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One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ares certificate in respect of 306,000 shares of respondent No. 7 shall not be declared to have been vitiated by illegality and is of no legal effect and (iv) why the serving of the show cause notice dated 22-1-2007 (Annexure-S) on the petitioner-company by respondent No. 3 shall not be declared to ......for discharging the Rule as infructuous. Therefore, such a plea is not at all tenable on the facts and in the circumstances of the instant case. 22. The learned Advocate for the petitioner cites a decision in the case of Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. The learned Advocate has referred ..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....5. Judgment Muhammad Ansar Ali J.- This appeal by appellants 1). Gadu Miah alias Gadu, 2). Md. Majibur Rahman alias Madhu, 3). ldris Ali 4). Wazed Ali is directed against the judgment and order dated 11.7.1985 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convi...... weight in finding 60 appellants guilty in this case and thereby serious miscarriage of justice has taken place. In support of his contention the learned Advocate for the appellants has referred to a decision in the case of Abbas Ali Shah Vs. Emperor, reported in AIR 1933 (Lahore) 667. 10. Mr. AK..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....hmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md. Nurul Islam in Sessions Case No. 17 of 1...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....e No. 134 of 2005). Khairul Alam - on behalf of condemned prisoners- Hazrat Ali, Amani, Yousuf Ali Chowkider, Marfat Ali (Absconding condemner) and Faruque (absconding condemner by Court’s Order dated 13.12.2011) (In Death Reference No. 134 of 2005) Aminul Haque with Rana Kawser and Samia Af......rder, had been with the deceased and that the learned Additional Sessions Judge failed to appreciate all those aspects of the matter as well as the evidence on record and thereby came to an erroneous decision in convicting the appellant Saiful and as such the same is liable to be set aside and his a..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....tafa, Advocate - For the Petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No. 3192 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 27-5-87 passed by the learned Munsif, Gournadi in Miscellaneous case No.52 of 1986 under Order......e petitioner further submits that the learned Munsif erred in law in failing to apply his judicial mind into the facts and circumstances of the case and the same has resulted in error in the impugned decision occasioning failure of justice. 4. Mr. Abdul Quayum, the learned Advocate appearing for ..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....dvocate appearing for the petitioner after placing the materials on record submitted that there was no materials before the detaining authority for the detention of the detenu except GD Entry No. 508 dated 9-4-98 in which there is also no specific allegation against the detenue to justify his detent......with the Presiding Judge of the Bench disposing of the said Rule. In the dissenting opinion expressed in the judgment after discussing the provisions of sub-section (3) of section 491 of the Code and decisions in the case of Ranabir Pal Singh Vs. Emperor reported in AIR 1949 Bombay 161, Md. Anowar V..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....e Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending before the Chief Metropolitan Magistrate (CMM) Dhaka by his Judgment and order dated 1-6-97. 2. Security Exchange Commission hereinafter referred to as SEC or Commission; as co......e in the Court. He also submitted that if there was any irregularity in filing the report (complaint) the same is curable under section 537 of the Code. In support of his contention he relied on some decisions. 9. Mr. Serajul Huq submitted that before a Court decides to take cognizance it must be..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....spondent No.2. M. Hafizullah, Advocate, instructed by A. Baset Majumder, Advocate-on-record – For the Respondent Nos. 3 & 4. Civil Appeal No.140 of 1981. (From the judgment and decree dated 9.7.80 passed by the High Court Division in F.A. No.25 of 1970). Judgment Badrul Haider ......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...Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....ecord - 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 Badrul Hai......Its finding and recommendations are bad in law and any order of the Authority based on such findings and recommendations is also bad in law and cannot be sustained." Reliance was placed on the decision in Amir Hossain's case PLD 1963 (SC) 185. The learned Judge took pain to consider the repor..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... 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 Haid......the plaintiff is entitled to Tk. 50,000/- for damage and Tk. 25,000/- for the loss of his reputation with interest. Leave was granted to the defendants 4 to 7 to consider as to the correctness of the decision of the Courts below in the facts and circumstances of the case. 5. The suit was for a de..Category: Property Law | Date: | Hits: 99
....M. Shafiqur Rahman and Mustafa Neaz Mohammed, Advocates with him, instructed by B.C. Panday, Advocate-on-Record - For the Respondents.
