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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....Division Bench of the High Court Division in First Miscellaneous Appeal No. 133 of 1991 allowing the same upon reversing the judgment and order dated February 20, 1990 of the 1st Court of Subordinate Judge(now Joint District Judge), Chittagong, in Miscellaneous Case No.315 of 1988 allowing the same ...... 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. ...... 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. ......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. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... 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: ......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: ...... 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: ......d. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....ry 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge and S.C.C. Judge, Sadar, Kushtia. The Rule was obtained against the judgment and decree dated ......the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... 48 of 2001. Judgment Md. Abdur Rashid J.- Defendant No.2 Executive Engineer LGED at Rangpur presented the appeal against an order dated 16‑8‑2000 passed by Second Court of Subordinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑200...... 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. ......2‑6-2000 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. ......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, ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 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. ......ground of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......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..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. ......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. ......vision 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
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ainst the judgment and decree dated 25‑62001 passed by the High Court Division in appeal from Original Decree No. 344 of 1999 allowing the appeal reversing those of the learned Subordinate Judge, First Court, Comilla in Title Suit No. 92 of 1991 dismissing the suit. 2. The pl...... been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ecuted by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....g to the provision of Article 31 of the Constitution. 14. The respondent No. 1 was appointed to conduct hearing of Session Case No. 120 of 1993 in the 3rd Court of Additional Sessions Judge, Dhaka and that later on by the letter impugned in the writ petition his appointment as Speci......nabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......e find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 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..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....nuddin along with another Advocate Mr. Abul Hossain Talukder was appointed Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (S......cussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... 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..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ......Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....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. ......rs 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. ......irected 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. ...... Alauddin Sikder (Md) and another……………Petitioners Vs. Bangladesh and others ....…….............Respondents Judgment Mar..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
.... No. 1032 of 1996 quashing the proceedings of Special Case Nos. 3 of 1995 (Bogra), 23 of 1994 (Bogra), 22 of 1994 (Bogra), 25 of 1994 (Bogra) and 13 of 1995 (Bogra) of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi. 2. Facts, in short, are that on 11‑10‑92 an Assistant In......shing 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. ......e 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. ......appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......evisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......l application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....th sentence of the petitioner dismissing his Criminal Appeal No. 862 of 2000 against the conviction under section 302 of the Penal Code and death sentence awarded on him by the Additional Sessions Judge, 1st Court, Khulna in Sessions Case No. 8 of 2000 arising out of Khulna PS Case No. 23 dated ......eement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......th the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......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..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
.... the High Court Division. A Division Bench of the High Court Division heard the appeal and allowed the same upon observing "the lacuna, we find, in the disposal of the suit by the learned Subordinate Judge is that he ought to have himself examined the alleged signatures of the defendant No. 1 in vie...... 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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. ......ecision 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. ......nd 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)
....nbsp; 5. The learned Counsel for the petitioner urged the following grounds in support of the petition for leave to appeal: I. For that the learned Judges of the Hon'ble High Court Division erred in law in summarily rejecting the Writ Petition ...... 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. ......lution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………… Responden..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.... emphasis on the employer-employee relations.
(d) If the organisation is a trade-or business it does not cease to be one because of philanthropy animating the undertaking."
The learned Judge devised the following tests:
"IV. The dormant nature test:
(a) Where a complex ......t, 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.
......ule 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.
...... 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 ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....and order of conviction and sentence as passed by the Tribunal as aforesaid. 6. Mr. Khurshid Alam Khan, the learned Advocate, appearing for the petitioner, firstly contended that the learned Judges of the High Court Division failed to apply its judicial mind in appreciating the facts and ci......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. ......en) 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. ......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..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, which allowed an application of a third par......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. ......trict 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. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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