant Custodian, Enemy Property and obtained receipt thereof. The defendant contended that the suit is bad for defect of parties and the complicated question of title is also involved which cannot be tried by the Court of Small Causes. The defendant......took settlement from the Enemy Property in Vested Case No.6 of 1979 dated 11.4.77; so the lease was taken subsequent to the filing of the suit and then the learned Single Judge observed: "In the facts and circumstances of the case I hold that the Small Cause Court Judge can decide this question..Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......e State, submits that it is a fact that this accused-petitioner has been suffering in the jail hajat for about 2 years although the trial of the case has not yet been concluded. 6. Considering the facts and circumstances and the submission as made by the learned Advocates of both the parties and ..Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... claim made by the petitioner bank the defendants made a counter‑claim on payment of ad-valorem Court fees on fixed and ascertained amount. It is contended that the petition filed by the petitioner questioning the maintainability of the counter‑claim is misconceived and untenable and the Artha R......e a civil Court and Code of Civil Procedure is applicable and hence the Artha Rin Adalat has the jurisdiction to entertain any claim of the defendant in the nature of counter‑claim. Considering the facts and circumstance of the case and the impugned order, we are of the view that allowing the part..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ttorney General ‑ For the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now......al ‑ For the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed ..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ner is not entitled to the revocation or cancellation of the respondent’s design under section 51A of the Patents and Designs Act 1911 as the design is original and new and in no way similar to, or identical with, the petitioner's design. As no piracy has been committed the petitioner's applicatio......fan duly registered under the Patents and Designs Act, 1911, being Design No.00661 dated 4‑1‑89. A copy of the certificate showing the picture with description of nature and type of the design in question is attached to the petition as "Annexure‑B". 3. After the registration of the design t......; Western Engineering Co. Vs. Paul Engineering Co. AIR 1968 Cal. 109. For the same reason there cannot be one yardstick to different issues. Consequently, each case will have to be decided on its own facts and circumstances, as the existence or not of substantial novelty or originality is a question..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......led by them before the learned District Judge for staying the operation of the order of status quo was filed under section 151 of the Code of Civil Procedure. In that view of the matter the pertinent question that calls for determination by this Court is as to whether the impugned order of stay was ...... order staying operation of the status quo passed by the learned trial Court on hearing both the parties. The learned Advocate then submits that the learned appellate Court below did not consider the facts that the order of stay passed by him would frustrate the very object of the suit which is for ..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......ns only for recovery of dues. Section 6 as quoted above provides that except in accordance with the provisions of section 7 the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. Section 7 of the Artha Rin Adalat 1990 provides ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......e Code it would be clear that the Small Cause Courts have the power of review under Order 47 rule 1 of the Code of Civil Procedure. The learned Advocate further submits that the review application in question was a competent one and the learned SCC Judge legally exercised the jurisdiction and rightl......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......ve asked for the constitution of the bench from the Chief Justice. I have nothing more to express but regrets. So far, however, the conclusion is concerned, the cotemner's objection on jurisdictional question must, therefore, necessarily succeed. Badrul Haider Chowdhury, J.- This is an unfortunat...... These three allegations were brought against Mr. Moazzem Hossain, Deputy Attorney-General by the Jessore Bench of the High Court Division. In the judgment of my brother Shahabuddin Ahmed, J. these facts are exhaustively dealt with and it will not be profitable to recapitulate these facts. 9. T..Category: Criminal Law | Date: | Hits: 116
....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. ......airman, 1st Labour Court and another, (1976) 28 DLR 178, that an application under section 34 of the Ordinance was maintainable.
Special Leave was granted by the Appellate Division to consider the question whether the application under section 34 of the Ordinance was maintainable in the facts and......34 of the Ordinance was maintainable.
Special Leave was granted by the Appellate Division to consider the question whether the application under section 34 of the Ordinance was maintainable in the facts and circumstances of the case.
5. In the case of Omar Sons Ltd. (28 DLR178), which was foll..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....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. ......s upon the recipient of the document, the appellant. The learned Munsif was right in discarding the evidence of D.W.7 Akmal Ahmed, whose demeanour was recorded by him, as suspicious, as he evaded the question, and would not answer directly. He was the lone witness, who is supposed to be the person w......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. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....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.......n of the principal amount plus something extra which is interest. The Regional Manager took exception because the Bank Manager had violated some rules and regulations. That may or may not be. It is a question of evidence. But what would be the charge against the petitioner? At the highest that has b......, Karikhara Branch, Sharupkati, District Barisal. 3. In view of our proposed order it will not be adviseable to comment on the factual aspects of the case. It would be sufficient to note the broad facts which are: The petitioner is a businessman and Proprietor of Sandha Bani Cinema Hall at Inderh..Category: Criminal Law | Date: | Hits: 95
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