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Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....ere is therefore no scope for the argument that a law which affects or varies rights under a contract is for that reason constitutionally invalid as an unreasonable restriction on the right either to property or to carry on trade or business. 21. In the case of All India Bank Employees Associatio......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......e only point as mentioned in the petition and virtually the main ground canvassed before this Court submitted that the workers under the Board like every other worker in other statutory board had the legal right to form themselves into a labour or Trade Union for the purpose of regulating the relati..Category: Labour and Industrial Law | Date: | Hits: 204
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisÂfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ty Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) ......death. The learned Deputy Attorney General further argued that the learned Judges of the High Court Division overÂlooked the findings of the trial Court and erred thereby in holding that there is no legal evidence in support of the prosecuÂtion case that the accused respondent killed his wife and ..Category: Procedural Law | Date: | Hits: 81
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....itional Sessions Judge in allowing the application for withdrawal from the prosecution of the petitioners without assigning any reason whatsoever. We are of the view that the High Court Division upon proper consideration of the materials on record and also on proper appreciation of law arrived at a ......ported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......‑Nabuat" written by Moulvi Muhammad Ameer, Bangladesh Anjuman‑eÂ-Ahmadiyya, Dhaka, under section 99A of the Code of Criminal Procedure. The petitioner has alleged that the book was first written and published in 1948 and since then several editions have been published and circulated in this cou...... preach his own thoughts on religious beliefs and faith within the bounds of law, public order and morality and as such the order of forfeiture of the book must be held to have been made and passed illegally and without lawful authority, and should be set aside and cancelled. It has been stated, th..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
.... is satisfied from the report of a Medical Officer appointed by it that you have become or are likely, for a considerable period, to remain unfit by reason of ill health or physical debility, for the proper and efficient discharge of the duties entrusted to you by the Corporation or Company from tim......l Jalil............................................Petitioner Vs. Bangladesh Steel & EngineerÂing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ......hether it was because of their disagreement of the issue of importing 28 gauge CI sheet for the Chittagong Steel Mill. He also stated in the said letter that the order putting him on suspension was illegal and malicious. Thereafter by a letter dated 2.5.83 defendant No. 3, Secretary, BSEC communicat..Category: Employment/Service Law | Date: | Hits: 108
....ound the explanation of respondent No. 2 as unsatisfactory and unacceptable and constituted an Enquiry Committee to hold enquiry on 18.1.83. The respondent No. 2 further alleged that he was not given proper opportunity to defend himself which was against the mandatory provisions of section 18 of the......ecial Original Jurisdiction)
Present:
Nurul Hoque Bhuiyan J
Mainur Reza Chowdhury J
Chittagong Textile Mills Ltd................Petitioner
Vs.
The Chairman, Labour Court, Chittagong and another........Respondents.
Judgment
June 19, 1990.
Lawyers Involved:
Md. Khalilur ......e impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that the petitioner Chittagong Tex..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......Respondents. Appeal from Original Decree No. 19 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal is at the instance of the defendant No. 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6.......00 with 15% interest per annum from the date of institution of the suit till realization on the following counts: 1. (a) Amount deposited in Amir Marked Branch of defendant No. 1 on 4.11.80 and illegally kept in "Sundry Creditors Account"... Tk. 90,687.00 (b) Interest by way of compensation o..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Tripura Modern Bank Ltd.................................Petitioner Vs. Sunil Kumar Rajgharia and others...................Opposite‑Parties. Judgment August 7, 1990. Cases Referred to......will abate with the death of the judgment‑debtor respondent and relied on the two decisions referred to by the Court below in the impugned order and as such the executing Court did not commit any illegality in passing the impugned order. 5. While deciding the case reported in AIR 1947 Bombay 48..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....lass having jurisdiction in the place where the said person ordinarily resides and on such report the provision of sections 87, 98 and 89 of the Code shall apply in respect of the said person and his property as if the order directing the person to be so detained were a warrant issued by the Magistr......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases......is willingness to appear with the improvement of the law and order situation in the jail as required under section 7(b) of the Special Powers Act. 3. It is also the case of the petitioner that the legality of the order of detention was challenged in writ petition No. 612 of 1991 and a Division Be..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......…………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka and others.........................Respondents. (In both the Writ Petitions). Judgment January......upon the respondents to show cause why the respective orders of discharge from service and compulsory retirement shall not be declared to have been passed without any lawful authority and to be of no legal effect. 6. The respondent No. 1 has entered appearance and has filed two separate affidavit..Category: Administrative Law | Date: | Hits: 187
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....ncy of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon appertaining to plot Nos......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ......l through and no further transaction took place and the plaintiff remained absolute owner of the suit property; that after liberation of Bangladesh the defendant No. 1, M/s. Progati Industries Ltd. illegally and forcibly took possession of the suit property in March 1972 by dispossessing the plainti..Category: Property Law | Date: | Hits: 69
....aw, especially sections 9, 10(3) and 11 of the said Act are ultra vires of Article 39 of the Constitution and are liable to be declared void. He next submitted that the fourth Wage Board even was not properly constituted and that the financial capacity of different newspapers published from differen......Parishad...........................Petitioner
Vs.
