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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....Articles of Association and the procedure laid down in the said letter shall be followed by the said company: "A. Provisions to be incorporated in the Memorandum and Articles of Association: i) Government will hold shares to the extent of 5% of the total paid up capital of Tk. 10 crores and sh......Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and opposite party No.1 Mr. Harunar Rashid Chowdhury, Joint Director, Banizing Control Department, Bangladesh Bank, Motijheel Commercial Area, Dhaka to show cause why petitioner Mustafizur Rahman, Ch......urt Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Re..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....ad his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow Sc......ase is also Reported in: 45 DLR (HCD) (1993) 223. ......iscellaneous Jurisdiction) Present: ARM Amirul lslam Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- ......3. ..

Category: Property Law | Date: | Hits: 76

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. ...... Respondent No. 4. Writ Petition No.102 of 1993. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper ......igh Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referr......3) 220. ..

Category: Election Law | Date: | Hits: 126

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....he link road connecting Green Road with Mirpur Road and the Planning Commission in its meeting dated 5.11.88 approved the scheme for 100 feet wide link road over the said building of the petitioners. Government on 12.11.89 informed the respondent No.1, Deputy Commissioner, Dhaka that subject to appr......e approval of the respondent No.2 dated 26.11.91 by the respondent No.1. We are to see now whether approval of CLAC is a legal requirement for the acquisition of the said land. 13. It appears from Bangladesh Gazette published on 6.5.1976 that by resolution dated 27.4.76 Ministry of Land Administr......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ......��…………………………………Petitioners (In Writ Petition No.1059 of 1992) Majeda Khatun……………………………………….Petitioner (In Writ Petition No. 1060 of 1992) Vs. Deputy Commissioner, Dhaka and others………………….Respondents (In all the Petitions)..

Category: Property Law | Date: | Hits: 79

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....retary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR (HC) 123; Krishna Pada Dulta Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 42 DLR 297 (Para 15); Sumati Begum Vs. Refique Ullah and another, Criminal......mila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR (HC) 123; Krishna Pada Dulta Vs. Secretary, Ministry of Home Affairs, Government ......e...................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) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DL...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....Article 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 passed by the Registrar of Trade Union, Government of Bangladesh refusing registration of the Union as per section 23A of the Ordinance LI o......espondents. Writ Petition No.1903 of 1991. Judgment Anwarul Hoque Chowdhury J.- This rule arises out of an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 pas......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......2. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)

.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......ssed by the DCT". 2. The assessee was assessed to tax for the assessment year 1971‑72 under section 23(4) of the Income Tax Act, 1922 although a nil return was filed on 23rd May, 1977 by Philips Bangladesh Limited. The assessee carried on business in manufacturing and sales of electric bulb, ra..................Respondent Judgment July 15, 1992. Cases Referred to- Imperial Tobacco Company of India Ltd. Vs. CIT, PLD 1958 (SC) 125; CIT Vs. Express Newspapers Ltd., 40 ITR 38; RKB Motors and Timber (P) Ltd. Vs. CIT, (1968) ITR 794; Inland Revenue Vs. Sanderson, 8 TC 38; CIT Vs. M/s. Pak......reme Court High Court Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Philips Electrical Company Ltd..................Applicant Vs. The Commissioner of Taxes (South) Zone, Dhaka......................Respondent Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 109

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ported in: VIII ADC (2011) 250. ...... (Criminal) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J S Surendra Kumar Sinha J Shahidul @ Buidda and others ...........................................Petitioners Vs. Mrs. Anwara Begum and others .......................................Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 81

Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

.... of Muslims, that by the publication and circulation of the book it is intended to deliberately and maliciously outrage the religious feelings and beliefs of the Muslims of Bangladesh and as such the Government was justified under section 99A of the Cr.P.C. to forfeit the book. The respondent has fu......d. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......‑Nabuat" written by Moulvi Muhammad Ameer, Bangladesh Anjuman‑e-Ahmadiyya, Dhaka, under section 99A of the Code of Criminal Procedure. The petitioner has alleged that the book was first written and published in 1948 and since then several editions have been published and circulated in this cou......ginal Jurisdiction) Present: Sultan Hossain Khan J AM Mahmudur Rahman J Bangladesh Anjuman‑e-Ahmadiyya, represented by its Secretary, Umoor‑e-Ama…………………..Petitioner Vs. Secretary, Ministry of Home Affairs..................Respondent Judgment September 18, ..

