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Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....hall have in relation to the management of the affairs of the firm all such powers and authority as the firm itself would if it were not an enemy firm, provided that any person having any commercial, financial or other intercourse or dealing with such person while so acting shall not merely by reaso......ion "(carry) on trade and business" as appearing in rule 181 of the Defense of Pakistan Rules and in the Notification dated 6-10-65 does not confer on the person authorized any authority or power to file any suit. 6. Mr. Shah Mohammad Sharif, the learned Advocate appearing for the opp...... 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proceed with and continue the same. 2. The suit was filed on 19-2-......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......aintiffs and the defendant No.1 for a cash consideration of Rs. 3,500 paid to the defendant No. 1 and was authenticated on the same date by the Notary Public, that the defendant No. 1 also executed a power-of-attorney to carry out the purpose of the said agreement, that the plaintiff entered into po.......................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is discharged. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Moha......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ......red Trade Union or not, has been deprived of the benefits specified in that section......." 8. The order of termination as quoted earlier shows that the management sought to exercise their power under section 19 of this Act and offered to pay his salary for ninety days in lieu of notice a......sed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect. 2. The facts giving rise to this petition may be stated briefly hereunder: "The respondent No. 2 was employed as a......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ...... a ground for divorce. They have no relevance on the question of Khula divorce. 12. It is no doubt correct that this Court did, in Khurshid Bibi’s case, lay down that the Courts do possess the power to grant a Khula divorce where the husband is unwilling to dissolve the marriage even though i...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and ...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......Rahman Khan contended, the learned Magistrate acted beyond his jurisdiction in directing issuance of warrants of arrest against the petitioners which in his view, must have been passed in exercise of powers contained in sub-section (3) of section 117. He pointed out sub-section (3) of section 117 pe................Petitioner Vs. Tobarak Majhi......................Opposite Party Judgment September 15, 1970. Result: The Rule is discharged.  Cases Referred to- Chand Shah Vs. The Crown (1956) 8 DLR (FC) 24; Md. Ishaque Vs. Nur Mahal Begum (1961) 13 D...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited Vs. Chairman, National Board of Revenue, 2015, 44 CLC (HCD)

....diate preceding assessment year and-- (a) does not have any income which is exempted from tax; or (b) does not have receipt of Gift; or (c) does not have loan other than from a bank or financial institution; or (c) sum of ascertain of next wealth and shown expenditure is covered ......hellip;…….Respondents Judgment April 5, 2015 Result: The Rule is made absolute. Income Tax Ordinance (XXXVI of 1984) Section 120  IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section&nbs...... (HCD) (2016) 91   ...... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ..

Category: Fiscal/Taxation Law | Date: | Hits: 0

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ......o valid contract in between    the    parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal there......................Plaintiff-appellant-petitioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) ......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ......called on for hearing will determine the outcome of the proceeding under Order 41 Rule 19 of the Code of Civil Procedure. Order 41  Rule  19 of the Code of Civil Procedure gives  ample power to  the appellate Court to re-admit the appeal if the Court is satisfied that the appella......ip;Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arshed, Advocate&m...... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ..

Category: Civil Law, Procedural Law | Date: | Hits: 2

AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)

.... the present petitioners, who are admittedly the third teacher in their respective subject, are not being granted the same privilege and, as such, they are rendering their service with­out proper financial remuneration, thereby caus­ing hardship to themselves and their family. 12. Refer......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......ondents Judgment February 11, 2010. Result: The Rule is made absolute. Equality of Opportunity in Public Employment— Articles 29 and 31 of our Constitution relates to equality of opportunity in public employment. Persons serving in same category/class are to be tr......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..

Category: Administrative Law, Employment/Service Law | Date: | Hits: 5

Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

.... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ...... purposes of this act, and of the salaries fees and allowances assigned to such officers and servants.” He then mentioned clause I(d) of section 35 which confers on the Board the power to make by-law for regulating the conduct, period and other terms and conditions of service of.........Petitioners Vs. The Board of Trustees, Port of Chittagong, and others..........Respondents Judgment March 25, 1975 Result: The Rule is discharged. Cases Referred to- A.F.M. Abul Fateh PFS, Ministry of Ex­ternal Affairs, Govt. of Pakistan, Karachi Vs. Pr...... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ..

