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Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ers Participation) Act, 1968 and not under section 34 of the Industrial Relations Ordinance. In that view of the matter, both the Labour Court as well as the High Court Division acted in excess of jurisdiction in entertaining the case of respondent workers and making a direction in the impugned ..Category: Labour and Industrial Law | Date: | Hits: 95
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......nding of the Court below therefore that the defendants Nos. 4 and 5 have ceased to perform the sheba of the idol, is sufficient to enable the Court to hold that they have ceased to be shebaits in the absence of any rule of the trust to the contrary. The plaintiffs as managers of the idol's property ......eeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order of permanent injunction restrain..
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... the basis of complaint filed by the respondent No. 1 because of the provision of section I95(1)(c) of the Code of Criminal Procedure, since the provision of the said section contemplates that in the absence of a written complaint of the Revenue Court (namely, office of the Assistant Commissioner (L......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......here is substantive evidence against the non-confessing accused as to his involvement in commission of the offence as the further evidence against such accused i.e. non-confessing accused. But in the absence of substantive evidence confession of a co-accused cannot be made basis for finding a non co......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... 2006 stayed the operation of the order passed by the 1st Court of Joint District Judge, Dhaka. 5. The plaintiff of the Title Suit No. 220 of 2006 moved the High Court Division in revisional jurisdiction as against the order dated August 28, 2006. 6. The Hig..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......emption. Both the Courts held that the question of limitation did not arise. In revision a learned Single Judge of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absence of the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A ReÂview Pet...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... Guidance of Contractors would be attracted which reads: — "1. In the event of the Tender being subÂmitted by a firm, it must be signed separately by each member thereof, or in the event of the absence of any partner it must be signed on his behalf by a person holding a Power of Attorney autho......lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....e under the connotation of bona fide requirements as contemÂplated under section 18(1)(e) of the Ordinance. Further, on the face of the pleadings and the eviÂdence adduced in the case the plaintiff totally failed to prove the bona fide requirement." 6. Leave was granted to consider the merit of......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......sapprove of the same, the finding on such issue was concurrent finding of fact and that the learned Single Judge of the High Court Division erred in law by interfering with such finding in revisional jurisdiction without any consideration of the evidence on record. 8. The short answer to this sub..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....contended that the view taken by the High Court Division is erroneous and that the High Court Division ought to have held that the word 'loan' in section 7(2)(g) inÂcludes part or installment of the total loan. Points merit consideration. Leave is granted." 3. There were three contesting candida......erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....essment year 1964-65 the Assessee appellant submitted income tax return showing loss of Tk. 63,751/- but the Income Tax Officer, Circle II, Chittagong did not accept the same and made assessment on a total income of Tk. 4,42,289/- which included Tk. 4,28,599/- as profit under section 10(2) (vii) of ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ransferee had failed to show what legal right had accrued to him which will be washed away by allowing the amendment. Then again as a rule the Court refuses an amendment if the amendment introduces a totally new and inconsistent case which may require further evidence to be adduced by the opponent. ......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......table pre-emption under section 96(4) of the Act he could file an application within 2 months from the said order. But he did not do so. InÂstead he moved the High Court Division in the reviÂsional jurisdiction. 11. It is unfortunate that the High Court DiviÂsion had devoted considerable time ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....t costs. The plaintiff do get Tk. 97,750/- with interest @ 15% per annum till realisation." 3. The appellant calculated interest from the date of the decree to the date of payment and cost and the total decretal amount, according to it, came to Tk. 1,07,095.00. On 13.11.86, an application was fil......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......of the I.R.O. 3. The Corporation contended before the LaÂbour Court that under section 4 of the AdministraÂtive Tribunal Act, 1980 the Administrative Tribunal set up under that Act had exclusive jurisdiction to try the petitioner's grievance and his petition under secÂtion 34 of the I.R.O. was..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. PlainÂtiff-respondents' 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty tong as t......he same observed that opinions etc of certain officials have been marked as exhibits without examining the makers thereof or without proving them in the manÂner provided by the Evidence Act, but the absence of notice under section 5(1a) or 5(3) in 1960 is a matter already decided in T.S. 36/68 and ......notice under 5(3) or the acquisition proceeding in any way. Hence findings of the High Court Division that bar of the suit under section 14A of the Act has no application when a statutory act without jurisdiction or acts in a manner without following the procedure provide in the statute itself is no..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......the order of acquittal and a Single Judge by order dated 30 June, 1986 issued rule in the matter i.e. Criminal Revision No. 180 of 1986. AnÂother Single Judge heard the matter, it is alleged, in the absence of the appellants, and by the impugned Judgment and order dated 4 September 1986 made the ru......Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application challenging an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs...Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of the Union Parishad (election) Rules, 1983 in directing re-election…â..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rely the petitioners cannot assail the imÂpugned order as without jurisdiction. It was passed very much within jurisdiction. The abÂsence of any opportunity to the petitioners to show cause and the absence of any enquiry have not prejudiced the petitioners at all because both the pre-emptor and th......s made, the proportionate value could not have been raised beyond the amount slated by the petitioners in their written objection. Surely the petitioners cannot assail the imÂpugned order as without jurisdiction. It was passed very much within jurisdiction. The abÂsence of any opportunity to the p..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......tances. In this view of the matter we would rather echo the words of the Chief Justice of Himachal Pradesh "However, the need for judicial intervention may not arise even in those cases where Court's jurisdiction is invoked, if the administration takes preventive, remedial and curative measures mean..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Parishad) Ordinance, 1983? Held: When th......tion Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Parishad) Ordinance, 1983? Held: When the legislature confers a special or additional jurisdiction on a recognized Court it may lay down the manner in which it is to be exercised, but if..Category: Election Law | Date: | Hits: 125
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