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Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....onclusion that the suit was rightly decreed inasmuch as the enquiry by the Screening Committee was not in accordance with law and therefore: "Its finding and recommendations are bad in law and any order of the Authority based on such findings and recommendations is also bad in law and can......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......nd concluded that “it was therefore a statutory enquiry. Being a statutory enquiry the Screening Committee was bound to hold enquiry in accordance with law”. Herein lies the error. In the present proceeding no enquiry was necessary by any Committee since the Governor could "indisputably get hi..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... warrants no such declaration. The plaintiff was clearly a trespasser. When a notice of Nadabi Muktipatra and transfer, served upon him, he did not attorn defendant No.4 as a new landlord nor he paid any rent to the Pourashava either. He simply squatted on the premises. He was evicted forcibly accor......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... and Local authority lands and buildings. The legislature passed such law obviously of necessity. A feeble attempt was made by the respondent's Counsel that plaintiff could have been ejected by Civil proceeding. This very contention begs the point for which the Ordinance XXVI of 1970 was passed. In ..Category: Property Law | Date: | Hits: 99
.... shown that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving any notice to the co-sharers. The pre-emption case was contested by the pre-emptee contending, inter......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......as sold for arrears of rent under the Public Demands Recovery Act. Possession was delivered to the appellant on 11-2-74 and since then he was exercising various acts of possession. In the pre-emption proceeding the pre-emption challenged validity of the amalgamation of different plots of different h..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....ee and he was requested to donate some CI sheets for the use of the mosque. Accordingly the petitioner in two installments illegally gave the CI sheets to the mosque, which has never been affected in any disaster. Further accusation against the petitioner is that the petitioner through his agent acc......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......n under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Nasiruddin Ahmed Pintu, this Rule was issued calling upon the opposite party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 2..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....id) & another……………………….Opposite Parties Judgment February 15, 2011. Result: The rule is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......tion 307 of the Bangladesh Labour Act. It is well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pressure upon the party, and the proceedings liable to be quashed.......(12) Lawyers Involved: Abdur Razaque Khan with Md. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....al. After lunch break at 2 O'clock when the Court was about to dictate the order granting Rule Nisi, the Attorney-General, Mr. AJ Mohammad Ali handed over to the Hon'ble Court a file without giving any copy of it to the learned Advocates of the writ petitioners. After reading the file, the Hon'ble......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......r section 561A of Code of Criminal Procedure being preferred by the accused petitioners namely, Dr. Kamal Hossain and 11 others calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceedings as contained in Shahbagh PS Case No.6(12) 2006 dated 5-12-2006 corresponding to GR No.15..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
.... This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... and suffers from self contradiction from the facts of the case. Section 2 sub-section (24) runs as follows: “(XXIV) ‘Settlement’ means settlement arrived at in the course of conciliation proceeding, and includes an agreement between an employer and his workmen arrived at otherwise than ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....1-1993 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are ......esaid approved excise duty and rates and since he has realised the duty at the rate of 10% as determined by the Collector of Customs and when short levy is admitted by the respondents after a belated stage, the government cannot now come up with a plea that since short levy has been made, the petiti......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....h as it offends Articles 27, 31, 48 of our Constitution.
Mr. Farooqui referring to section 4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over posses....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......rsons or things may be classified into different categories according to those distinctions; this is what is called “permissible criteria” or “intelligible differentia”. The Legislature while proceeding to make law with certain object in view, which is either to remove some evil or to confer..
