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Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
.... Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that he issued 7 (seven) 'account payee' crossed cheques amounting to Tk. 6,97,00,000.00 namely: 1) Cheque No.01569585 dated 30.4.2006 for Tk. 1,00,00,000.00 2) Cheque No.01569591 dated 15.5.2006 for Tk. 1,00,00,000.......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..Category: Criminal Law | Date: | Hits: 138
....ate ‑ For Respondent No.2.
Writ Petition No.579 of 1995.
Judgment
KM Hasan J.- The Rule was issued calling upon the respondent Nos.1 and 2 to show cause why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 ......of a probationer could be terminated on the ground of unsatisfactory work and such termination of service will not amount to dismissal or removal. In this connection termination of he has referred to decisions held in 31 DLR (AD) 298, 14 DLR (SC) 17 and 48 DLR 472 wherein it has been held that an em..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
.... case of Ayesha Sultana Vs. Md. Shajahan Ali reported in 38 DLR 140 it appears that the government in exercise of the power conferred by Article 6 of President's Order No.7 of 1972, by a notification dated 8‑11‑72, appointed the administrators of Union Panchayet Committee to perform all the func......thin their respective areas. It is clear that this notification dated 18‑11‑72 was not placed before the Court at the time of deciding the case reported in BLD 1981 165. It appears to me that the decision reported in the above two cases have no manner of application in this case. Here, there is ..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....was taken on behalf of the petitioner for extension of the period of bail from time to time, albeit the period of stay was ultimately extended till disposal of the Rule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive f......d Md. Ramzan Ali Sikder, learned Advocate for the petitioner and Md. Khurshid Alam Khan, learned Advocate for the opposite-party No.2 in extenso. 4. In this context, a reference may be made to the decision in the case of Anti-Corruption Commission Vs. Mahmud Hossain reported in 61 DLR (AD) 17. In..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....bsp; Khandker Gulsar Hossain, Advocate- For the Opposite Parties. Civil Revision No.2216 of 2003. Judgment AFM Abdur Rahman J. - This Rule dated 28.5.2003 issued at the instance of the plaintiff-respondent-petitioner is directed against ......rue perspective, came to the finding that the trial court committed error in deciding the relevant point that the plaintiff has proved the binapatra. Therefore, the question of applicability of the decision made by their lordship in the case reported in 2006 BCR (AD) 164 does not arise at all. ..Category: Property Law | Date: | Hits: 119
....iz J.- The petitioners, namely The Editor and the Chief Accountant Bangladesh Observer, Dhaka, obtained this Rule calling upon the respondents to show cause as to why the impugned judgment and order dated 6‑10‑93 passed by the Labour Appellate Tribunal, Dhaka in Appeal No.3 of 1993 dismissing t......uch shop, commercial establishment or industrial establishment; …………………”
13. Annexure F to the writ petition is the part of the gazette notification dated 9‑3‑91 containing the decision/award of the 4th Wage Board constituted by the Government for Newspaper Employees under the..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....rty. Civil Revision No.1848 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.3.2010 passed by the learned District Judge, Dhaka, in Miscellaneous Appeal No.312 of 2009 d......ire materials on record and the judgments of the Courts below as well as the submissions of the learned Advocates it appears to us that the instant Rule is rested upon the following questions for decision:- a) Whether the Miscellaneous Case No.17 of 2009 brought under Order 21 Rule 58 and the..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nvolved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugned the Memo No.3726/7 dated 17.5.2009 (Annexure-B) issued by the District Registrar, Dhaka withdrawing his earlier order d......harge can be given for the second time. He further contends that the aforesaid Memo has the force of law as defined in Article 152 of the Constitution. He in support of his contention referred to the decisions in the case of Dhaka Vegetable Oil Industries Ltd. Vs. Commissioner of Taxes reported in 4..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....an application under section 561A the Code of Criminal Procedure 1898, this rule was issued calling upon the opposite-parties to show cause as to why the proceedings of Complain. Case No.7404 of 2008 dated 15-12-2008 under Section 406 and 420 of the Penal Code, now pending in the Court of Chief Metr......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....dgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitioner which was passed by the learned Ses...... applying his mind to the material facts and examining the evidence on record carefully. It is not open to a Court to base finding on the assumption. The learned Sessions Judge, Rangpur had based its decision on assumption without going through the facts of the case. On perusal of the record it is a..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....titution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to why invitation for re-tender No. Babe/Karika/bmre/ SKW FM Transmitter/2007-161 dated. 