Civil Appeal No.18 of 1982.
(From the judgment and order dated August 18, 1981 passed by the High Court Division in Civil Revision No.1706 of 1978).
Judgm......passed by the High Court Division in Civil Revision No.1706 of 1978).
Judgment
Fazle Munim CJ.- I have gone through the judgments of Ruhul Islam and Shahabuddin Ahmed, JJ, and I concur with the decision of Ruhul Islam, J.
Ruhul Islam, J.- This appeal by special leave which arises out of a p..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....d by the accused petitioners namely, Dr. Kamal Hossain and 11 others calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceedings as contained in Shahbagh PS Case No.6(12) 2006 dated 5-12-2006 corresponding to GR No.157 of 2006 under sections 143/147/447/448/427/435/506/114 of......sed and shocked knowing the fact of the order having been passed by the then learned Chief Justice Mr. Justice Sayed JR Modassir Hossain while a Division Bench of this Court was going pronounce their decision in a writ petition involving the question of occupying office of the then Head of the Care ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....993. Judgment Md. Abdul Aziz J.- In this writ petition filed by Carew and Company (Bangladesh) Limited, a Rule was issued calling upon the respondents to show cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not be decl......ts or equivalents who were actually in employment as on the date of the agreement and getting pay in the Scale of taka 400-825 would be allowed the scale of taka 470-1135 with effect from 1-1-84. The decision of the said agreement was therefore not applicable to the respondent at all as they were no..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....rit petition No.2228 of 1993. Judgment Qazi Shafluddin J.- At the instance of Gazi Wires Ltd. this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 25-11-1993 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petiti......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)
....- For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed...... of the option and on the basis of the report of the Selection Committee, at National Pay Scale of Taka 2850-5155 of 1991, it should be deemed that the petitioner was promoted in the said post as per decision of the Board. In elaborating his submission, Mr. Majumder has argued that the petitioner ha..Category: Employment/Service Law | Date: | Hits: 184
....an and retired from the Government Employment on December 16, 1991. The petitioner purchased the case land under PS Lalmonirhat, District Rangpour by two deeds of conveyance being Nos. 6507 and 10276 dated 14-10-64 and 14-6-68 respectively and was in possession of the same. While he was in peaceful ......next submits that equals are not being treated equally. So, it offends the fundamental right of equality clause as guaranteed under Article 27 of the Constitution. Mr. Farooqui then cited a number of decisions but we shall refer only to the relevant ones. In support of his contention he referred the..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
.... the Appellant. Md. Moksudor Rahman, Deputy Attorney-General instructed by B. Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 5 of 1983. (From the Judgment and Order dated 21-9-1982 pasted by the High Court Division, Jessore Bench, in Criminal Revision No.87 of 1981......der dated 10.2.81 refused to give consent to the withdrawal of the case against the appellant. The appellant thereafter moved the High Court Division, Jessore Bench, who refused to interfere with the decision of the learned Sessions Judge. The appellant then moved this Court for leave and leave was ..Category: Criminal Law | Date: | Hits: 82
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgment Fazl......h Court Division that the same points were raised there by the defendant-appellant-and as already mentioned, the learned Judges after considering them with reference to the evidence on record and the decisions cited by the learned Counsels of both parties found in favour of the plaintiff respondent ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-on-record - For the respondents. Civil Appeal No.120 of 1982. (From the judgment and order dated 11.1.1982 passed by the High Court Division in Civil Revision No.1479 of 1979). Judgment ...... whether Monoranjan predeceased his father, whether vesting of 1/5th property was legal and whether the lease of 1/5th share to the petitioner is legal and binding on the O.P. So, without coming to a decision on these above points, ejectment suit in the S.C.C. file cannot proceed. So, as complicate ..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....92. Judgment Habibur Rahman Khan J. - At the instance of the petitioner Agrani Bank, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortgage Sui......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
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