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Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....posts are till the completion of the project and the 10(ten) posts were transferred to the revenue set up is no a ground to regularise other employÂees and since the project has expired there was no financial support to pay their wages and thus, the petitioners have no legal obligation to absorb th......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ...... Vs. Mini Begum and others………………………………………Respondents Order November 28, 2010. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. A J Moh......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......spondent No.1, submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of......ailway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cases Referred to- Dominion of India Vs. RB Sohan Lal, AIR 1950 (East Punjab) 40; MA Naser Vs. Chairman PE Railw...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....ars, and shall also be liable to fine: Provided that if, in the case of an offence of hoarding, the person accused of such offence proves that he was hoarding for purposes other than gain, whether financial or otherwise, he shall be punishable with imprisonment for a term which may extend to thre......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......e apÂpellant Siddiqur Rahman in absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along ......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
.... (three) months on the folÂlowing ground, which may be translated into EngÂlish as follows: "It is necessary to detain you for preÂventing you from committing any act to prejudice the economic and financial interest of the State." With the order of detention for the reason best known to the detai......that the phrase embodies the cardinal princiÂples of due process as understood in the AmeriÂcan Constitution. Considered in this sense, an action which is mala fide, colorable exercise of statutory powers, action taken upon extraneous or irrelevant considerations, and action taken upon no ground f......
Secretary, Ministry of Home Affairs, Government of Bangladesh & others...............Opposite Parties
Judgment
August 28, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC) 403; Begum Shorish Kashm......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....ure a copy of the judgment. We direct the trial Courts to intimate to all the convicts who are not defended by a lawyer or the convicts though defended by a lawyer intend to prefer jail appeal due to financial or any other cause, of their right of getting copies of the judgment free of cost in order......erintendent's business to procure and forward a copy applied for and to arrange that this should be done, The District Magistrate who is in overall supervision and control of the jails in exercise of powers under Chapter III, section V of the Jail Code, on the request of the superintendent of jail, ......etitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......ll not in any way entitle the said Court to disregard the spirit of section 526 of the Code. Learned Assistant Attorney General shows from the said Ain that the presiding officer of the Court had the power to grant 3 days' time to the party in such regard to bring stay order from Superior Court, but....... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney General with Shamima Ara Dura, Assistant Attorney General ‑ For the Opposite Party. Cr......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......s, 1973 were framed by the Inspector General of Registration, Bangladesh under section 69 of the Registration Act, 1908; the said section vested the Inspector General of Registration with the general power of superintendence over all registration officers and to make rules consistent with the Act on......For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......lls for Court's scrutiny, but the learned Advocate could not point out in this case where the authority did not apply their mind, rather in the said cited decision it has been held that the employers power to discharge an employee from service cannot be questioned. He also cited the case of Banglade......in............... Petitioner Vs. Mir Kashem Bahumukhi High School and others...............Opposite Parties Judgment March 15, 2004 Result: The Rule is discharged. Cases Referred to- SE Kabir Vs. Spencer & Co, (Pak) Ltd and others, 21 DLR 581; Abdul Majid Vs. Bata Shoe Co......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....a 19,70,98,818 against the running bills, no running bill remained outstanding. The plaintiff was asked to complete the work by 30‑06‑03. Taka 10 crore was allotted for the project in the current financial year but the plaintiff stopped work since October, 2002. Time for completion of work for g......editiously. Similarly, Mr. Khan Saifur Rahman, on behalf of defendant-respondent No. 2, submitted that the plaintiff received Taka 69,45,548 in excess. 17. He submitted that the Court was not empowered to grant a mandatory injunction for payment of money. In support, he cited Water Development......J MR Trading Co……………Appellant Vs. Superintendent Engineer and others……………Respondents Judgment June 29, 2004 Result: The appeal is dismissed. Cases Referred to- Water Development Board Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......Advocates of both the parties it is necessary to quote the relevant provisions of the Hindu Law, namely, sections 181A and 181B. "181. Alienations by widow.‑ A widow or other limited heir has no power to alienate the estate inherited by her from the deceased owner except for the following purpo......rooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the Subordinate Judge,......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... to? 11. The plaintiff in support of his case examined him. The defendants also examined one witness. Papers and documents adduced by plaintiff were marked as exhibit‑1 to exhibit‑10 while one power of attorney dated 6‑10‑86 and another memo dated 10‑3‑79 adduced by the defendants wer.....................................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Hud......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... Sea" (12th Ed) Para 1040. "The shipowner must generally see that the goods are delivered to the person to whom he has contracted to deliver them. That is to say as a rule to the person named as empowered by the bill of lading to make an order or assignment of it." and the case of Stettin (188......ery Industries (Private) Limited…………………Plaintiff Vs. M T Dolores………………Defendants Judgment August 8, 1993. Result: The plaint is returned. Cases Referred to- Stettin (1886‑1900), ASP RMC Vol. 6, 395; Sze Hai Tong Bank Ltd Vs. Rambler Cycle Co. Limit......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......lul Haque Muslim Hall (3) The Dacca Hall (4) The Jagannath Hall (5) The Iqbal Hall and (6) The Women's Hall. Soon after the liberation of Bangladesh the Syndicate of the University in exercise of its power under section 31(2) of the said Ordinance, 1961 amended clause 8(2) of the First Statutes by t......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruqu......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... unless the word debtor is defined then its ordinary dictionary meaning should be taken and the ordinary meaning of the word debtor is a person who owes money to another. Section 10 has not given the power to the Court to adjudicate any other person other than debtor as bankrupt. The word guarantor ......he Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......' as given in section 2 of the Imports and Exports (Control) Act, 1950 submits that since before the submission of the bill of entry the government put an embargo by a notification in exercise of the power given to it by the said Act prohibiting the import of the goods in question for commercial pur...... Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Nur Kader (Md.)..............................Petitioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 pas......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......of action for the plaintiff and such it cannot be said that the plaintiff had got locus standi to file the suit to challenge the decree impugned in the suit. 10. Order 7 rule 11 CPC deals with the power of the Court to reject the plaint on specified grounds. The rejection of the plaint means taki......…Petitioner Vs. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......ner after placing the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power to pass ad-interim order of stay or injunction and, as such, the impugned order is wholly ille...... Vs. Secretary-in-charge, Eastern Co-operative Jute Society Limited and others………………Respondents Judgment June 25, 1997. Result: The Rule is made absolute. Case Referred to- Anand Prakash Vs. Registrar, Co-operative Societies, AIR 1968, Allahabad page 22. Lawyers ......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......in determining the dispute, where it has also been held that those recounting of ballot papers by the Tribunal though not specifically provided in the Election Rules, yet it falls within the inherent powers of the Tribunal, for, it is to decide the election dispute. The secrecy of ballot papers shou......li……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......risdiction and in that case in spite of the bar in section 44 of the Ordinance, the civil Court shall have jurisdiction to examine the propriety of the impugned order or the action in exercise of the power vested in it under section 9 of the Code of Civil Procedure. In the instant case his main grie......) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
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