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Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......s no Rule of the Agrani Bank for conducting departmental proceeding prior to 12.9.81 on which date, Agrani Bank Employees Service Regulations was passed. The above Rule was made in pursuance of the power conferred under Article 29 of President's Order 26 of 1972. It is admitted that the Ext. K a......anul Hoque................................Petitioner Vs. General Manager, Agrani Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involv......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... of the final report submitted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in accordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for revi................................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Begum Vs. The State, 27 DLR (AD) 29; Jo......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ...... as per Government decision. The said decision was taken by the Government for the greater cause of the nation and to ensure gas supply to the vital industrial units like fertilizer factories and power stations; gas supply was prohibited for the manufacture of common bricks. The petitioner h......nd Distribution Co. Limited, a Public Limited Liability Company & another……………….Respondents Judgment February 20, 1989. Result: The Rule is discharged. Cases Referred to- Radhakrishan Agarwal and others Vs. State of Bihar and others AIR, 1977(SC) 1946; Divisional ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......o the District Judge to entertain appeal arising out of election petition. Section 29 is the relevant law in this regard. Sub-sections (1) and (2) of section 29 relates to Election Tribunal and its power. Sub-section (3) speaks that the decision of the Election Tribunal on a petition is a final.......��……………............Petitioner Vs. Sirajul Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made absolute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved: Salimul Hoque Khan Mil......�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..

Category: Election Law | Date: | Hits: 194

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......the Second Commercial Court of Subordinate Judge, Chittagong. On transfer the petitioner filed an application to the District Judge to bring the appeal back to his file on the ground that he had no power to transfer an appeal from the decision of the Election Tribunal and it was illegal on his par......r………………………….Petitioner Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State ......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....cost out of time. The order impugned before me was made for securing the ends of justice as the same was directed to avoid multiplicity of proceeding, prolongation of the proceeding and unnecessary financial hazard and to advance cause of justice. In this context I may refer to the decision in the......ismissal of the Misc. Case which was dismissed not for non-appearance of the plaintiff when the case was taken up for hearing but for not depositing the cost within the time allowed by the Court. The power under section 151 of the Code is not a new one, it is inherent in it by virtue of its duty to .............................Petitioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers In......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......ided for under sections 87 and 88 of the Code of Criminal Procedure. Thus, even when an accused having absconded and is to be tried and convicted in his absence the court could apply its coercive power for compelling him to attend even by selling his moveable and immovable properties after prope....................................Petitioner Vs. The State....................................Respondent Judgment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul Islam Chowdh......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..

Category: Procedural Law | Date: | Hits: 122

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......n is whether Labour Court can dismiss a case for default for non‑appearance of the complainant and thereafter vacate such order to decide the matter after hearing the parties. In the absence of any power under the provisions of Order 9 of the Code of Civil Procedure contention of the learned Advoc.........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The Rule is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukd......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......heir application to the Mayor on 19‑2-2003. It is further stated that a meeting of the Standing Committee on 'Tax and Licence' was held on 28‑1‑2003 (Annexure F) where a resolution was taken, empowering the Commissioners to issue licences for rickshaws but the said resolution was also taken di......others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. ......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......support of his contention he referred the case of Nirode Chandra Banerjee Vs. Profullla Chandra Banerjee and others, reported in 40 CJL 535 wherein it has been held: “The Court has very wide powers under the Code of Civil Procedure with respect to addition, or transfer of parties. This disc......��………Petitioners Vs. Rahima Khatun and others………….Opposite Parties Judgment November 12, 1998. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Nirode Chandra Banerjee Vs. Profulla Chandra Banerjee and o......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)

.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......t the judgment and order of conviction and sentence passed by the trial Court against them. So, that was an appeal under section 408 of the Code. Now, the question is, whether an appellate Court is empowered to enhance sentence in an appeal preferred by a convict under section 408 of the Code. 5....... No. 222(C)/85 but at the same time enhancing the sentence of the appellants. 2. It appears that the petitioners were convicted under section 379 of the Penal Code by the trial Court and sentenced to pay fine of Taka 3,000.00 each in default to suffer Rigorous Imprisonment for three months each. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..

