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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....country or by syndication of foreign exchange loan, ii) Purchase and sale of shares, stocks, debentures, etc. iii) Underwriting stocks, shares, etc., iv) Undertaking technical, economic and financial feasibility studies of the projects on behalf of its clients. v) Providing managerial, ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......abibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. T......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......nised subsequently. This, clearly spelt out in the law and the Rules made thereunder and in proforma Form A of the Rules. 9. We in mandamus can only interpret a law so to examine the extent of the power of an executive and its misuse if any but shall not in the process read into a law something w......Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involv......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ...... was passed was not made and for that matter was not registered as an application under section 439A Cr.P.C. and the said order having not been passed by the learned Sessions Judge in exercise of his power vested under section 439A, the present application does not fall in the category of second rev......abibur Rahman Khan J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......e is not extended to the employee to the Rural Electrification Board. It is further in the affidavit that the Registrar of the Trade Union is a functionary appointed under section 12 of the IRO and empowered to accord registration to trade union under the said Ordinance but as the amended law by inc......ce LI of 1977 incorporated by Ordinance XV of 1987. 2. The petitioners in this case are 12 in number. They are workers and workmen under the Bangladesh Rural Electrification Board which is a statutory body constituted under Ordinance number LI of 1977. It is the case of the petitioners that this......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ngineering Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Di......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......ire further consideration. 4. Now let me proceed to see whether in the facts of the present case there occurs any injustice caused to the plaintiff. Section 25 of the SCC Act does not restrict the power of the High Court Division as a Court of revisional jurisdiction to consider the present order......te Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant filed an application for adjournment but the Court rejected the petition.......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ..Category: Procedural Law | Date: | Hits: 104
....erting the order of dismissal into an order of termination with effect from the date of judgment instead of from the date of dismissal on 22.3.83 was without reason assigned therefor and thereby huge financial liability was thrust on the petitioner, is incorrect.
7. Mr. Md. Khalilur Rahman, the l......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
...... 411 of 1985.
Judgment
Nurul Hoque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Com......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
..
Category: Labour and Industrial Law | Date: | Hits: 133
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......sion of the Code they filed the same. The learned Subordinate Judge proceeded to hear the said objection in spite of repeal of section 47 of the Code as if in spite of such repeal he had the inherent power to do so and had the impertinence to set aside the order of this Court passed in the said appe...... Tripura Modern Bank Ltd.................................Petitioner Vs. Sunil Kumar Rajgharia and others...................Opposite‑Parties. Judgment August 7, 1990. Cases Referred to- Bishnu Bijoy Vs .Chandra Bijoy, AIR 1955 Cal 281; Hakeem Syed Mohammad Taqui Vs. Fatch Bahad......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......the instant case, certain fact and dates are relevant and they are that after the fall of the previous regime headed by the ex‑President HM Ershad in which the present petitioner was a Minister and powerful one, the Government issued a detention order in the instant case on 29.12.90 under section ......y J Habibur Rahman Khan J Anwar Hossain Monju....................Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 1......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
....l award which was published in the Bangladesh Gazette, dated 9.3.91 by the Government with some modifications which is the impugned award in this case. The said award was made without considering the financial capacity of the papers and other circumstances as required under section 10 of the said Ac......he Official Gazette after modification by the Government which is binding on all concerned.
