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Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)

....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. ......y 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 reading of the petition of complaint as set forth above, we do not find that there was any order of the Labour Court which has not..

Category: Labour and Industrial Law | Date: | Hits: 201

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

....ending in the Court of Chief Metropo­litan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......me was recorded at Shahbagh PS Case No.29 dated 30-11-2006 under sections 143/149/186/448/427/500 of the Penal Code. 5. Five days after the incident one Barrister Omar Sadat filed a Petition of Complaint being No.1850 of 2006 in the Court of Chief Metropolitan Magistrate, Dhaka on 4-12-2006 under..

Category: Criminal Law | Date: | Hits: 132

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....ure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as manufactu......e’s Republic of Bangladesh and obtained the present Rule. 3. It is submitted that the aforesaid demand is illegal in the face of Rule 10 of the Excise and Salt Rules, 1944 as it stood before the amendment by SRO No.226-L/83/95 (Excise) dated 30-6-86 as the said demand was not made within the pe......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...

Category: Fiscal/Taxation Law | Date: | Hits: 169

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... 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. ....... 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. ..

Category: Property Law | Date: | Hits: 150

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....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.......ated 5.4.80 took the view that the case is actually triable by special Judge and learn­ed Magistrate has no jurisdiction to take cognizance of the case and accordingly direc­ted to return of the complaint petition for being presented to a proper Court. 6. The Deputy Commissioner, Bogra however ..

Category: Criminal Law | Date: | Hits: 81

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

....rt Division in Civil Revision No.1479 of 1979 setting aside the order passed by the District Judge, Sylhet in Misc. Case No.4 of 1979. 2. The plaintiffs respondents filed S.C.C. Suit No.24 of 1976 for eviction of the appe­llant. The suit premises belonged to Rajani Kanta Singh, husband of the pl......"The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes". 10. Prior to the amendment in 1962 transfer of Small Causes suit could be made under sec. 24(4) of the Code of Civil ......d against the judgment and order passed by the High Court Division in Civil Revision No.1479 of 1979 setting aside the order passed by the District Judge, Sylhet in Misc. Case No.4 of 1979. 2. The plaintiffs respondents filed S.C.C. Suit No.24 of 1976 for eviction of the appe­llant. The suit pre..

Category: Property Law | Date: | Hits: 113

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....and reminders made by the petitioner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and First Artha Rin Adalat, Chittagong for realisation of the aforesaid dues from the respondents. The respondents filed a written statemen......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......for adjudication of the claim by the financial institution only for the recovery of its dues. In this case admittedly the respondent Nos. 1‑5 have not filed the suit for the recovery of its dues as plaintiff and therefore, Mr. Rokanuddin Mahmud, the learned Counsel for the respondent Nos. 1‑5 su..

Category: Civil Law | Date: | Hits: 116

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....y and also fixing Taka. 7 lacs as rate of each value of each year. By SRO No. 192 dated 1.7.88 fixing the capacity filing value to be 2 cores 50 lacs bottle and the rate was fixed at 80%, 64% and 48% for the Dhaka, Chittagong, Rajshahi and Khulna Divisions respectively per year and earlier SRO No. 1......llenge. 2. The capacity tax was recognised by the Constitution (6th Amendment) Act, 1966 by addition of Item i) to Entry No. 43 of the Third Schedule to the Constitution of Pakistan, 1962. By this amendment the Central Legislature was authorised to make laws in respect of taxes and duties on the ......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...

Category: Fiscal/Taxation Law | Date: | Hits: 199

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....ar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposi......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434....... and filed written objection denying the material allegations made in the application for injunction and contended that 0.08 acre of land appertaining to plot No.154 described in "Ka" schedule of the plaint was purchased by the defendant Nos. 6 and 7 who are also heirs of the original owner Abdul Ma..

Category: Civil Law | Date: | Hits: 93

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....t No.3 and Subordinate Judge, Dhaka in Money Suit No 109 of 1991 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposite party as plaintiff filed Mo......appears that the provision of section 7 of the Artha Rin Adalat creates a specific bar in the matter of filling an appeal against an ad-interim order passed by the Artha Rin Adalat. By the subsequent amendment of the Artha Rin Adalat Ain provision has been made for filing an application under Order ...... aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposite party as plaintiff filed Money Suit No.109 of 1991 in the Court of Artha Rin Adalat and Subordinate Judge, 3r..

