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Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)

.... Khan, Advocate-For the Respondent No. 2. Writ Petition No. 911 of 2011. Judgment SM Emdadul Hoque J. - This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Lab...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Abdul Awal J SM Emdadul Hoque J Kazi Rokanuddin Ahmed and others……………..........Petitioners Vs. Chairman, 1st Labour Court and others...............Respondents Judgment March 31, 201......e, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ..

Category: Labour and Industrial Law | Date: | Hits: 156

Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)

....acts and circumstances of the case allowed the case by its judgment and order 13-3-2008. 7. Against the said judgment and order the respondent Nos.3 to 6 filed an appeal under section 33(6) of the Bangladesh Labour Act, 2006 before the respondent No.1. The appeal was registered as Appeal Case No.......ourt High Court Division (Special Original Jurisdiction) Present: Abdul Awal J M Moazzam Husain J Iqbal Hossain and six others.......................................Petitioner Vs. Chairman, Labour Appellate Tribunal and Others..............Respondents Judgment Janua......egal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..

Category: Labour and Industrial Law | Date: | Hits: 161

Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)

....sion (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawy......rt Division (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..

Category: Employment/Service Law | Date: | Hits: 91

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another...............................Respondents Judgment July 20, ...... Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another...............................Respondents Judgment July 20, 2011. Lawyers Involved: Abdul Basel Majumder, Senior Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For the Appell......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..

Category: Intellectual Property Law | Date: | Hits: 270

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nasir Uddin.............................................Petitioner Vs. State, represented by the Deputy Commis­sioner, Narayanganj ..........Respondent Judgment......s dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..

Category: Criminal Law | Date: | Hits: 64

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....sent: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judgment June 1, 2011. Cases Referred to-&nbs......vision (Special Original Jurisdiction) Present: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judg......irst mode of security was by getting lien of 8 FDRs issued by the Sonali Bank, Goran Branch, Dhaka (shortly, the Sonali Bank) in the names of the petitioner No.2, Mrs. Khurshed Zahan and deceased Dr. Abdul Kadir, being defendant Nos.2 and 3 respectively of the Artha Rin Case. On the death of Dr. Abd......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ......minal Appellate Jurisdiction)   Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent As......nd Jail Appeal Nos.770 of 2005, 769 of 2005 and 768 of 2005 respectively. All the cases are taken together to dispose of by this common judgment. 2. Prosecution case, in short, is that P.W. 1 Md. Abdul Malek Miah, Officer in Charge of Naldanga Police Station, Nator himself on 05.04.2003 lodged a...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....d 12 other BDR personnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel a...... (1993) 521.......t No.2 and another, 1979 PLD (Lahore) 279; Pachu Vs. State, 26 DLR 297; Daud All Vs. State, 27 DLR 155; Muhammad Khan Vs. Dost Muhammad and 17 others, 1975 PLD (SC) 607, 609. Lawyers Involved: Abdul Matin Khasru with M Faruque, Advocate ‑ For the Appellants. AQ Rashid Ahmed, Advocate ‑......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...

Category: Criminal Law | Date: | Hits: 75

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been ......12. ......roperty. In the absence of any heir of trustee the trust property was on the verge of ruin. Considering the circumstances, the local leading gentlemen formed a managing committee on 20.11.68 with Mr. Abdul Haque, the Ex‑Chairman of Baliati Union Council as President and Mr. Madhu Mia as Secretary ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

.... This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......diction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hosain J Bangladesh Service Limited having its office at Dhaka Sheraton Hotel, 1 Minto Road, Dhaka…………………Applicant Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka....................Respondent Judgmen......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ..

Category: Fiscal/Taxation Law | Date: | Hits: 139

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....g eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Cour......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, ......mitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....udgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and oth......t  High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. ...... 85; Mahabir Prasad Vs. Jage Ram and others, AIR 1971 (SC) 742;  Taher Bhuiyan Vs. Sree Lal Mohon Mondal and others, 10 BLT (HCD) 127; Tara Miah and others Vs. Bhovotosh Das, 2 BLC (AD) 59; Abdul Kader Mondal and others Vs. Md. Shamsur Rahman alias Md. Shamsur Rahman Saha, 19 BLD (AD) 183.......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......   ......ong with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Ref...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 2...... is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being aggrieved by and dissatisfied wi......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others……………………..Respondents Judgment Novembe......ment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corpora­tion and another ... ..........................Opposite Parties J......is Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....the right to appeal, is a substantive right and not a mere matter of procedure, and as such, neither of them is available unless it has been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and o......Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Khapan Bittahin Co-operative Society Ltd……………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others……â€......Vs. Savi, 1921 AIR (PC) 80; Thakur Prasad Vs. Fakirulla, ILR 17 Allahabad 106; Neerala Tea Estwo Vs. Govt., 41 DLR 90; National Telephone Company Ltd. Vs. Postmaster­ General (1); Abul Khair Mia Vs. Abdul Latif Sardar, 32 DLR (AD) 167; Abdul Rouf Vs. Abdul Hamid Khan, 17 DLR (SC) 515 = 1965 PLD (SC......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

....h the notices issued by Assistant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no ......Division (Statutory Original Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Commissioner of Taxes, Dhaka (West) Zone, Dhaka…………………..Applicant Vs. Md. Hasanuzzaman……………………Respondent Judgment February 9, 1993. Lawye...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....udur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 1991. Lawyers ......ourt High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....e in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: “The appellant shall not, witho......hhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July......y order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116