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Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......o decide such issues in accordance with the laws as propounded by the Muslim jurists rather than independently disregarding the Muslim jurists. 16. Secondly, Article 8(1A) of the Constitu­tion of Bangladesh contained in Part 11 under the heading "Fundamental Principles of State Policy" states th...... Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 19......Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party ..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....ling party cannot be free and fair, on this premise, the opposition parties, namely, the Awami League, Jatiya Party and Jamaate Islami want to cure this election malady by way of forming a "Caretaker Government" which the ruling party, namely, the Bangladesh Nationalist Party (BNP) are not conceding......diction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994.......zi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of......cial Original Jurisdiction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment ..

Category: Constitutional Law | Date: | Hits: 344

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....l decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of th....... Result: The Rule is made absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Miah being dead his heirs Abdul Kashem and others Vs. Bangladesh and others, 32 DLR (AD) 29; 33 DLR (AD) 30; 44 DLR 136. Lawyers Involved: Shamsul A......44....... also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....se is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......uthority, ex parte Coughlan (2001) QB 213; Food Corporation of India Vs. Kamdhenu Cattle Feed Industries AIR 1993 SC 1601; Sethi Auto Service Station Vs. Delhi Development Authority (2009) 1 SCC 180; Bangladesh Soya-Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management and Relief, 22 B......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......ourt Appellate Division (Civil) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Government of Bangla­desh and others...........Appellants (In all the Appeals) Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 20..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

.... out of the toll to be realised from the cattle market. It was reflected in the audit report of the hat committee, in the cash book of the then Circle Officer (Dev.) Kushtia and the Ministry of Local Government, Palli Unnayan and Samabaya in its letter under Memo dated 23rd April, 1994. Therefore, t......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition...... Md. Muzammel Hossain CJ MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 20..

Category: Property Law | Date: | Hits: 105

State Vs. Mohammad Salim, 2010, 39 CLC (HCD)

....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......n Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assistant Attorney General, Anwara Shahjahan, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State Petitioner. Nitai Roy C......rted in: 15 BLC (HCD) (2010) 99. ..

Category: Criminal Law | Date: | Hits: 118

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....91.......urt High Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rul...... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha......(2010) 91...

Category: Business or Commercial Law | Date: | Hits: 237

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....five or more persons is assigned an ‘unlawful assembly’ if the common object of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public......(In Criminal Appeal No. 2953 of 2005). Cases Referred to- Abdus Samad @ A.K.M.Abdus Samad and others Vs. the State, 44 DLR (AD) 233; Hyder Ali and others Vs. the State, 2004 (XII) BLT (AD) 196; Bangladesh Vs. Abed Ali and others, 36 DLR (AD) 234. Death Reference No. 104 of 2005 with Jail Ap......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ...... in: ..

Category: Criminal Law | Date: | Hits: 104

State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......risdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and K......Division (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 ..

Category: Criminal Law | Date: | Hits: 93

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ice seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ikh lodged a First Information Report on 27-2-98 with Kalia Police Station alleging that on 26-2-98 his cousin Delwar Hossain was assaulted by the accused persons resulting in serious injuries to him and informant got him admitted in Noapara Hospital and was trying to obtain medical certificate. At ......1998) 403. ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

.... by the same his elder brother moved this Court with an application under section 491 of the Code of Criminal Procedure and obtained the present Rule. From the supplementary affidavit it appears that Government extended the detention of the detenu for further period of 3 months with effect from 3-6-...... detention of the detenu under the provisions of section 3 of the Special Powers Act is a law which provides for preventive detention. 7. In the case of Md. Suba Miah and another Vs. Government of Bangladesh (Criminal Misc Case No. 818 of 91) disposed of on 13-2-92 this question was raised and on......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J Md. Abdul Quddus J Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule ......(1998) 399. ..

Category: Criminal Law | Date: | Hits: 72

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

....ground giving rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the same. Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing in......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......Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advocates in support of the References. Dr. M Zahir, Dr. AKM Ali and Khaled H Chowdhury with Firoz Shah, Advocates, Opposing the References. KS Nabi, Attorney-Gen......998) 291. ..

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

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....uit is such suit. There is no escape from the liability which is saddled by law. Such statutory liability is based on common law and reliance may be placed on Barbant Vs. King 1895 A.C. 632 where the Government being bailee under contract was held liable for non-feasance. Again in Ranson Vs. Platt 1......nstruc­tion of the sections may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364....... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appe......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. ..

Category: Civil Law | Date: | Hits: 112

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

....claration that the order of compul­sory retirement of the plaintiff vide Notifica­tion No.1417-PH dated 5.6.59 are illegal, ultra vires, void and further the plaintiff is still in service under the Government. 3. The suit was decreed by the Trial Court. The view was taken that the Screening Com......lso Reported in: 35 DLR (AD) (1983) 359. ......ocate-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate instruc­ted by Sirajur Rahman, Advocate-on-record - For the Respondent. Civil Appeal No.111 of 1982. (From the judgment and order dated 17.6.1980 passed by the High Court Division in F.A. No.431 of 1968.) Judgment ......me Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh……………………Appellant Vs. Dr. Nasiruddin………………………Respondent Judgment March 21, 1983. Result:..

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

Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

....se, then illegal action must be rectified. The High Court Division has given an inconsis­tent finding. The authorities in pursuance of the requisition of the Pourashava under Ordinance XXVI of 1970 (Government and Local Authority Lands and Buildings (Reco­very of Possession) Ordinance, 1970 took t......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. ......vocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others…………………Appellants Vs. Abdul Latif & others………………………Respondents Judgment February 9, 19..

Category: Property Law | Date: | Hits: 99

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

....s Recovery Act, in the aforesaid 7 Certificate Cases denying his liability for the huge arrear revenue dues on the grounds, inter alia, that the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for p......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. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Md. Khairullah Bhuiyan………………Appellant Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents Judgment May 5, 1982. Result: The appeal is all......ivision (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Md. Khairullah Bhuiyan………………Appellant Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Res..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....ment, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant) with some constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief corrugated iron sheets (CI sheets) would be available at Bhagalpur Lane area. Then......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.......te 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 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judg......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J ANM Bashirullah J Nasiruddin Ahmed Pintu (Md.)…………………………..Accused-Petitioner Vs. State………………………….Opposite Party Judgment October 28, 2010. Result..

Category: Criminal Law | Date: | Hits: 230

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

....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. ......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......DLR (HCD) (2011) 212. ......tion) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Sayeed Ahmed Chowdhury and others………………………..Petitioners Vs. SM Zahidul Islam (Zahid) & another………………&hell..

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

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

...., 2010. Result: 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 N......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......) (2011) 343; 30 BLD (HCD) (2010) 400. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Dr. Kamal Hossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule..

Category: Criminal Law | Date: | Hits: 132

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

....reement Annexure-’D’ dated 21-11-84 (28-11-84) is neither a ‘settlement’ nor an ‘agreement’ as per section 2 sub-section (24) of the IRO, because copy of the agreement was not sent to the Government and as such the agreement is not enforceable under section 34 of the IRO. This contention...... Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... ..

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