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State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ed in Sessions Case No.46 of 2000. E. Copy be forwarded for information and necessary action to: i Learned Additional Sessions Judie, Pirojpur. ii. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. iii. Inspector General of Police, Dhaka. iv. Superintendent......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......f husband Md. Delwar Hossain Faraji on 19‑8‑1996 at village Telikhali, Police Station Bandaria, District Pirojpur. 2. Following commission of crime law was set on roll on lodgment of First Information Report by Sheta Nath Mollik, Sub-Inspector of Police, Bandaria Police Station as informant......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....istrict Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect.
2. The facts of the case, in brief, are that Bangladesh Shilpa Bank, the respondent No.2, filed a bankruptcy case being Bankruptcy case No.1 of 2......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......harged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Sinc......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....ef prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....d. This Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ot empowered to supersede the arbitration clause and appoint an arbitrator who is not named in said arbitration clause………………(51) Cases Referred to- Bangladesh Water Development Board Vs. Nasim another, 1988 BLD 369; RAJUK Vs. MN Alam & others, ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......rdinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate o......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangladesh. …………………………(13)&nb...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... judgment and order dated February 26, 1997 of the Administrative Tribunal, (AT) Dhaka in Administrative Tribunal Case No. 193 of 1994 dismissing the same. 2. The respondent tiled the aforesaid AT Case challenging legality of his dismissal and prayed for reinstatement with all finan...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... ...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......ted 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgment Md. Fazlul Karim J.- This appeal by leave is to consider the submissions of the learned Counsel for the appellant that: (1) The High Court Division has failed to appreciate the fact that the co...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
.... Division in Writ Petition No. 3005 of 1998 declaring the Memo No. 2862/Solicitor/96‑312/4 dated 13‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and wi......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......angladesh was appointed along with another Advocate as the Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993. The respondent No. 1 while conducting hearing of the aforesaid Session case, the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing), by ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents Judgment April 5, 2004...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and s...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
.... Alauddin Sikder (Md) and another……………Petitioners Vs. Bangladesh and others ....…….............Respondents Judgment Mar......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ...... Advocate, instructed by Ahsanullah Patwary, Advocate‑on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8. Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....der (Md).....................Petitioner Vs. State ...........................................Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the f......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......Record-For the Respondent. Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition for Leave to Appeal No. 13......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
.... ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......being not done in the instant case there has been noncompliance with the provision of law in sending the grievance petition. 3. The respondent No. 1 filed a complaint case before the respondent No. 2 stating, inter alia, that he joined as bus conductor in Bangladesh Road T......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………… Responden......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......on of Bangladesh, 1972 Article 9 The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.... therefore, necessary to limit its scope on permissible grounds, having regard to the aim, scope and the object of the whole Act."
But before we consider the relevant Labour Legislations in Bangladesh we would like to consider certain earlier judgments passed by the Supreme Court of India ......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......ons of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expir......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....prisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Co...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......hers.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Capt BS D......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......t. Company Matter Nos. 96 and 97 of 2001. Judgment Syed Amirul Islam J.- These two matters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are a......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....peal No. 57 of 2002). Judgment Md. Faziul Karim J.- The Government of Bangladesh and others seek leave to appeal against the judgment and order of the Administrative Appe......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......olved: Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Admi......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....azlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The p......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
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