5. Khondker Mahbubuddin Ahmed, learned Advocate appearing for the petitioner, submitted that section 9 empowers the Government to appoint one Wage Board and so the constitution of the second, third and fou......f Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-
Tariq Transport Company Vs. The Sargodha Bhera Bus Service, PLD 1958 (SC) (Pak) 477 = 11 DLR......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ...... been given a further remedy under section 10A of the Administrative Tribunal Act, 1980 which runs as follows: “10A. Contempt of Tribunal.‑ (1) The Administrative Appellate Tribunal shall have power to punish for contempt of its authority or that of any Administrative Tribunal, as if it were ........................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......ngoing investigation stage, and consequently quash the proceedings under Article 102 of the Constitution. II. Whether the High Court Division in its writ jurisdiction ought to have exercised its power of superintendence and control over all subordinate courts under Article 109 of the Constitu......dents (In Civil Petition Nos.1246 and 1712 of 2010) Order November 11, 2010. Case Referred To- State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604. Lawyers Involved: Registrar, Joint Stock Companies and Firms and others-Respondents (In Civil Petition No.1153 of 2010.) M. Amirul Is....... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......naged in accordance with the Companies Act and since she had been removed from the office of Directorship, in contravention of section 106 of the Companies Act, the Registrar has been armed with full power to enquire into the matter. Mrs. Tania Amir, learned Counsel appearing for the caveator, on th......r the Petitioner. Mrs. Tania Amir, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the High Court ......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...Category: Company Law | Date: | Hits: 175
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......cord while making the Rule absolute observed that admittedly, the case land belonging to the petitioners was acquisitioned vide L.A. Case No. 15 of 1999-2000 for the purpose of setting up a 132/11 KV power sub-Station by the writ respondent No.2, DESA. It was also admitted that after initiation of t......ngladesh and others................Appellants Vs. Bokul Mia and others.......................................Respondents Judgment August 18, 2009. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Zainul Abedin, Advocate-on-Record-For the Appellants. A. J. Mohamma......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 80
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....pension cases of BTTB personnel. (c) Clause 6 provides, amongst others, that respondent No.6 shall pay and transfer fund from its own accounts to the Government to pay salaries and all other financial benefits payable by the Government to BTTB personnel who may be absorbed in supernumerary ......sional Engineer and Assistant Engineer and Assistant Divisional Engineer in respondent No.5 (“BTTB”). 3. The Services (Reorganization and Conditions), Act, 1975(“1975 Act), amongst others, empowered the Government to reorganize the service of the Republic or of any public body or nationalis......resent: Md. Mamtaz Uddin Ahmed J Naima Haider J Giasuddin Ahmed and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanu......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
....or 1‑½ hours rest as provided under section 10 of the Act cannot be availed of.
5. The Labour Court on contest although held that under Explanation 2(xxviii) the respondents are entitled to all financial benefits admissible to a worker or workman of similar grade of category never the less it ...... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......te ‑ For the Respondents.
Writ Petition No.345 of 1985 (Dhaka) and Writ Petition No.23 of 1989 (Rangpur).
Judgment
AM Mahmudur Rahman J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per A...... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167...
Category: Labour and Industrial Law | Date: | Hits: 112
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......bmissions of the learned Advocates the relevant provisions of rules 14 and 18 may be quoted below and considered together- Rule 14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presen...... allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two monthly tenants; that h......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......of the Act cannot be allowed and, if allowed cannot be given retrospective effect. 19. In support of the contention that when by a statute an authority is vested in another Tribunal With exclusive power over any subject matter, a Civil Court ceases to have any jurisdiction to try such suit having......ahman Khan J Mansur Ali (Md.) ................................Petitioner Vs. Janata Bank and others.......................Opposite Parties. Judgment August 23, 1990. Cases Referred to- AIR 1975 (Karnatak) 200, 10 DLR, 633, 21 PLD (Karachi) (1969)349; 22 DLR (SC) 389; 39 DLR, 3...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
.... to prejudice the maintenance of supplies and services essential to the community;
(vii) to cause fear or alarm to the public or to any section of the public;
(vii) to prejudice the economic or financial interest of the state;”
Here we are concerned with a part of section 2 (f)(iii) which......e post of Vice‑President; that on analysis of the background of the detenu it shows that the detenu assumed different colours at different times with the change of political situation for acquiring power and in doing so he was widely reputed as a corrupt man which has created a strong political ag......hmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs 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 W......, 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.
..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......at in consequence of a decree, passed in this suit, the parties may be involved in further litigation on the question as to whether the Mutawalli did lawfully transfer the property. The discretionary power of the Court to refuse specific performance of contract should be exercised in our opinion in ...... Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 1915 Mad 305, PLD 1947 PC 407; 521 C 971 AIR 1926; Mad 579, AIR 1961 Raj 196; AIR 1943 M......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
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