Judgment search - Chancery Law Chronicles

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Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereo......r 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereof and wi...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

.... the appellant. In the audit report, the cashier, the Drawing & Disbursing Officer and other higher officers of the Department were blamed for utilizing the public money in contravention of the financial rules. After the receipt of this report, prosecution was launched against the appellant ......nt facts revealed in this case were as follows:— The appellant Sirajul Islam was appointed Superintendent-cum-Drawing and Disbursing Officer of the Establishment Branch of the Department of Manpower and Employment Exchange (Labour Division), Ministry of Health and Social Welfare, Government......The State........................Respondent Judgment February 2, 1971. The Penal Code, 1860 (XLV of 1860), section 409 Criminal Breach of Trust There was a practice in the department to give advances to officers, although it was not warranted by the Financial rules. In view of this ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..

Category: Anti-Corruption Laws | Date: | Hits: 142

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....riving of the defendant No. 2 without any contributory negligence on the part of the girl. The plaintiffs were also held to be entitled to recover damages "even if they did not suffer any other loss, financial or physical, both under the Fatal Accident Act and under the general law of torts." 8......., by his conduct, given up the case against the insurer and, therefore, he could not be permitted now to re-assort that claim. As long as that decree stood, the executing court, it was said, bad no power to go behind the decree. 16. On appeal a Division Bench of the High Court of East Pakistan......In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insur...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......r Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of ......eptember 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Tribunal pending hearing of the appeal is ancilla...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....le mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a contractor and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement upto a sum of Rs. 25000/-. The plaintiff bank agreed ......he said Act where a tenure or holding is sold in execution for a decree for arrears due in respect thereof, the purchaser shall take subject to the interests defined as protected interests but with power to annul the interests defined as encumbrances. Section 167 prescribes the procedure to be a......he Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the mortgagee to put the property to sale for the realization of d......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

....nd the bank acting upon their instructions and on their behalf have collected unilaterally and in the opinion of Sellers illegally the' amount of a performance bond whereby they have caused grave financial damage to this Sellers in Germany. The Sellers are not prepared to add further costs t......tration Rules CC (with Note to the parties)." 19. It thus appears that the appellant made request for Arbitration on 28.10.1987 and the respondent Nos. 1 and 2 filed power and on 15.4.88 answered to the above request together with a request for conciliation. Then o......hul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 2...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......ary or otherwise, to decide the issue. 11. In the case of Ghaznavi vs. Allahabad Bank Ltd. AIR 1917 Calcutta 44, a full Bench of the Calcutta High Court observed that the power to remand to the Courts below is not limited to cases covered by Order XLI rule 23 of the Cou......p; April 8, 2002. The Code of Civil Procedure, 1908 (V of 1908), Section 107 & Order XLI rule 27 In order to decide material issue concerned in the suit that the order of remand was warranted in the facts ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......er of the Divorce Suit No. 1 of 1998. 7. The unfortunate part of the matter is that the learned Judges of the High Court Division being totally unmindful of their legal limit while exercising the power of confirmation of the decree of dissolution of marriage passed by the District Court upon bei......High Court Division is expunged. The Constitution of Bangladesh, 1972, Article 41 i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the subject matter before it. (7) ......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ..

Category: Family Law | Date: | Hits: 192

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......ay if it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all ......ct, 1974 (XII of 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Si......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......itiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is not authorised by law to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that power under sections 94 and 160 Cr.P.C. could only be exercised by the Police Officer for the purpo......Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal&h...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..

Category: Criminal Law | Date: | Hits: 58

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......rt Division and for speedy disposal of the matter when the writ petitioner entered appearance through her Counsel before this Division we are not inclined to grant leave but exercising our inherent power we intend to interfere with the aforesaid first portion of the order passed by the High Cour......nbsp; The Code of Criminal Procedure, 1898 (V of 1898), Section 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfact...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..

Category: Criminal Law | Date: | Hits: 65

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......visions of Regulation No. 858 of the PRB and section 3 of the Ordinance. 8. The provision of Regulation No. 858 (a) (1) is as follows: 858.(a) The following are the powers of officers in regard to punishments: (1) The Inspector-General may suspend......dgment June 8, 2000. The Police Regulations of Bangladesh, 1940, Regulation 858 Under regulation no 858 (a)(1) Inspector General of Police may remove or dismiss a police officer and under regulation 858 (a)(2) a sub...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ......here is no material on the record to show that Chief Engineer acted in violation of provision of law or in other words was not competent to vest the officer named in Annexure ‘W’ with Magisterial power to do the work of eviction of unauthorised occupant of the land of Public Works Department or ...... in: 54 DLR (AD) (2002) 111. ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....ased by the superior landlord and that Borodh Kanta Roy took lease of that property by a kabuliat dated 26th January, 1943 (Exhibit A (I). It is also the case of the plaintiff that Balaram’s financial condition was sound and that he did not leave any debt at the time of his death, but by m......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......(Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The l......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..

Category: Property Law | Date: | Hits: 47

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......; Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Governm...... Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power&helli......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised by the High Court Division is discretionary and is to be exercised to prevent error ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Santosh Kumar Das .............. Appellant Vs. Hajee Badiur Rahman.........................setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....s...........................Respondents Judgment December 4, 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagon......gh Court Division made the Rule absolute upon observing: “On consideration of the facts and circumstances of the case we find that the Chittagong Port Authority has in exercise of its statutory power floated tender for the purchase of machinery e.g. Gantry Cranes for capital investment and, as......sh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making author......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..

Category: Others | Date: | Hits: 130

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......e also find that there existed a contractual obligation between the Janata Bank, Bangladesh to reimburse the negotiating Bank, namely the Bank of Tokyo, for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount has been negotiated by the Bank o......ly come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cas......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..

Category: Civil Law | Date: | Hits: 115

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......by-election held on 15-11-1999 he contested the same with symbol ‘Piri’ and the Awami League candidate with symbol ‘Boat’. It is the case of the petitioner that the party in power took this election as a prestige issue and has caused pressure upon the public servants to in......ticle 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committe....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....y, is allowed to own, control, manage and operate, the business of banking in violation of the terms and conditions and laws of incorporation there will be a serious undermining of the commercial, financial and, more importantly, legal framework in the country with the effect that legitimate and......gh Court Division committed wrong in this respect. He also submits that BRAC not being prohibited or precluded by any law from undertaking activities which can generate profit was also expressly empowered by its memorandum to invest its money and there is no basis for contending that clause 3(xv...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved t......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..

Category: Constitutional Law | Date: | Hits: 199

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