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Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....is Court is quite maintainable. 10. Section 7A(1)(b) of the Industrial Relations Ordinance, 1969 relied upon by the Petitioner reads as follows: "7A. Disqualifications for being an officer or a member of a trade union.- (1) Notwithstanding, anything contained in the constitution or the rules o......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..Category: Labour and Industrial Law | Date: | Hits: 115
....l person like the detenu who till recently held the office of the Vice President of the Republic cannot be construed to be a prejudicial act when the Jatiya Party, to which the detenu belongs, or its members had not been debarred from participating in the parliamentary poll scheduled to be held on t......ffairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of West Pakistan (19 DLR (SC) 403), Mir Abdul Baqi Baluch Vs. Government of Pakistan (20 DLR (SC) 294), Gove......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
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Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....lly unfit for fishing due to siltation and establishment of a launch ghat of BIWTA. The petitioner prayed for re-measurement of the fishery and to re-fix the lease amount for the year 1412 BS. A five member Committee headed by the Upazila Fishery Officer, Karimganj was setup at the direction of resp......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 96
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....the plots of Karamza and Sharisha Mouza, as mentioned in the report, within Bera Paurashava. The recommendation by the DC, Pabna was based on an inquiry report compiled upon inquiries made by a three-member committee comprising the Engineer-in-Charge and Surveyor of the Bera Municipality and the Sur......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....of employment was “made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working‑in the capacity of a member of His Majesty's naval, military or air forces; and any reference to a workman who has been i......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
.... Koundia, PS Kowkhali of Pirojpur Sub‑Division of the District of Barisal. His father late Dr. Abdul Karim was a medical practitioner of Kawkhali and a Member of Pirojpur Local Board. He was also a member of the Union Board and Secretary of Kaundia High School for several years. The plaintiff's un......r realisation of compensation for damage to the plaintiff's reputation allegedly caused by the defendant by publication and circulation of a defamatory petition addressed to the then Governor of East Pakistan. 2. The plaintiff's case, in brief, is that the plaintiff was an Advocate of the High Co......oard and Secretary of Kaundia High School for several years. The plaintiff's uncle late Alhaj Mvi. Abdul Aziz was the first graduate of Kawkhali PS. His son Dr. AFM Huq was a Lt. Col. of the Pakistan Army and he is now attached to the Bangladesh Army. The younger brother of the plaintiff namely, Abd..Category: Civil Law | Date: | Hits: 89
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......iner (Certificate of Competency) from the Ministry of Transport, Government of United Kingdom and served with various foreign Shipping Companies and in 1968 he joined National Shipping Corporation of Pakistan as a Captain and thereafter joined Bangladesh Shipping Corporation and served in that post ......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......y, policy Nos. P‑5425 dated 21‑7‑71, P‑5426 dated 15‑7‑71 and P‑5427 dated 15‑7‑71 in the name of the plaintiff company as the mortgagor and the then Industrial Development. Bank of Pakistan, Dhaka as the mortagee for a total sum of Tk. 68,00,000.00 in respect of plaintiffs buildin......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
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Category: Alternative Dispute Resolution | Date: | Hits: 170
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......ken tinder clause (c) of section 190 (1) that is, it is not a cognizance taken on the Magistrate's own knowledge or information. I am supported in this view to the fullest extent by a decision of the Pakistan Supreme Court in the case of Falak Sher and others Vs. State, 19 DLR (SC) 426. But this Cou......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....in having tried to rescue him accused Babul struck a dao blow on Matin. Shahid having tried to resist accused Helal struck him with Ekkaitta. On the cries of the victims several people including Alal member, Shadhon and others began to approach from the neighbourhood when all accused fled away takin......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....ad two issues by the condemned prisoner, the younger one being only 20 days old on the date of occurrence. He also said that he saw one long injury and many other injuries on the head. He could not remember if the eyes of his daughter were closed or opened but stated that tongue was bitten by teeth.......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......of by the learned Advocate for the appellant‑petitioner. In this reported case a proceeding under section 514 of the Code of Criminal Procedure was started against the appellant in a case under the Pakistan Criminal Law Amendment Act, 1948. The appellant preferred an appeal from an order made unde......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... by the plaintiffs of the suits for declaration that the orders passed by the Certificate Officer, Chittagong, the Additional Deputy Commissioner (Rev.) Chittagong and the then Board of Revenue, East Pakistan setting aside the auction sales in pursuance of three certificate cases were void, illegal ....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....er seal and under guard. They also came to know that on 12.12.90 immediately after the ex‑President left the Senabhaban it was put under seal. After entering into the Senabhaban premises, the Board members opened up two scaled rooms and took up some wearing clothes of the former President and memb......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ...... replied under section 342 Cr.P.C. and also on 4.5.91 when the defence submitted two petitions requesting the Tribunal to order for the production of the 30‑06 rifle along with its licence from the Army Museum which is vitally necessary for the defence case the said petition was rejected first tim..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....d by several offenders cannot be ascertained though their moral culpability is clear and identical. This section may be applied also where it is difficult to distinguish between the act of individual members of a party who act in furtherance of their common intention but it is difficult to prove exa......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ...... is an Ex-General Manager (EMD) of the Bangladesh Chemical Industries Corporation (BCIC) created by the President's Order No.27 of 1972. On 27.01.1969 he joined the service of the then erstwhile East Pakistan Industrial Development Corporation (EPIDC), EPIDC was renamed after independents as Bangl......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..Category: Employment/Service Law | Date: | Hits: 90
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......prisoner was sent back to the police custody, his confessional statement is to be treated as not voluntarily made." In this decision reliance was placed in the case of Waris and others Vs. State 1982 Pakistan Criminal Law Journal 720. Therefore, it is also imaginable that when an accused is under th...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....he gross form of canalization of the Court even if it is assumed that he did not impute any improper and corrupt motive in relation to any particular case coming before the Court. 10. It must be remembered that the principle underlying the punishment for scandalus attacks on Judges is that they......True, in the American constitution as well as in our Constitution the 'Freedom of press' has been specifically safeguarded and enshrined whereas, it is totally absent in the Constitutions of India, Pakistan, Sri Lanka, Malaysia but our freedom of press, as observed above is conditioned by reason...... have been deliberately giving wrong decisions on the influence of the Government. Even he stated that the Judges in Chamber had made interim orders as per desire of General Moyeen, then the Chief of Army staff It will be evident from the above offending comments, the respondent No.1 in the name o..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....ef Act. He submits that the appellate Court perfectly justified in finding that plaintiff did not mention the date and year of the mortgage in question of joint family showing the three brothers as a members of joint family property which is inherited from the father of the Korta of the said family.......he suit property and the said Nabaddip Chandra Banik got the Saham of landed property situated at Bazarghat in the District of Agartala, India since the said Nabaddip Chandra Banik left the then East Pakistan and migrated to Bazarghat for ever and never returned back to this part of the Country. The......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
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