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Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
.... 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the impugned judgment. 2. The appellant moved the writ petition challenging th......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court sitting over the order of the authority concerned has the power to see whether enquiry Committee proceeded with the ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation of all...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......‑9 (In Civil Appeal Nos. 152 & 154 of 2000). Not Represented‑ Respondents (In Civil Appeal Nos. 153‑155 of 2000) Civil Appeal Nos. 152‑155 of 2000. (From the Judgment and order dated June 10, 1999 passed by the High Court Division in Writ Petition No. 2127 of 1994). ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....….Respondents Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisio......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......ode of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....; Uttara Bank vs. Macnell and Kilburn Ltd. 33 DLR (AD) 298; Gooryonly (BD) Textile Ltd. vs. Chartkar Information Holding Ltd 54 DLR (AD) 70. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record‑ Fo......s. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX, rule 1 of the Code of Civil Procedure on 14‑6‑2000 and the trial Court issued an order of ad interim injunction restraining defendant Nos. 1‑4 from taking or making any payment under let...... 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under L......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
.... Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......ent Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon opposite party No.1 to show cause as to why the order dated 26‑5‑2003 passed by the learned Sessions Judge, Rajshahi in Criminal Revision No.98 ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......d of rights was not correct. 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
...., mother of the victim and investigating officer. The accused persons were also examined under section 342 of the Code of Criminal Procedure. Then considering the evidence on record and the arguments advanced on behalf of both sides, the trial Court found accused Foran guilty under section 6 (1) and......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......bsp; Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Not represented‑The Respondent. Criminal Appeal No. 27 of 2001. (From the Judgment and order dated 3‑6‑1999 passed by the High Court Division in Criminal Appeal No. 579 of 199......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....bsp; Judgment October 26, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 342 Since the accused petitioner has admitted his guilt not examination under section 342 is required while convicting and sentencing th......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... Md. Nawab Ali, Advocate-on‑Record‑For the Petitioner. Not Represented‑Respondent. Criminal Petition for Leave to Appeal No. 29 of 2002. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Criminal Miscellaneous Case No. ......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......Senior Counsel appeared on behalf of the appellant in both the appeals and none appeared on behalf of the respondents. The learned counsel for the appellant after taking us through the leave granting order and the judgment of the trial court and also of the High Court Division made his submissions. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
.... Salma Masud Chowdhury J Abul Kashem Khan……………Petitioner Vs. State………………………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Ka......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ...... Sheikh Rezowan Ali J. - On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusin......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......on‑Record‑For Respondent Nos. 1 & 5. Not Represented‑ Respondent Nos. 2‑4. Dispensed with‑ Respondent Nos. 6‑ 10. Criminal Appeal No. 17 of 1999. (From the judgment and order dated 24 June 1998 passed by the High Court Division in Criminal Miscellaneous Case No. 3125 o......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......esidential, commercial, industrial purpose or for establishment of parks, playing fields and open space for relief of congestion in any area to which this Act extends, Provincial Government might, by order in writing, requisition any property for the Board arid could make such further order as might......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....f the Penal Code and sentencing them to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6 months more and petitioner Amjad Ali under sections 467/109 of the Penal Code and sentencing him to suffer rigorous imprisonment f......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ....... 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2002 passed by the High Court Division in Criminal Revision No. 121 of ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....ition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......ucted by M Khaled Ahmed, Advocate‑on‑Record ‑ For the Petitioner. Not represented ‑ the Respondents. Civil Petition for Leave to Appeal No. 1097 of 2002. (From the judgment and order dated 29‑4‑2002 passed by the Administrative Appellate Tribunal in Administrative Appellat......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
.... amount as provided under section 33 of the Arbitration Act, 1940. That the learned Subordinate Judge and Commercial Court No. 2, Dhaka upon deposit of the Bank guarantee heard the matter and made the award a Rule of the Court upon passing a judgment and decree against the defendant-ap......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......e‑ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 114 of 2002. (From the judgment and order dated 22nd April 2001 passed by the High Court Division in Civil Revision No. 1595 of 2000).......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....valid although party violating such order would expose themselves to legal action. For such violation document cannot be declared void or illegal or fraudulent or collusive when the allotment was made upon due compliance of the procedure for allotment and at the prevalent price. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......ation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would n......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......he defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said money orders were refused by the plaintiff Bank. Finding no other alternativ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
.... Court, Dhaka and another………………………………Respondents
Judgment
August 11, 2003.
Result:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......tha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....llip;……………………Respondents Judgment August 4, 2003. Result: This Appeal is dismissed. Cases Referred to- Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another, AIR 1965 SC 1923; Chandra Nath Mukher....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ...... damages decreed by the court below for the plaintiffs is against the provision of law. 8. On the other hand, Mr. Golam Arshad, the teamed Advocate appearing for the respondents, submits that in order to get protection against the eviction the defendant must show up‑to‑date payment till the....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003. Result: ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......llip;……Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of de......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
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