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Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

....nt of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Sikder Vs. Bangladesh Bank and others, 31 DLR (AD) 298; State Vs. Abdul Awal, 35 DLR 151; Md. Shahabuddin Vs. J...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......e absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Si...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..

Category: Labour and Industrial Law | Date: | Hits: 137

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

....ion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Abdul Haque Sikder……………………Petitioner Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others…………………Respondents ......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ......……………Respondents Judgment June 13, 1996. Result: The Rule is discharged. Writ petition at the instance of a worker is not maintainable as he has equally efficacious remedy before the Labour Court..................(7) Lawyers Involved: Abdul Quiyum with SM Razaul Karim......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....with the terms and conditions of the loan, before the Bank Board of Directors. The Board would then either approve or disapprove the same, in the form of a resolution, as per prudential guideline and Bangladesh Bank directions, Bank companies Act etc. In some cases bank holds survey and also obtains......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sultana Jute Mills Ltd and another...............................Petitioners Vs. Bangladesh Bank and others.............................Respondents Judgment April 5, 2007. ......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......s discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners.  Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the respondentNo.1  Zaforullah Chowdhury, Advocate - For the respondent No.3.  Writ Petition No.1763 of 1999. J......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......s of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiff......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146

Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)

....t he did not see the alleged Phensidyle. To sustain a conviction for the offence of smuggling it has to be fully established that the seized goods are contraband goods and were illegally brought into Bangladesh without payment of the customs and other taxes. In the present case the contents of the b......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......beyond reasonable doubt by adducing independent witnesses, the accused persons are entitled to get acquittal. Even if there are elements of truth in the prosecution case that itself is not sufficient for conviction without being proved by the prosecution by legal and reliable evidence and the prosec......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 95

Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Hafizur Rahman and others………………......Petitioners Vs. Government of Bangladesh and others….......Respondents Judgment October 15, 2012. Result: The Rule i......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......ation was duly made following the rules and procedure and inviting prior suggestion and objections by the Deputy Commissioner, Brahmanbaria. Subsequently the Government, after observance of all legal formalities declared Nabinagar Municipality to have been established comprising the said area by a n......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Shahidul Haque and others……………..........Petitioners Vs. Bangladesh and others……………………………..Respondents Md. Hafizur Rahman and anothe......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......tion No. 9390 of 2010). Writ Petition No.9390 of 2010. with Writ Petition No.9394 of 2010. Judgment Md. Ruhul Quddus J. - Since there is an order in Writ Petition No.9394 of 2010 for its hearing analogously with Writ Petition No.9390 of 2010 and the issues involved in both the w......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 114

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Fazlul Haque and others…………..............Petitioners Vs. Government of Bangladesh and others………..Respondents Judgment July 25, 2012. Result: The Rule is ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... acres at Mouza Ibrahimpur, Dhaka Cantonment, Dhaka which was acquired by the Government in L.A. Case No.159/61-62. The said Abeda Khatun being an affected person filed an application in 2 prescribed form to the Assistant Commissioner of Housing and Settlement (now National Housing Authority) on 16.......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 82

Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)

....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ns Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further ri......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..

Category: Criminal Law | Date: | Hits: 69

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......g agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. 2. Facts leading to this Rule, in brief, ar......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....ts and Cultural Trust Board, General Secretary of Victoria Sports Club, Councillor of District Sports Association, Vice-President of District Football Committee, Sylhet. He is also a former Member of Bangladesh Football Federation and National Sports Council, Dhaka. He filed an application on 3.12.2......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......2012 issued byNational Sports Council (annex-D) nominating seven members in the general body of Divisional Sports Association, Sylhet and the order dated 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised b......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 94

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

.... martyr freedom fighter named Tajul Islam who sacrificed his life in 1971 during the war of liberation in a front battle against the occupation army at Chhagalnaiya EPR Camp, Feni. 3. Respondent 2 Bangladesh Muktijodda Kalyan Trust (hereinafter called the Trust) is the successor of Bangladesh Fre......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... J. K. Paul, Advocate-For respondent Nos.2-4. Writ Petition No.8354 of 2010. Judgment Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 103

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....rein) filed Title Suit No.11 of 1993 in the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,00......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..

Category: Property Law | Date: | Hits: 103

Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......স্থাসবি/ইপ/অভন-০৩/২০৭/৩২৯ dated 23.04.2009 passed by the respondent No.1 and issued under the signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..

Category: Administrative Law | Date: | Hits: 261

Advocate SM Zafor Sadik Vs. Md. Kamruzzaman and another, 2009, 38 CLC (HCD)

....itioner Vs. Md. Kamruzzaman and another …………….Respondents Judgment July 2, 2009. Result: The petition for contempt is disposed of. Case Referred to- Dr. MA Salam Vs. Bangladesh, Writ Petition No. 2577 of 2009. Lawyers Involved: Abdul Baset Majumder with Manzil...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ......e is also Reported in: 61 DLR (HCD) (2009) 737. ...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ..

Category: Civil Law | Date: | Hits: 112

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

....r 1, 1993. Result: The appeal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, A......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more.......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..

Category: Criminal Law | Date: | Hits: 110

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

....ement Ltd. Vs. Abdul Hussin Essaji (3); Nanjibhai Jethabhai Vs. Popatlal Shriraj and others (4); Shib Deo Misra and others Vs. Ram Prasad and others (5); Eastern Steamship Enterprise Private Ltd. Vs. Bangladesh Agricultural Research Institute, 35 DLR 414; Princies Royal Lr. (1870) 3 ACE 41; National...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was reported that a Bangladeshi-born Briton was assaulted by security men at Zia International Airport. This Court issue......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......n­dent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Mizan to show cause as to why they shall not be directed to explain the action of the five afore­mentioned security officials, namely Saiful, Delwar, Mujib, Anwar and Mizan (subsequently corr......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..

Category: Others | Date: | Hits: 87

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

....during S.A. settlement operation, the land was recorded in abstract khatian of the Government for which the title of the plaintiff was clouded. Hence the suit. 4. The defendant No.1 (Government of Bangladesh) and added defendant No.2 contested the suit by filing separate written statement denying....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......rt facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedul....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..

Category: Property Law | Date: | Hits: 76