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Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under t...... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th......r, Advocate-on-Record — For the Appellant. SK Sinha, Advocate, instructed by Md Sajjadul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 46 of 1997 (From the Judgment and order dated 27-2-97 passed by the High Court Division in First Miscellaneous Appeal No. 23 of 1996)...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....me allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with rule 4 of the Rules. Therefore there is no basis for the submission that there is no law guaranting or securing any right in respondents to claim overtime allowance at double the rate ......bsp; General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others ……………Respondents Judgment February 14, 1......No. 43 of 1988 (Chittagong). Judgment Mustafa Kamal J.- These two appeals by leave by the writ petitioner-company is from the judgment and order dated 23-6-94 passed by a Division Bench of the High Court Division in Writ Petition No. 1617..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ...... Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgment February 2, 1999. Result: The petition is ......—For the Respondents. Civil Petition for Leave to Appeal No. 69 of 1999. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order dated 14-1-99 passed by the Admiralty Court of the High Court Division in Admiralty Suit No.11..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......upreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners ......e inconvenience of the informant- party should not be a ground for transferring a session’s case from one district to another district. 5. In making the Rule absolute by judgment and order dated 27-10-98 a Division Bench of the High Court Division found that it will be most inconve..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ...... disposing the only contention raised in this petition it will be sufficient to notice that the petitioner-State by filing Writ Petition No. 5228 of 1996 unsuccessfully challenged the judgment and order dated 4-5-94 passed by the First Court of Settlement in case No. 358 of 1989 (Ka-55) allowing..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....ation and Land Reforms communicated to the Deputy Commissioner, Brahmanbaria under Memo No.Co-31/83/490 Acqn. dated 17 November 1985 that the Government, after examination of the relevant records and laws and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ......ruddin Sircar Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 3. Civil Appeal No. 46 of 1993. (From the judgment and order dated 11 November 1991 of the High Court Division in Writ Petition No. 498 of 1987) Judgmen..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
.... Vs. Shantosh Chandra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh......ecord in setting aside the positive finding of the trial Court and in dismissing the suit in part. Thus, we find substance in this appeal. Accordingly, it is allowed without, however, any order as to cost. Consequently, the impugned judgment and decree of the High Court Division are set..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....her banks, it now appears that the Government could not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) ......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. &......e-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by the High Court Division in Writ petition No. 1474). Judgment ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment ...... Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by the High Court Division in Civil Order No. 1629 of 1993). Jud..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....00.00 against the defendant-petitioner for his high handed conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of the law. Now this petition by the defendant-petitioner seeking leave to appeal from the impugned judgme......ip;…………… Defendant-Petitioner Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment ......te-on-Record — For the Petitioner. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Civil Petition For Leave to Appeal No. 252 of 1995. (From judgment and order dated 14 March 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1076 of 19..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......sp; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constitution o......d of conflict with Article 68 of the Constitution and on other grounds, in Writ Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a c..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....Court. 13. It remains to be seen whether on proper consideration of the evidence on record the quantum of damages have been ascertained in the present case and the decree is sustainable in law and fact. 14. The market value of the vessel of the plaintiff was determined by the Adm......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ntained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can award compensation. An order of the Marine Court to pay compensation shall have the effect of a Civil Court decree and su..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....g granted in too many cases and expressed her opinion accordingly we would have nothing to say because as the Chief Executive she was entitled to have her own views in the matter having regard to the law and order situation which is the concern of the Executive. The Court is accustomed to such execu......ithin the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it……..(10) iv) The prime minister should take more caut......d in too many cases and expressed her opinion accordingly we would have nothing to say because as the Chief Executive she was entitled to have her own views in the matter having regard to the law and order situation which is the concern of the Executive. The Court is accustomed to such executive cha..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State……&helli......rocedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the De..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again in the Appellate Division by installments, when no interpretation of law is involved………………..(6) ...... Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and others …………...Petitioners Vs. State …&helli......nal Petition No. 108 of 1997). Not represented — The State (In both Petitions). Criminal Petition for Leave to Appeal Nos. 103 and 108 of 1997. (From the Judgment and order dated 9-6-97 passed by the High Court Division in Criminal Appeal Nos. 285 and 301 of 1992). ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ...... Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others……………………...Respondent Judgment ......haklader, Advocate-on-Record — For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No.260 of 1998. (From the Judgment and order dated 3-3-98 passed by the High Court Division in Writ Petition No.7741 of 1997). Judgm..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....dary Education, Dhaka, shortly the Board, and Inspector of Colleges of the Board (respondent Nos.4 and 5 to the writ petition and petitioner Nos. 1 and 2 therein (Annexure-F) have been made without lawful authority and are of no legal effect. 3. Respondent No.1 joined the then Ideal Juni......nbsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli......o.2 1 of 1997). Judgment Mustafa Kamal J.- This petition for leave to appeal by the defendant Nos. 4, 5 and 8 of Writ Petition No. 21 of 1997 is from the judgment and order dated 10-7-97 passed by the Division Bench of the High Court Division making the Rule Nisi in..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ove. 7. Being aggrieved the plaintiff had preferred this appeal. Leave was granted on the following questions: (i) whether the High Court Division misconceived both facts and law in holding that the plaintiff had given a go by to his plaint case at the trial which was in ...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12......ip;……(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 of the CPC will not come into operation……(13) Cases Refer..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ...... reversed those of the trial Court and dismissed the suit. On the plaintiff- respondents’ Second Appeal, SA No. 1028 of 1966, a learned Single Judge of the High Court Division by judgment and order dated 29-5-97 set aside the appellate judgment, decree, and restored those of the trial Court..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......ndents. Civil Petition for Leave to Appeal No. 571 of 1996. Judgment Latifur Rahman J.- The defendant petitioner has filed Civil Petition Nos 571 and 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 pa...... Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial..Category: Procedural Law | Date: | Hits: 118
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