Category: Constitutional Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)

....ed Subordinate Judge relying on the decision in the case of Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45 held that the employee of a corporation not being an employee of the Government, relationship between them will be one of master and servant and further relying on the d......(Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Abdul Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Bazar, Po......l Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ......ion (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Abdul Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Ba..

Category: Employment/Service Law | Date: | Hits: 108

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....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. ......Respondent No. 2. Writ Petition No. 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 ......ecial Original Jurisdiction) Present: Nurul Hoque Bhuiyan J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd................Petitioner Vs. The Chairman, Labour Court, Chittagong and another........Respondents. Judgment June 19, 1990. Lawyers Involved: Md. Khalilur ....... ..

Category: Labour and Industrial Law | Date: | Hits: 133

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

...............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) 178; Shawkat‑un‑nessa Vs. The State of Hydarabad, AIR 1950......itioner 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) 178; Shawkat‑un‑nessa Vs. The State of Hydarabad, AIR 1950 Hydarabad at ......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases.........

Category: Criminal Law | Date: | Hits: 98

Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... Bhuiyan J Abdul Latif (Md.)…………………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence,......�…………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka and oth......…………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka and others.........................Respondents. (In both the Writ Petitions). Judgment January......l Huque Bhuiyan J Abdul Latif (Md.)…………………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of D..

Category: Administrative Law | Date: | Hits: 187

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......ination may be used as evidence in the following conditions: (1) if the medical officer who made the report is dead, or (2) if he is incapable of giving evidence, or (3) if he is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Crimin......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: DM Anseruddin Ahmed J Habibur Rahman Khan J Tariq Habibullah....................................Appellant Vs. The State.............................................Respondent. Judgment October 30, ..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....buildings and structures thereon appertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land from the then Government of East Bengal by lease deed execute a on 25.1.56 and registered on 22.3.56; that after g......ransfer the suit property but ultimately the said agreement fell through and no further transaction took place and the plaintiff remained absolute owner of the suit property; that after liberation of Bangladesh the defendant No. 1, M/s. Progati Industries Ltd. illegally and forcibly took possession ......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. ..

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Badruzzaman J Bangladesh Shangbadpatra Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Infor......eported in: 43 DLR (1991) 424. ......Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents. Judgment May 30, 1991. Cases Referred to-...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Badruzzaman J Bangladesh Shangbadpatra Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Minist..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

....section 127) or punishable under section 108A, or section 153A, or section 294A, or section 295A, of section 505 of the same Code, unless upon complaint made by order of, or under authority from, the Government, or some officers empowered in this behalf by the Government." 7. In the present case ......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the......417...

Category: Criminal Law | Date: | Hits: 70

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....Memo. No. F1‑1/Tribunal‑1/85 dated Faridpur 4.2.84 BS corresponding to 19.5.87 (annexure‑B) started further inquiry against the petitioner on the self-same occurrence under section 11(3) of the Government Servants (Discipline and Appeal) Rules, 1985 and put the petitioner under suspension. The......tioner 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 for Sharifuddin Chaklader...... Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Munshi Mozammel Hossain...................... 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 Rahma...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Munshi Mozammel Hossain...................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others......

Category: Administrative Law | Date: | Hits: 182

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ....... Ajit Kamal Dutta Gupta, 6 DLR 267; Hari Pada Dutta Vs. Jay Gopal Mukherji, 39 CWN 934; Sita Nath Mandal Vs. Soleman Molla and others, 51 CIVN 650; Dr. Jamshed Bakht Vs. Md. Kamaluddin, 1981 BLD 97; Bangladesh and another Vs. M/s. ATJ Industries Ltd. and others, 29 DLR (SC) 181; Dooni Lal Seal and ......��……………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Motiul Hoque……………………………………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1..

Category: Property Law | Date: | Hits: 87

Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....vil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. ......t: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. Lawyers Inv......mad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. Lawyers Involved: K...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4,..

Category: Property Law | Date: | Hits: 65

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