Category: Criminal Law | Date: | Hits: 96

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......and minor punishment. For misconduct the said Rules provide for major punishment. For misconduct an employee of the Government may be dismissed or removed from the service. Section 4 of the Act gives power to the Government to make rules. The Government Servants (Efficiency and Discipline) Rules wer......8 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui and Saleemullah, Advocates‑ For the Petitioner (In Civil Revision No. 678 of 1987). Sayed JR Mudassir Hossain, Deputy Attorney General ‑ For the Opposite Party (In Civil Revision No. 678 of 1987). Mustafa Niaz Muham...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......ongly, because admittedly the suit property was taken over under Acting President's Order No.IM-35/71-13 dated 26.12.71 published in the Bangladesh Gazette on 3.1.72 and the said order gave a blanket power to the Government to take over the management of commercial and industrial concerns whose owne......ng dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....his position continued until Hedley Byrne was decided by the House of Lords (1964) AC 465. In 1963, a unanimous House of Lords held that in principle there was no difference between physical loss and financial loss and that a duty to take care in making statements existed whenever there was a specia...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......lso Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... evidence is director allowed to be taken, the appellate Court shall specify the points to which the evidence is to be confined, and record on its proceedings the points so specified." 11. This power to take additional evidence has also been provided in section 107(1(d) of the Code of Civil Pr...... Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule is discharged. Cases Referred to- AIR 1959 Bom. 300; AIR 1938 Mad. 372; AIR 1946 Mad. 168; AIR 1931 PC 143; 7 DLR PC page 1,......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......he Chief Election Commissioner, reported in AIR 1978 (SC) 851, the case of Akbar Ali Vs. Raziur Rahman, reported in 18 DLR (SC) 426. He submitted that the Election Commission has been vested with the power to organize, hold and conduct the election of Chairman in accordance with the law and rules an......Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: The the Rule is discharged. Cases Referred to- AC Joshep Vs. Seevan Pillai, AIR 1984 (SC) 925; Mohindar Singh Gill and another Vs. The Ch...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ..

Category: Election Law | Date: | Hits: 177

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ted by them under the Constitution and accordingly the Vice President Moudud Ahmed resigned and the caretaker Government was appointed by the detenu and he resigned himself on 6.12.90 and handed over power to the present Caretaker 'Government for conducting parliamentary election under the Constitut......public of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Result: The Rule is discharged. Cases Referred to- Mohd. Subrati Vs. State of WB, 1973 SC 207 (211); Jon Martin Vs. State, AIR 1975 (SC) 775K......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......iah by order No.24 dated 17.9.89 set aside the order acquitting the accused petitioner and fixed the case for fresh trial. 5. A judicial officer of the rank of a Court Subordinate Judge exercising power of Sessions acted in such a negligent manner that speaks volumes about his efficiency. As a ju.....................Opposite Party Judgment November 29, 1995. Result: The Rule is made absolute. Lawyers Involved: None Appears – For the Petitioner. Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......��, The question of the form in which the order should be made by the Courts is not one of the substance and is not, in any case, of any particular importance, in the instant case, as the Courts have power by their own authority, to dissolve a marriage on the grounds stated in Section 2 of the Disso...... August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Babo...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....tedly under section 3(2) of the Special Powers Act, 1974 for allegedly preventing him from endangering public safety, for maintenance of law and order and from causing prejudice to the economic and financial interest of the State. The grounds of detention were served on him on 25.11.88 under secti......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......ch) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Tahera Nargis Syed……………………………Petitioner Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail…………………………Contemner Judgment May......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ..

Category: Criminal Law | Date: | Hits: 124

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