Category: Administrative Law | Date: | Hits: 1

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....l-administration and functioning below the expected standard; in pursuance of which an enquiry as caused to be held into the affairs of the Society which revealed existence of gross irregularities in financial matters and violation of constitutional provisions in the formation of the present Governi......ody is suspended under sub-section (1), the Registration Authority shall appoint an administrator, or a Care-taker Body consisting of not more than five persons, who shall have all the authority, and powers of the Governing Body under the constitution of the agency. (3) Every order of suspensio...... March 3, 1975 Result: The Rule be discharged. Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice— In accordance with the principles of natural justice, ......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ......‘appellant, has submitted that the appellant could not be legally convicted for the offence punishable under section 302 of the Penal Code as he caused the death of Sohel while he was deprived of the power of self control by grave and sudden provocation offered by P.W. 3 Asia Khatun and that the app......ip;…………………………..Respondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is ......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ..

Category: Criminal Law | Date: | Hits: 2

Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)

.... entertain the miscellaneous case filed by respondent No. 2 under Article 27 of President Order No. 7 of 1973. He submits that Artha Rin Adalat only entertain Suit (মামলা) filed by the financial institutions upon payment of ad valorem Court fee. However, in the present case the Artha ......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296.   ...... Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on the court by consent. It is also well settled that......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296.   ..

Category: Others | Date: | Hits: 3

Chairman, Power Development Board & Others, 1980, 9 CLC (AD)

....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......ed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-Record-For the appellants Civil Appeal 102 to 108 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin ......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..

Category: Labour and Industrial Law | Date: | Hits: 1

Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)

.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......n is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on setting aside the order of acquittal to one of convic­tion.......p; April 17, 2014.          Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revision...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ..

Category: Criminal Law | Date: | Hits: 5

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ......D.L.R 18 that the Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the provision to sub-section (3) of Section 9 of the Code of Criminal Procedure has all the powers of Additional Sessions Judge except the passing of sentence of death and has jurisdiction to ................Petitioner Vs. Syeedul Haque Chowdhury...............................Respondent Judgment November 14, 1985. Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury &am......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ..

Category: Criminal Law | Date: | Hits: 1

Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)

....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......minal Procedure under which an application for revival of the case as was made in the present case can be permitted to be filed. Not to speak of revival of the case by the Court concerned there is no power available to this Court even to direct fresh or further trial if the time as stipulated under ......ion No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the ins­tance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dha......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..

Category: Criminal Law | Date: | Hits: 1

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....ssary because for preventing the detenu from acting in manner prejudicial to the maintenance of supplies and services essential to the life of the community and also from prejudicing the economic and financial interest of the State. At the time of the hearing of this petition when the learned Advoca......learned Advocates it is necessary to mention the reasons for detention which prevailed upon the mind of the authority from time to time. The first order of detention that was passed under the Special powers Act mentioned that it is necessary to detain the detenu for reasons of (a) security (b) publi......For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Petition No. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made w......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..

Category: Criminal Law | Date: | Hits: 1

Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ct Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District J......and others...................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. ......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..

Category: Civil Law | Date: | Hits: 2

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....d drove out plaintiff No.1 from the house of defendant No.1, 10/12 years back. Since then, plaintiff No.1 has been residing in her parent's house with two daughters, plaintiff Nos.1 and 3 with utmost financial hardship. Defendant No.1 does not pay any maintenance to the plaintiffs. For the reasons s......he plaintiffs are entitled to maintenance from defendant No.1. He further submits that since both the Courts below concurrently held that plaintiffs are entitled to maintenance, this Court exercising power under section 115(1) of the Code shall not interfere with the finding of facts arrived at by t......s. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD)......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..

Category: Procedural Law | Date: | Hits: 31