Category: Civil Law | Date: | Hits: 121

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, La­bour Court, Chittagong & another, 1977, 6 CLC (AD)

....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......nd Industrial Establishments and for matters connected therein. The first two of these acts were repealed by the said Ordinance of 1969 and the provisions of the repealed acts were consolidated after amendment and re-enacted in the said Ordinance. The Employment of Labour (Standing Orders) Act, howe......t No.1 for bi-lateral nego­tiation and settlement under section 26 of the Ordinance. Appellant's case is that while the Company was actively considering the said char­ter of demands, it received complaints about the deteriorating condition and bad managem­ent of the restaurant run by the Company ..

Category: Labour and Industrial Law | Date: | Hits: 167

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....laintiffs, on enquiry, had the knowledge of the kabala on 9-7-61. They say that she did not execute the kabala, another thumb impression might have been taken in her unconscious state, as she was ill for four or five months before her death. She was an illiterate, and a purdahnasheen lady. The attes......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......a High Court, reversing the decision of the first Appellate Court, and restoring that of the trial Court, who dismissed the suit. In this appeal, Defendant is the appellant. 2. Facts are that the plaintiff-respondents brought a suit to set aside a kabala standing in favour of appellant Md. Altaf..

Category: Property Law | Date: | Hits: 73

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....72 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); R Vs. Secretary of State for Home Department,....... 07/16. 08. 07 /19.08.07/17.10.07/12.03.08 respectively and the petitioner followed their advice accordingly. 8. The petitioner directed a letter to the respondent on 24.03.2008 stating that some amendment has been permeated in to the design of the monument. The respondents did not convey any ad......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ..

Category: Civil Law | Date: | Hits: 218

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....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......ecified in the notification and subletting, if made in contravention of the said section, was made null and void. The land so sublet was also to stand forfeited to the Provincial Government after the amendments made to the said section in 1956. The intention of this section appears to be that since ......itional District Judge, Magura in Title Appeal No.134 of 1991 dismissing the appeal and affirming those dated 15-6-1991 and 19-6-1991 respectively passed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to thi..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....sul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proc......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......ng statutory Rules, has force of law and the ACC must amend the Form to clear up the ambiguity whether any Sanction is nec­essary for initiating a case that is lodging FIR or fil­ing petition of complaint or not. The Form-3 should be modified in light of the amended provision of section 32 of the ..

Category: Criminal Law | Date: | Hits: 156

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....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......ure of the Constitution, we are of the opinion that the Full Bench, if constituted, should decide all issues raised in the writ petition, and particularly the issue where the Act 1 of 1996 has caused amendment in the provisions of Articles 48(3) and 56 of the Constitution requiring assent thereto th......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. ..

Category: Constitutional Law | Date: | Hits: 215

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....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: ...... 44. That theory was followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including those one catalogued below, the Indian superior courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold, if no offence is disclosed b..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....ndent No.1 to 3 who are partners of the registered firm named and styled as M/s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and......Acting President's Order dated 30th December, 1971. 21. Mr. T. H. Khan, Counsel for the res­pondent's No.1 to 3 submitted that by the Acting President's Order dated 30th December, 1971 some minor amendment was effected to the Acting President's Order dated 26th De­cember, 1971. The amendment me......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

..... Hossain, Advocate-on-Record - For respondent Nos. 1 & 2. Syed Sakhawat Ali, Advocate-on-Record – For the respondent No. 7. Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant,......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......which cropped up during the course of argu­ments as to whether the appellant can at all raise any objection as to the sufficiency of the period of notice, Mr. Khondker emphatically asserted that the plaintiff-respondent must succeed on the strength of her own case. For, he mentioned, though the def..

Category: Property Law | Date: | Hits: 103

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....ty. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......dge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before this Court. 3. The petitioners as plaintiffs instituted SCC Suit No.9 of 1986 before the SCC Judge (Assistant Judge), Sadar Dinajpur f..

Category: Procedural Law | Date: | Hits: 74