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Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)

....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......oners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking lease of those shops. Respondents, Dhaka City Corporation, the Mayo......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..

Category: Civil Law | Date: | Hits: 117

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. State, 29 DLR 122; Siraj Miah vs. Bangladesh, 32 DLR (AD) 35; Nokes Vs. Doncaster Amalgamated Collieries Ltd., (1940) AC 1014 (at P 10......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)

....lso Reported in: 35 DLR (AD) (1983) 359. ......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. ......dgment and order of the High Court Division passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compul­sory retirement of the plaintiff vide Notifica­tion No.14......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. ..

Category: Employment/Service Law | Date: | Hits: 196

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....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. ......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. ......ich arises out of a pre-emption pro­ceeding under section 24 of the Non-Agricul­tural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emp­tion of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by ......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. ..

Category: Property Law | Date: | Hits: 128

Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)

....ot find that there was any order of the Labour Court which has not been com­plied with by the petitioners and accordingly can be said committed an offence as stated above under section 307 of the Bangladesh Labour Act. It is well settled by this time that this is not wise to bring the civil......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. ......ts first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceed­ing and can punish unde......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. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

....ult: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocate......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. ......ending in the Court of Chief Metropo­litan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ......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. ..

Category: Criminal Law | Date: | Hits: 132

Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)

.... 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. ......the scale of Taka 400-25-525 EB-30-825 in the New National Scale of Pay (MNSP) of 1997 would be allowed pay in the Scale of Taka 470-35-645 NB-45-915-55-1135 with effect from 1-4-84 in place of their former pay scale. From 1-6-85 Modified National Scale of Pay (MNSP) of 1985 was introduced. The corr......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. ..

Category: Labour and Industrial Law | Date: | Hits: 281

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

.... of this Rule are that the petitioner Company has been carrying on business as manufacturer of Super Enamelled Copper Wire and Hard Drawn Bare Copper Wire and selling the same to various customers in Bangladesh. The petitioner’s Company was required to sell its aforesaid products after having the ......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.......ure-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 that the petitioner Company has been carrying on business as manufactu......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

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J MA Bari……………………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment Jan......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390....... declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh Water ......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Mahfuzur Rahman J MM Ruhul Amin J Karamat Ali and others…………………Petitioners. Vs. Government of People’s Republic of Bangladesh and others…………………Respondents Judgment December 9, 1997. Result: ....... 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. ...... 79 of 1997 and 1472 of 1996. Judgment Mahfuzur Rahman J.- All the writ petitions namely, Writ Petition Nos. 781/94, 1377/95, 1855/96, 4893/96, 79 of 1997 and 1472 of 1996 are taken up together for disposal since in all the cases vires of the Ordinance No.54/85 has been challenged. 2. In al....... 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. ..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment Octo...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the disposal of the Ministry of Foreign Affairs for appointment as Ambassador after assassination of President Ziaur Rahman. The petitioner although...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..

Category: Employment/Service Law | Date: | Hits: 244

Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

....an @ Motiur Rahman...................Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......uered career. On 28.6.71 one Kazi Habibur Rahman and four of his children were killed by gun shot injuries and their house was burnt to ashes. On the same date Kazi Harunur Rashid lodged a First Information Report at Rajapur police station but no names of any accused were mentioned therein. On 12......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...

Category: Criminal Law | Date: | Hits: 82

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......5). Judgment Fazle Munim CJ.- This appeal arises from First Appeal (Probate) No.20 of 1975. Plaintiff respondent filed Civil Suit No.1 of 1972 in the Court of the District Judge, Chittagong for granting him Letters of Administration in respect of the estate of Pitambar Karmakar with a copy...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..

Category: Property Law | Date: | Hits: 80

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....ents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) 438. Lawy......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......and reminders made by the petitioner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and First Artha Rin Adalat, Chittagong for realisation of the aforesaid dues from the respondents. The respondents filed a written statemen......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..

Category: Civil Law | Date: | Hits: 116

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....iction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of ......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......y and also fixing Taka. 7 lacs as rate of each value of each year. By SRO No. 192 dated 1.7.88 fixing the capacity filing value to be 2 cores 50 lacs bottle and the rate was fixed at 80%, 64% and 48% for the Dhaka, Chittagong, Rajshahi and Khulna Divisions respectively per year and earlier SRO No. 1......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...

Category: Fiscal/Taxation Law | Date: | Hits: 199

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

....' being a novelty, should not have been granted. Moreover, the registration of the design of the petitioner predates the registration of the respondent's design and, as such, was already published in Bangladesh. 5. The respondent's case, as set out in his counter affidavit, is that the respondent......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ation is allowed. Cases Referred to- Simmons Vs. Mathieson and Co. Ltd., (1911) 28 RPC 486; Phillips Vs. Harbra Rubber Company, (1920) 37 RPC 233; Infield Ltd Vs. Rosen, (1939) 36 RPC 163; Stratford Auto Components Vs. Britax London Ltd., 1964 RPC 183; Western Engineering Co. Vs. Paul Engineer......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...

Category: Intellectual Property Law | Date: | Hits: 192

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....uite adequate to understand the issues involved. 3. To commit someone for contempt of Court 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 ......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.......e aspects of the entire episode requi­ring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of re......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...

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, La­bour Court, Chittagong & another, 1977, 6 CLC (AD)

....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 Bashar was an employee un......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. ......ny incorpo­rated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bashar was an employee under Appellant No.1 and was also General Secretary of Respondent No. 4, a Union formed of the employees of Ap­pellant No.1 and registered as such under the Industrial Relations Or......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. ..

Category: Labour and Industrial Law | Date: | Hits: 167

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....in the meantime he disbursed a sum of Tk. 2 lakh to the accused No.2 (by way of illegal temporary over-draft) "in gross violation of the Bank's Rules and against the credit restriction imposed by the Bangladesh Bank". It was mentioned that the accused Manager did not take any approval, from the Head......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.......accused No.1. There is a note of inter­rogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and finan......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...

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....vision Special Original Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respon...... crisp, businesslike manner, by which the king 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 communi...... Vs. VR Rudani, AIR 1989 (SC) 1607; Manjurul Huq Vs. Bangladesh and others, 44 DLR 239; Zakir Hossain Vs. Bangladesh, 55 DLR 130; Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal ......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:..

Category: Property Law | Date: | Hits: 159