The Government of the People's Republic of Bangladesh, represenÂted by the Secretary, Ministry of Information, Bangladesh SecretaÂriat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-......d/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is that the petitioner is a registered Association of..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the......re for quashing the criminal proceeding. Out of those three categories of cases the learned Advocate has pointed out that the second category of cases referred to in the cited case are where there is legal bar or restrictions against the institution of such cases for which High Court would be justif..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ...... Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Munshi Mozammel Hossain...................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahma......ation of the cardinal principle of law that no one should be vexed twice for the same offence and is also in contravention of Article 35(2) of the Constitution and as such is mala fide, bad in law, illegal and is liable to be declared to have. been passed without lawful authority and is of no legal ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....ssing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the Gulshan Model Town being plot No. 22 ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;...... the plaintiff is still in physical possession and enjoyment of the said property. In the suit the plaintiff has also challenged the notice under memo No. DIT/AED(N)‑655‑P dated 301.75 as being illegal and not binding upon the plaintiff and as such it has not affected the right, title, interest ..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ed to have purchased the disÂputed land and building bearing holding No.94 of Nawabpur Road, under Sutrapur Police Station, Dhaka from one Abdus Sattar and Khorshed Anwar, the admitted owners of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ pet......mad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. Lawyers Involved: K......andoned Property (Taking Over Possession) Rules, 1972, as such, its listing as abandoned property at the instance of the said Ministry of the Government is without any lawful authorÂity and is of no legal effect. 5. Khondaker Mahbubuddin Ahmed, learned Counsel, appearing for the appelÂlant subm..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....al application bearing No.244 of 1988 before the learned Sessions Judge, Khulna. The said revisional case was dismissed on the finding that unless the matter is decided by the civil court on evidence proper adjuÂdication cannot be made. Thereafter, the plaintiffs and his brothers filed T.S. No.16 o......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Peti......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement withÂin 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......in: VIII ADC (2011) 206....... matter obstructing the busiÂness of the petitioners, ends of justice demands that the case should be quashed. 8. The respondent No.3 argued that the cases are distinct and therefore, there is no legal bar for filing the cases against the petitioners for commission of distinct offences. She furt..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....appreciate that in order to find out whether the respondent No.3 was removed from the office of Director lawfully, the Registrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such section 193(6) contemplates conducting of hearing with a ......que CJ Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Ok-Kyung Oh……………………………………………................Petitioner Vs. Tea Hung Packaging (BD) Limited and others ...............Respondents Order November 8, 2010. Lawyers Involved: M/s. Ok-......ntested the writ petiÂtion stating that section 193 of the Companies Act authorises the Registrar of the Joint Stock Company to dispose of the complaint made by her and that the writ petition is not legally maintainable. The High Court Division upon hearing the parÂties was of the view that the Re..Category: Company Law | Date: | Hits: 175
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....d Farman Ullah (defendant No.9) as private pathway and halat and homestead in mouza Rifatpur under Balaganj P.S. in the District Sylhet and that the said recorded owners possessed the entire the suit property in their exclusive maliki right and subsequently Mohendra Kumar Paul sold his share to the ......tion is dismissed. Ed. This Case is also Reported in: ......tedly for over 20 years to acquire a right easement on the suit pathway. The defendants further alleged that the suit pathway is their private pathway and that the plaintiffs or the villagers have no legal right of passage or to use the said pathway as a right of easement. 4. The trial Court on c..Category: Property Law | Date: | Hits: 69
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