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
.... B.P.C. against the accused fixing 29.9.80 for appearance. Requisites at once." 8. The High Court Division in a cryptic order discharged the rule by observing that sanction can always be taken "at any stage before the commencement of the trial as such". In that view the rule was discharged. 9........C. against the accused fixing 29.9.80 for appearance. Requisites at once." 8. The High Court Division in a cryptic order discharged the rule by observing that sanction can always be taken "at any stage before the commencement of the trial as such". In that view the rule was discharged. 9. Mr....... Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order of the High Court Division in Criminal Revision No.444 of 1980 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider ..Category: Criminal Law | Date: | Hits: 81
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....…Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involv......he relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to deter......ubsequent to the filing of the suit and then the learned Single Judge observed: "In the facts and circumstances of the case I hold that the Small Cause Court Judge can decide this question in this proceeding and the Small Cause Court Judge is competent to incidentally decide the question of tit..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....ng in Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to......the absolute bar imposed under section 6 of the Act. The learned Counsel further argued that by the impugned order the learned Artha Rin Adalat has not finally decided the counter‑claim but at this stage only found that the defendant is entitled to raise the claim at the hearing of the suit and he...... that since the Artha Rin Adalat is a civil Court under the provision of sub‑section (4) of section 5 of the Artha Rin Adalat Ain, 1990 and the Code of Civil Procedure has been made applicable to a proceeding before the Artha Rin Adalat like the proceeding in the Civil Court having general jurisdi..Category: Civil Law | Date: | Hits: 116
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....g till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposite party from executing any document in respect of the suit property, constructing any building or digging any earth and cha...... admission of the appeal. 11. Since the instant Rule is obtained against the interlocutory order of stay passed by the learned District Judge I need not enter into the merits of the appeal at this stage and suffice it to say that the learned District Judge is vested with the jurisdiction to pass ......der section 151 of the Code of Civil Procedure or it is covered by the provisions of Order 41 rule 5 of the Code. Order 41 rule 5 sub‑rule (i) provides that an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the appellate Court may order, no..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....r the opposite party, submits that the present revisional application is not maintainable in law as there is no provision in the Artha Rin Adalat Ain, 1990 for filing a revisional application against any interlocutory order passed by the Artha Rin Adalat. He further submits that the Artha Rin Adalat......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......d it is a Civil Court for a limited purpose and it is not a Civil Court in the ordinary sense of the term and, as such, all provisions of the Code of Civil Procedure shall not apply in respect of the proceedings of Artha Rin Adalat and only those provisions of the Code which have been made applicabl..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....rt and punish him for it, if found guilty, is the inherent power of a Court of record. The Supreme Court of Bangladesh is such a Court. The power is, no doubt, extra-ordinary. The Judge who commits any one for contempt of Court is both prosecutor and arbiter of the alleged offence. It is, therefor......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... Moazzem Hossain informed the Deputy Registrar about his illness and for time. How such communication can be contemptuous is not understood. Nothing was said about any record nor anything about the proceeding. Simply an information concerning his illness and prayer for time was made. 11. Next..Category: Criminal Law | Date: | Hits: 116
....ions Ordinance, 1969, reinstating an employee of Appellant No.1 whose service was terminated under section 19 (1) of the Employment of Labour (Standing Order) Act, 1965.
2. Appellant No.1 is a Company incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bas......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......ining agent, as the case may be. When such a negotiation fails either party may serve a notice on the other party, 21 days notices, of lock-out or strike as the case may be, and shall have to adapt a proceeding for conciliation. If no settlement is arrived at during this course of conciliation and t..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ider Chowdhury, J.- I regret that I could not subscribe to the views expressed in the judgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consider the question whether there was any criminality in the action of taking advance by way of over-draft by the petitioner from the Jana......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......rtgage of property to the Bank as per rules" and charge-sheet submitted under section 406, 409, 477A and 16(3) of E.P. Rules, 1975. 5. The petitioner moved the High Court Division for quashing the proceeding mainly on the two grounds: that the facts disclosed in the F.I.R. do not constitute any c..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... under the National Sports Council Act, 1974, which is the controlling authority of the respondent No.1. The respondent no. 6 is the Nandan Food and Beverage Industries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK),......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......conveyed notification or orders (Van Caenegem Royal Writs in England from the conquest to Glanviulle: Studies in the early history of Common Law, Seldon Society 1959). 38. From the earliest times, proceedings in the local Courts and the local communities, as well as those instituted before boroug..Category: Property Law | Date: | Hits: 159
....ice accordingly.
8. The petitioner directed a letter to the respondent on 24.03.2008 stating that some amendment has been permeated in to the design of the monument. The respondents did not convey any advice to the petitioner ever since.
9. Having obtained the said permission, the petitioner s......ring the continuation of the construction work, the respondents remained satisfied with the work and two of their staff supplied water for the construction work.
11. When the work was at the final stage, the Member Secretary of the petitioner Foundation received a phone call from the respondents ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
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Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....y argued in favour of the petitioner. On the other hand, Mr. Mahbubey Alam, the learned Attorney General of Bangladesh has appeared on behalf of RAJUK and vigorously argued issued against issuance of any declaration and/or direction as per the terms of the Rule. 5. Mr. Moudud Ahmed submits that t......fore, after such divesting of the said property by the government itself, we are of the view that, no question can be raised from any side as to the character of the said property at any subsequent stage. 11. Now the question is whether after divesting of an abandoned property even if the pro...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
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