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Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......Abdul Ali Vs. State reported in 30 DLR (SC) 58 the two accused person obtained a Rule for quashing a criminal proceeding against them and the High Court discharged the Rule. On appeal majority of the Judges of the then Supreme Court refused to quash the proceeding. Learned Judge dissenting with the ..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364........A. No.25 of 1970). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella ......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......of action the plaintiffs are entitled to give a second notice under section 109 of the Chittagong Port Act and Ext. 6 is that notice. It was held that such notice is a valid notice. Next, the learned Judges considered the contention of the defendant that the plaintiffs did not take delivery of the..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......dgment and order of the High Court Division passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.14......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......cluded that such adverse remarks had not been substantiated by any specific instances nor such remarks were ever communicated to him and he had no opportunity to represent against them. The learned Judges then came to the conclusion that under section 10 of the Public Conduct (Scrutiny) Ordinance,..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......d to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been tra......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......efendants 4 to 7 being fulfilled". In this view of the matter the decree was upheld and the suit was dismissed as against the other defendants namely 1, 2, 3, 8 and 9. 7. With respect, the learned Judges of the High Court Division having come to the conclusion that the land was relinquished in fa..Category: Property Law | Date: | Hits: 99
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
.... Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can punish under section 307 of the Labour Act. On plain readi......ts first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can punish unde......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
..... 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.
...... 79 of 1997 and 1472 of 1996.
Judgment
Mahfuzur Rahman J.- All the writ petitions namely, Writ Petition Nos. 781/94, 1377/95, 1855/96, 4893/96, 79 of 1997 and 1472 of 1996 are taken up together for disposal since in all the cases vires of the Ordinance No.54/85 has been challenged.
2. In al....... 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.
......are equal are equal in the eye of law”, meaning that it will not accord favoured treatment to persons within the same class.”
29. On consideration of the views expressed by these distinguished Judges and Authors as to the meaning of the “equality before law” and “equal protection of the..
Category: Property Law | Date: | Hits: 150
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.......uered career. On 28.6.71 one Kazi Habibur Rahman and four of his children were killed by gun shot injuries and their house was burnt to ashes. On the same date Kazi Harunur Rashid lodged a First Information Report at Rajapur police station but no names of any accused were mentioned therein. On 12......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.......o jurisdiction to interfere with the said finding. 9. It is argued that the Government having found the appellant a freedom fighter and having decided to withdraw the case against him, the learned Judges of the High Court Division committed error of law in not interfering with the decision of the..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.......80 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the question whether the accused being a public servant prior sanction for his prosecution was mandatory under section 6(5) of the Criminal Law Amendment Act, 1958 and t......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.......ssions 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: “Jurisdiction of Special Judges and cognizance of case by them.—A Special Judge shall have jurisdiction within such territo..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. ......5). Judgment Fazle Munim CJ.- This appeal arises from First Appeal (Probate) No.20 of 1975. Plaintiff respondent filed Civil Suit No.1 of 1972 in the Court of the District Judge, Chittagong for granting him Letters of Administration in respect of the estate of Pitambar Karmakar with a copy...... 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. ...... finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed the District Judge to issue Letters of Administration with a copy of the will annexe..Category: Property Law | Date: | Hits: 80
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....pects of the entire episode requiring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of record......e aspects of the entire episode requiring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of re......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.......sh for his alleged disobedience to the Court's order to appear before it but what is unusual and extraordinary is the assumption of jurisdiction which the Court did not possess. 4. If the learned Judges who issued the Rule for contempt against the Deputy Attorney-General, tried him in absentia..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. ......ny incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bashar was an employee under Appellant No.1 and was also General Secretary of Respondent No. 4, a Union formed of the employees of Appellant No.1 and registered as such under the Industrial Relations Or......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. ......lants moved the High Court Division under Article 102 (2) of the Constitution challenging the maintainability of the application of Respondent No.4 under section 34 of the Ordinance but the learned Judges of the High Court Division rejected the application summarily on holding, relying upon an ear..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... Vs. VR Rudani, AIR 1989 (SC) 1607; Manjurul Huq Vs. Bangladesh and others, 44 DLR 239; Zakir Hossain Vs. Bangladesh, 55 DLR 130; Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... 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. ......ving 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 for construction of a two-storied house of the applicant as income from other sources. He estimated ...... 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. ......rmined the tax on the basis of such assessment. 18. In the case of Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab [1944] 12 ITR 393 (Lahore) in a Special Bench of five Judges it was held, inter alia, that an Income-tax Officer is not bound to rely on such evidence pro..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....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. ......te Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment......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. ......ion. He then refers to the decision in the case of Md. Shah Alam Vs. Farida Begum reported in 2 MLR (AD) 153 = 2 BLC (AD) 92. "10. It appears from the impugned judgment that although the learned Judges have stated that the Courts below based their judgments upon misreading and non-consideration..Category: Property Law | Date: | Hits: 123
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......tizen to safeguard and defend the Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh. The petitioner is also the Secretary General of the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the peo......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......t be referred for referendum before it is assented to by the President. 40. Mr. Farooqui has also argued that Article 99 has been amended by section 5 of the impugned Act providing for the retired Judges and retired Chief Justice to hold the office of Adviser and the Chief Adviser, as the case, m..Category: Constitutional Law | Date: | Hits: 215
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... case is that the accused persons are innocent and close relations of the deceased and that they have been falsely implicated in the case out of enmity and that they were not mentioned in the First Information Report as accused. 3. After completing investigation police submitted charge-sheet agai......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
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. ...... to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police Station, alleging that the accused named therei......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. ......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 the High Court have summarily rejected the petition, holding that under section 29 of the ..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. ...... a copy of the judgment written by my learned brother Badrul Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this appeal is whether the mortgage deed submitted by the respondent for regi...... 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. ......he matter to the High Court Division for deciding what would be the stamp duty payable on such document. The matter was, accordingly, referred to the High Court Division for opinion and the learned Judges of the High Court Division held that mortgage in question being a second mortgage for colla..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......hat Title Suit No.334 of 1974 and the subsequent kabala for retransfer were fraudulent intending to defeat the pre-emption, no matter the application for pre-emption was filed thereafter. The learned Judges of the High Court Division further observed that even if the suit and the kabala for reconvey..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... than the Founding Father of this Nation, in the FIR, the informants demonstrated highest and inexpiable audacity and disparagement, reflective of vicious reprehensibility, haughtiness, scornfulness, contempt and reprobation, leading us to infer that they were prompted by ill nurtured malice aforeth......e and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secr...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
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