15-4-2008 published in "The Daily Star" on 17-4-2008 (Annexure-B) and Memo No.Babe/Karika/bmr....../bmre/ SKW FM Transmitter/2007-161 dated. 15-4-2008 published in "The Daily Star" on 17-4-2008 (Annexure-B) and Memo No.Babe/Karika/bmre/ SKW FM Transmitter/2007-166 dated 16-4-2008 communicating the decision of re-tender to the petitioner (Annexure-B) both issued by Respondent No.2 shall not be dec..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....hman Talukder, Inspector of Customs stated that on 10‑9‑91 he was at Zia International Airport, Customs Surveillance Team. He is the informant and reiterated the FIR story. He stated that on that date at about 1‑30 A.M. at night Bangladesh Biman Flight No.BG 081 arrived at Zia International Ai...... of strong independent evidence it is totally useless." 24. He next refers to the case of Abdus Shukur Vs. State reported in 16 DLR 148 wherein a Division Bench of this Court relying upon the decision of 12 DLR (SC) 156 held, "a retracted confession is prima facie a confession which, as to i..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... For Opposite Party Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against Judgment and decree dated 12‑5‑1990 passed by the Subordinate Judge, Chittagong on Other Appeal No.207/1978‑78/78 ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
...., Md. Ali Hospital Bogra at the hospital on finding the OC of Bogra P.S. there who came to the place of occurrence hospital on getting telephonic information. Bogra Sadar police started PS Case No.16 dated 25‑4‑90. Inquest was held on two dead bodies by SI of Police Md. Sirajul Islam who then se......e his father's name or address. Since the confessional statement of condemned prisoner Kamal Ahmed @ Kamal was recorded by a Magistrate after 12 days of his remaining in police custody and there is a decision to the effect that long detention in police remand making a confession thereafter the confe..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
.... Badrul Islam Choudhury J.- Rule was issued on petition under section 439 read with section 435 Cr.P.C. upon the Deputy Commissioner, Dhaka representing the State, to show cause as to why the order dated 7‑4‑97 passed by the Sessions Judge, Dhaka in Sessions Case No.319 of 1997 framing charge ......inst him when, as a matter of fact, the materials on record do not sufficiently provide any ground that the accused is involvedas an abettor in the offence as alleged."For proper appreciation of this decision of the Appellate Division we would like to narrate briefly, the facts of that case. On 9‑..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....e the school where they saw her son in an unconscious state and from where her son deceased Delowar was taken to Sader Hospital where the Doctor present declared him dead and for this U.D. Case No.18 dated 14.10.1996 was started. During investigation of this U.D. case she filed a petition of complai......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceedings of G.R. Case No.65 of 2007 arising out of New Market Police Station Case No.32 dated 30.03.2007, now pending in the Court of the Chief Metropolitan Magistrate, Dhaka should not be......w has also been taken in the cases of Nazrul Islam Vs. The State reported in 13 MLR (AD) 184 and Md. Maksudur Rahman alias Masud Vs. State reported in 13 MLR (High Court Division) 261. In view of the decisions referred to above it is apparent that the inherent power invested with the High Court Divi..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... Board of Directors (BOD) in dealing with the property of the Company. These have led the Petitioners to pray for a fairly extensive set of relief as enumerated thus in the Supplementary Affidavit dated 6.1.2008: (a) Remove the respondent No.2 as Managing Director of the Respondent No.1 Company a......oint of view of member-directors where a majority shareholder (that is to say, a shareholder with a preponderance of voting power) proceeds, on the strength of his control, to act contrary to the decisions of, or without the authority of, the duly constituted board of directors of the company...Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....r the respondent No.1. Writ Petition No.7462 of 2002. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting to demote the petitioner as in Annexure-F and the order dated 17.1.2001 p...... of reversion dated 27.4.2000 was stayed vide order dated 9.7.2000 passed by the aforesaid Ministry, marked Annexure-G to the writ petition but afterwards the aforesaid stay order was recalled as per decision of the Board of Governors of the River Research Institute signed by the Minster, Ministry o..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....- This Criminal appeal under section 426 of the Code of Criminal Procedure at the instance of the appellant Azizul Hossain Mondal is directed against the Judgment and order of conviction and sentence dated 19.02.1996 passed by the learned Sessions Judge, Bogra in sessions case No.70 of 1994 in con......he deposition of the prosecution witnesses, impugned Judgment and materials available in the paper book and submits that this is a case of no evidence and that the learned Sessions Judge arrived at a decision on surmise and conjecture. He further submits that the learned Sessions Judge erred in law ..Category: Criminal Law | Date: | Hits: 108
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